Ordinary

Meeting Notice and Agenda

 

An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre Bega on
Wednesday, 21 July 2021 commencing at 2:00pm to consider and resolve
on the matters set out in the attached Agenda.

 

 

 

To:

Cr Russell Fitzpatrick , Mayor

Cr Liz Seckold, Deputy Mayor

Cr Tony Allen

Cr Robyn Bain

Cr Jo Dodds

Cr Cathy Griff

Cr Mitchell Nadin

Copy:

Chief Executive Officer, Mr Anthony McMahon

Director, Assets and Operations, Mr Ian Macfarlane

Director,  Community, Environment and Planning, Dr Alice Howe

Director, Business and Governance, Mrs Iliada Bolton

Manager Communications and Events, Ms Emily Harrison

Project Lead, Recovery, Rebuilding and Resilience, Mr Chris Horsburgh

Minute Secretary, Mrs Jackie Grant

 

 

 


Live Streaming of Council Meetings

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

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

Publishing of Agendas And Minutes

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

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

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

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

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

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

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

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

Phone (6499 2294) or email execassist@begavalley.nsw.gov.au.

 


Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

·      Is the decision or conduct legal?

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

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

·      Does it raise a conflict of interest?

·      Do you stand to gain personally at public expense?

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

·      Would it withstand public scrutiny?

Conflict of interest

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

·         Pecuniary – regulated by the Local Government Act 1993 and Office of Local Government

·         Non-pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, Office of Local Government (advice only).  If declaring a Non-Pecuniary Conflict of Interest, Councillors can choose to either disclose and vote, disclose and not vote or leave the Chamber.

The test for conflict of interest

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

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

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

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

Identifying problems

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

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

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

Local Government Act 1993 and Model Code of Conduct

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

Agency advice     

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

Contact

Phone

Email

Website

Bega Valley Shire Council

(02) 6499 2222

council@begavalley.nsw.gov.au

www.begavalley.nsw.gov.au

ICAC

8281 5999

Toll Free 1800 463 909

icac@icac.nsw.gov.au

www.icac.nsw.gov.au

Office of Local Government

(02) 4428 4100

olg@olg.nsw.gov.au

http://www.olg.nsw.gov.au/

NSW Ombudsman

(02) 8286 1000

Toll Free 1800 451 524

nswombo@ombo.nsw.gov.au

www.ombo.nsw.gov.au

 

Disclosure of pecuniary interests / non-pecuniary interests

Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 4 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation (conflict of interests) it is necessary for you to disclose the nature of the interest when making a disclosure of a pecuniary interest or a non-pecuniary conflict of interest at a meeting. 

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

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

Item no & subject

 

Pecuniary Interest

 

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

Significant Non-pecuniary conflict of interest

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

Non-pecuniary conflict of interest

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

Nature of interest

Be specific and include information such as :

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

·         The nature of your relationship with the person or organization

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

If Pecuniary

  Leave chamber

If Non-pecuniary  (tick one)

 Disclose & vote        Disclose & not vote          Leave chamber

Reason for action proposed

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

Print Name

 

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

Signed

 

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


Council

21 July 2021

 

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 30 June 2021 as circulated, be taken as read and confirmed.

3       Declarations

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

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

.

5       Petitions

 

6       Mayoral Minutes

  

7       Urgent Business

 

8       Staff Reports – Planning and Environment

 

8.1                Outcome of exhibition of draft amendment to Bega Valley Development Control Plan 2013 - South Imlay Street Eden Heritage Conservation Area....................................................................... 9

8.2                Draft Contaminated Land Policy.................................................................................................. 41

8.3                Endorsement of planning proposal for minor amendments to Bega Valley Shire Local Environmental Plan 2013.......................................................................................................... 60

8.4                Finalisation of Commercial Land Use Strategy Planning Proposal........................................ 93

8.5                Application to Modify Development Consent - Central Hotel Redevelopment 90-94 Gipps Street Bega............................................................................................................................................ 113

9       Staff Reports – Community, Culture and Leisure

 

9.1                Outcome of the public exhibition of the proposed amendments to grants, awards and scholarships programs.................................................................................................................................... 146

9.2                Memorandum of Understanding with Atlas of Life in the Coastal Wilderness................ 158

9.3                Memorandum of Understanding with Mumbulla Foundation............................................ 169

9.4                Office of Local Government Model Social Media Policy
Consultation Draft....................................................................................................................
181

10   Staff Reports –Economic Development and Business Growth

 

10.1              Investment Prospectus............................................................................................................... 188

10.2              Proposal to become a member of the Bega Valley Circularity Co-operative................... 252

11     Staff Reports – Infrastructure Waste and Water

 

11.1              RFT 2021-95 Merimbula Airport Runway Early Earthworks................................................ 286

11.2              Zingel Place Administration Building Upgrade - Project & Costings................................... 294

11.3              Pambula River Pambula Lake Yowaka River Flood Study Final Findings............................ 300

11.4              Proposed New Road Name - Bowlers Drive, Merimbula...................................................... 310

11.5              Divestment of Lot 281 DP 1158995 at 137 Murrah Street, Bermagui............................... 314

11.6              Brogo Water Treatment Plant powerline relocation............................................................ 318

12   Staff Reports – Governance and Strategy

 

12.1              Renewal of Bega Valley Shire Council's Legal Services Panel.............................................. 322

13     Staff Reports – Finance

 

13.1              Council to act as a guarantor on a loan for the purposes of extending the Eden Killer Whale Museum building...................................................................................................................... 328

 

14     Councillor Reports

14.1              Biamanga National Park Board of Management.................................................................... 331

 

15     Rescission/alteration Motions

 

16     Notices of Motion

 

17     Questions with Notice

 

18     Questions without Notice

 

19     Confidential Business 

 

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

Adjournment Into Closed Session, exclusion of the media and public........................... 331

              

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

Statement of Re-Commencement of Live Streaming

20     Noting of Resolutions from Closed Session

21   Declassification of reports considered previously in Closed Session 

 


Council

21 July 2021

 

 

Staff Reports –Planning And Environment

 

21 July 2021

  

8.1              Outcome of exhibition of draft amendment to Bega Valley Development Control Plan 2013 - South Imlay Street Eden Heritage Conservation Area........................................ 9

8.2              Draft Contaminated Land Policy......................................................................... 41

8.3              Endorsement of planning proposal for minor amendments to Bega Valley Shire Local Environmental Plan 2013.................................................................................... 60

8.4              Finalisation of Commercial Land Use Strategy Planning Proposal...................... 93

8.5              Application to Modify Development Consent - Central Hotel Redevelopment 90-94 Gipps Street Bega........................................................................................................ 113


Council 21 July 2021

Item 8.1

 

8.1Outcome of exhibition of draft amendment to Bega Valley Development Control Plan 2013 - South Imlay Street Eden Heritage Conservation Area      

This report seeks a resolution of Council to adopt an amendment to the Bega Valley Development Control Plan 2013 to introduce provisions for the South Imlay Street heritage precinct in Eden, pending the outcomes of the exhibition of a planning proposal to introduce the South Imlay Street Eden Heritage Conservation Area. 

Director Community Environment and Planning   

Officer’s Recommendation

That Council:

1.            Resolve to adopt an amendment to the Bega Valley Shire Development Control Plan 2013 (Attachment 1) to introduce provisions for the South Imlay Street heritage precinct in Eden, pending the outcome of the exhibition of a planning proposal to introduce a South Imlay Street Eden Heritage Conservation Area.

2.            Authorise Council officers to submit a planning proposal and supporting information for the introduction of a Heritage Conservation Area for South Imlay Street Eden (Attachment 3) to the Department of Planning, Industry and Environment requesting a Gateway Determination under Section 3.34 of the Environmental Planning and Assessment Act 1979.

3.            Consider a further report from staff in relation to feedback received during public exhibition of the planning proposal undertaken as part of the Gateway process

4.            That those who made submissions to the amendment to Bega Valley Development Control Plan 2013 be notified of Council’s decision.

 

Executive Summary

A draft amendment to Bega Valley Development Control Plan 2013 (BVDCP 2013) to introduce specific provisions for the South Imlay Street Eden precinct in Chapter 2.2 ‘Eden Town Centre’ was publicly exhibited for 31 days from 4 February to 7 March 2021. Thirty submissions were received during the exhibition.  A summary of the submissions is included in Attachment 2 to this report.

After a review of the submissions, several modifications to the draft amendment are recommended, shown as tracked changes in Attachment 1. It is considered that the proposed modifications are minor and do not substantially change the outcomes or effect of the draft amendment to BVDCP 2013. It is recommended that Council resolve to adopt the draft amendment to BVDCP 2013 pending the outcome of the exhibition of a planning proposal to introduce a South Imlay Street Eden Heritage Conservation Area.

Background

South Imlay Street Eden is recognised as a significant European heritage precinct with unique heritage character that is visually prominent when viewed from Snug Cove area of the Port of Eden: an area of high tourist visitation. Within this precinct there are eight local heritage items listed under Schedule 5 of Bega Valley Local Environmental Plan 2013 (BVLEP 2013).

Under Clause 5.10 of BVLEP 2013 Council is required to assesses the extent to which the carrying out of a proposed development would affect the heritage significance of heritage items in the vicinity. To assist with this process, a Heritage Conservation Area (HCA) containing 27 properties surrounding the heritage listed items is proposed.

Council’s Heritage Advisor developed a draft amendment to be introduced to Chapter 2.2 ‘Eden Town Centre’ of BVDCP 2013 to guide future development within the proposed HCA. The draft BVDCP 2013 amendment (Attachment 1) contains design controls that aim to assist building designers and developers ensure that future development is sympathetic to the heritage precinct.

A staff report was presented to the Council meeting held on 11 November 2020 with the following recommendation:

1.            Resolve to support the South Imlay Street Heritage Conservation Area Planning Proposal (Attachment 1).

2.            Authorise Council officers to submit the Planning Proposal and supporting information to the Department of Planning, Industry and Environment requesting a Gateway Determination under Section 3.34 of the Environmental Planning and Assessment Act 1979.

3.            Resolve to exhibit the proposed amendments to Chapter 2.3 ‘Eden Town Centre’ Development Control Plan 2013 to provide design guidelines within the proposed Eden Heritage Conservation Area (Attachment 2).

4.            Consider a further report from staff in relation to feedback received during public exhibition undertaken as part of the Gateway process and exhibition of the associated draft amendments to Bega Valley Development Control Plan 2013.

Council resolved the following:

1.    Note the report.

2.    To consult with the community of Eden on the proposed amendment to 2.3 ‘Eden Town Centre’ Development Control Plan 2013 to provide design guidelines within the proposed Eden Heritage Conservation Area.

3.    Consider a further report from staff in relation to feedback received during public consultation, prior to considering a Conservation Area Planning Proposal and referral for a Gateway Determination.

In accordance with the Council resolution the purpose of this report to Council is to describe the feedback to the public exhibition of the draft amendment to BVDCP 2013 and seek a Council resolution to adopt the draft amendment to the DCP for inclusion into Chapter 2.3 ‘Eden Town Centre’ in the event that a HCA is adopted for the precinct.

This report also seeks a resolution of Council to authorise Council officers to submit a planning proposal and supporting information for the introduction of a HCA for South Imlay Street Eden (Attachment 3) to the Department of Planning, Industry and Environment requesting a Gateway Determination under Section 3.34 of the Environmental Planning and Assessment Act 1979.

Options

A range of issues and suggestions were raised in feedback to the public exhibition of the draft DCP amendment and Council has several options to progress the amendment:

1.    Adopt the draft BVDCP 2013 amendment (Attachment 1), as changed following public exhibition. This is the recommended option. The recommended changes would enable several minor improvements to the wording and clarification of the provisions of the draft amendment.

2.    Adopt the draft amendment to BVDCP 2013 as exhibited.

3.    Make further changes to the draft amendment, as identified by Council, after consideration of this report and the submissions provided in Attachment 2.

Community and Stakeholder Engagement

Engagement undertaken

Community engagement on the draft amendment to BVDCP 2013 was carried out in accordance with Council’s Community Engagement Strategy and Community Engagement and Communications Toolkit.  The project was assessed to be Level 2 - Consult on the IAP2 spectrum.

The draft amendment to BVDCP 2013 was publicly exhibited for 31 days from Thursday 4 February until Sunday 7 March 2021. The proposal was advertised on Council’s website through the ‘Have Your Say’ feature with open comments invited on the webpage, through Council News and in writing to affected and adjoining landowners and the Eden Chamber of Commerce.

A total of 30 submissions were received during the public exhibition of the draft amendment to BVDCP 2013. Of these submissions 25 were in support, three were not in support and two were neutral.

Summary of submissions

The majority of submissions received during the exhibition period were generally supportive of the changes proposed. The following is a summary of the key issues raised, including discussion from Council staff regarding recommendations for amendment to the draft BVDCP 2013 amendment. A summary of feedback is provided in Appendix 2.

1) Support for proposal

Issue summary:

Twenty-five of the 30 submissions received were in support of the draft amendment to BVDCP 2013 Overall, the submitters believe that the southern portion of Imlay Street is a precinct that represents Eden’s unique character and ‘sense of place’ that is valued by the Eden community. It showcases the vibrant history of the area as it contains some of the oldest buildings with varied architecture. It is also valued for its educational opportunities for future generations and its contribution to the visitor economy. The precinct provides a valuable pedestrian link between significant views and vistas, local walking tracks, Snug Cove and the town centre. Submitters were in support of the provisions as they provide protection of the precinct that still guides and allows new development that does not detract from the significance of heritage items.

Staff comment:  

The high level of support for the draft amendment to the BVDCP 2013 is noted. 

Recommendation: No change to the proposed BVDCP 2013 amendment.

2) Additional heritage restrictions are unnecessary or unfair and may impact views

Issue summary:

The heritage buildings and area are already protected and cannot see what the additional heritage restrictions on existing properties or surrounding public land will add to this protection. Concern that the roof form provisions may impact views of Victoria Terrace from Imlay Street. Question why HCA only proposed for southern portion of Imlay Street and not the whole of Imlay Street.

Staff comment:

South Imlay Street Eden is recognised as a significant European heritage precinct with unique heritage character that is visually prominent when viewed from Snug Cove area of the Port of Eden which is an area of high tourist visitation. At this stage, Council does not have any plans to extend the proposed HCA along Imlay Street.

Within the proposed HCA there are eight local heritage items listed under Schedule 5 of BVLEP 2013. Under Clause 5.10 of BVLEP 2013 Council is already required to assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage items in the vicinity. The draft BVDCP 2013 provisions will assist with this process and aid designers and property owners to ensure new development is sympathetic to the character of the precinct. The topography and existing maximum height limits will minimise any impact of development along Victoria Terrace on view corridors from Imlay Street.

Recommendation:

It is recommended that the draft BVDCP 2013 be amended to include additional guidance regarding appropriate roof form and clarification of what is meant by ‘significant vantage points around Eden’. These proposed wording changes are contained in the tracked changes in Attachment 1.

3) Additional heritage restrictions will restrict future development

Issue summary:

Concern that the draft BVDCP 2013 amendments will restrict future development, Eden should be welcoming development and not restricting it.

Staff comment:

Protecting the historic atmosphere of the Eden town centre has been identified in Bega Valley Shire Commercial Land Strategy 2040 which sets the direction for future development within commercial centres based on their existing natural advantages and includes recommendations to revitalise commercial space and promote economic growth opportunities. One of the development principles adopted in the strategy is to focus on unique or locally distinctive assets. This includes preserving heritage values that contribute to the ongoing viability of the centre.

The significance of the South Imlay Street precinct adds to the visitor economy is visually prominent when viewed from the Snug Cove area of the Port of Eden which is an area of high tourist visitation and it is strategically located between the operational wharf, the commercial centre and significant walking tracks along iconic local coastal areas.

Additional design controls in the precinct will support design excellence leading to an improved sense of place in Eden. This strengthens the marketing message of Eden as a ‘historical’ place in a stunning landscape setting. 

The draft amendment to BVDCP 2013 supports the delivery of the Bega Valley Shire Commercial Land Strategy 2040. 

Recommendation: No change to the proposed BVDCP 2013 amendment.

 

 

 

4) Question boundary of proposed HCA

Issue summary:

Question why the HCA is proposed for the southern end of Imlay Street and not the entire length of Imlay Street, why it applies to some properties in Victoria Terrace but not others, questioned heritage significance of buildings on the eastern side of Imlay Street and along Albert Terrace. Feel that they are being singled out considering there are several other heritage buildings in the town and most buildings in the HCA do not have heritage status.

Staff comment:

South Imlay Street Eden has been identified as a significant European heritage precinct including unique heritage character and unique views and vistas when viewed from Snug Cove and either flank of the elevated area of Imlay Street. The HCA will apply to land that future development could impact on the precinct’s unique character and therefore includes land surrounding the heritage items where new development could impact on the unique views and vistas when viewed from Snug Cove and either flank of the elevated area of Imlay Street.

Recommendation: No change to the proposed BVDCP 2013 amendment.

Minor editing to align with existing DCP provisions

Minor wording amendments to the draft amendment to the BVDCP 2013 are recommended by Council staff to ensure that the objective is consistent with existing BVDCP 2013 provisions and to clarify when the guidelines apply to additions to existing buildings. These proposed changes are shown as tracked changes in Attachment 1.

Engagement planned

If Council resolves to adopt the draft amendment to BVDCP 2013 and proceed with the planning proposal for the introduction of the South Imlay Street, Eden HCA, then community engagement on the planning proposal will be undertaken in accordance with the Bega Valley Shire Council Community Engagement Strategy and Community Engagement and Communications Toolkit.  The project is assessed to be Level 2 - Consult on the IAP2 spectrum.  

The Gateway Determination will confirm community consultation requirements. It is likely that the planning proposal will be exhibited as a ‘low’ impact proposal for a period of not less than 14 days in accordance with Section 5.5.2 of A Guide to Preparing Local Environmental Plans.

Council will follow community and agency consultation requirements as per the Gateway Determination and Bega Valley Shire Council Community Engagement Strategy. It is planned to advertise the planning proposal on Council’s website through the ‘Have Your Say’ feature, in the local newspaper and in writing to affected and adjoining landowners and the Eden Chamber of Commerce.

Following community and agency consultation, a report will be prepared for Council outlining feedback on the planning proposal and any recommended changes in response to submissions prior to resolving whether to proceed with amending the LEP.

 

 

 

 

 

Financial and Resource Considerations

Item

$ Excl GST

Expenditure Detail

 

Advertising planning proposal for the introduction of a Eden HCA for Gateway determination.

$700

Total Expenditure

$700

 

 

Source of Funds

 

General Fund

$700.00

Total income available

$700

 

 

Project Funding Shortfall

Nil

Legal /Policy

Exhibition of the draft BVDCP 2013 amendment was consistent with Council’s obligations under the Environmental Planning and Assessment Regulation 2000.

The planning proposal has been prepared in accordance with Section 3.33 of the Environmental Planning and Assessment Act 1979 and the NSW Department of Planning, Industry and Environment’s A Guide to Preparing Planning Proposals (December 2018).

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The draft amendment to BVDCP 2013 and proposed planning proposal support one of the 10 key principles of the Bega Valley Shire Commercial Land Strategy 2040:

·    Principle 7: Focus on unique or locally distinctive assets. Preserve heritage values, settlement character and environmental and biodiversity values where these attributes are seen as significant in a centre by stakeholders and contribute to the ongoing viability of the centre.

The draft amendment to BVDCP 2013 and proposed planning proposal are consistent with achieving the following planning priority and Action of the Bega Valley Shire Local Strategic Planning Statement 2040 relating to:

·    Planning Priority 10 – Future Directions: Protect cultural heritage and built heritage items and preserve the value of heritage buildings and places by ensuring that new development near heritage-listed items respects these values.

·    Action 10.2 Protect the existing heritage character at the southern end of Imlay Street, Eden.

The draft amendment to BVDCP 2013 and proposed planning proposal are consistent with the following goal and strategy of the Bega Valley Shire Community Strategic Plan 2040:

·    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.

·    Strategy 20: Encourage and support local identity, heritage and character in our towns, villages and rural areas.

The draft amendment to BVDCP 2013 and proposed planning proposal aim to achieve the following goal and direction of the NSW Department of Planning, Industry and Environment’s South East and Tablelands Regional Plan 2036:

·    Goal 3: Healthy and connected communities.

·    Direction 23: Protect the region’s heritage.

Environment and Climate Change

The proposed changes to BVLEP 2013 and BVDCP 2013 will ensure aspects of the heritage of Eden are preserved for future generations.

Economic

Protecting the historic atmosphere of the Eden town centre has been identified in the recently adopted Bega Valley Shire Commercial Strategy 2040 as a key method of providing economic benefits to the town by maintaining the attractiveness of places to visitors.

The South Imlay Street Eden heritage precinct is visually prominent when viewed from the Snug Cove area of the Port of Eden which is an area of high tourist visitation and it is strategically located on the walking route between the harbour and the Eden CBD. Additional design controls and HCA in this precinct will support design excellence leading to an improved sense of place in Eden. This strengthens the marketing message of Eden as a ‘historical’ place in a stunning coastal landscape setting.

Risk

Introducing the draft amendment to BVDCP 2013 and HCA will reduce the risk of inappropriate and non-sympathetic development occurring in a heritage significant precinct in a highly prominent location close to the Port of Eden which may have long term visual impacts.

Social / Cultural

It is anticipated that the draft amendment to BVDCP 2013 and the proposed planning proposal will have positive social impacts for the local community by protecting the significance of the heritage-listed buildings and connection with the history of Eden as well as enhancing the community’s sense of identity which contributes to the wellbeing of residents.

Attachments

1.         Draft BVDCP 2013 South Imlay Street Eden HCA for adoption

2.         Draft BVDCP 2013 South Imlay Street Eden HCA summary of sumissions

3.         South Imlay Street Eden HCA planning proposal

 


Council

21 July 2021

Item 8.1 - Attachment 1

Draft BVDCP 2013 South Imlay Street Eden HCA for adoption

 

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Council

21 July 2021

Item 8.1 - Attachment 2

Draft BVDCP 2013 South Imlay Street Eden HCA summary of sumissions

 

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Council

21 July 2021

Item 8.1 - Attachment 3

South Imlay Street Eden HCA planning proposal

 

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Council 21 July 2021

Item 8.2

 

8.2.  Draft Contaminated Land Policy     

This report seeks a resolution of Council to publicly exhibit a draft Contaminated Land Policy for Bega Valley Shire.

 

Director Community Environment and Planning  

Officer’s Recommendation

That Council:

1.    Publicly exhibit a draft Contaminated Land Policy (Attachment 1) for not less than 42 days.

2.    Receive a further report from staff following public exhibition.

 

 

Executive Summary

Bega Valley Shire Council (BVSC) has an action in the 2020-21 Operational Plan to develop a Contaminated Land Policy for the Shire.  A draft has now been prepared based on a template policy developed by the Canberra Region Joint Organisation.

Community feedback is now sought prior to finalisation of the policy.

 

Background

BVSC has an obligation to manage contaminated land in accordance with legislative requirements in NSW.  To date, BVSC has not had an adopted policy position to guide how that process takes place, particularly in relation to development assessment and due diligence disclosure of information for property transactions via section 10.7 planning certificates.

The proposed policy provides clarity about how Council will manage contaminated land across the Shire and what is required of development proponents.

 

Options

Options available to Council are to:

1.  Publicly exhibit the draft Contaminated Land Policy provided in Attachment 1. This is the recommended option.

2.  Exhibit an alternative policy document to that provided in Attachment 1. Councillors would need to identify alternative wording for that policy. 

3.  Not exhibit a draft Contaminated Land Policy. This is not recommended as Council committed to develop such a policy in its 2021-2022 Operational Plan.

 

Community and Stakeholder Engagement

Engagement undertaken

Engagement has taken place to date with the Canberra Region Joint Organisation’s Contaminated Land Officer and relevant subject matter experts in Council’s Certification and Compliance, Planning and Sustainability and Information and Communications Technology teams.

Councillors were briefed on the draft policy on 5 May 2021, and it was provided to BVSC’s Strategic Leadership Group for comment on 28 April 2021.

Engagement planned

Broader community input on the draft policy will be sought as part of the public exhibition process and a further report will be provided to Council.

 

Financial and Resource Considerations

Resources to prepare the draft Policy have been made available through the Canberra Region Joint Organisation, with in-kind support provided by BVSC staff.  Costs to exhibit the draft Policy are expected to be minimal ($500).

There are resource implications associated with establishing and maintaining a register of contaminated land, which are expected to be of the order of $1,500-$2,000.  There are also in-kind resource implications associated with establishing appropriate workflows and procedures to receive, assess, record and report on contaminated property.  Assistance to meet these additional resource requirements will be provided by the Canberra Region Joint Organisation.

Item

$ Excl GST

Expenditure Detail

 

Exhibition of draft policy

$500

Development of contaminated land register

$1,500-$2,000

Total Expenditure

$2,000-$2,500

Source of Funds

 

General Fund adopted 21-22 budget

$2,500

Total income available

$2,500

Project Funding Shortfall

$0

 

Legal /Policy

BVSC’s obligations in relation to contaminated land management are described in the draft Policy (Attachment 1).

 

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The draft Policy was developed in response to the action in the 2020-21 Operational Plan.

Environment and Climate Change

The draft Policy seeks to improve the availability of information to the community about land contamination across the Shire.  This has the potential to improve environmental outcomes through improved understanding and management of contamination.

Economic

There is the potential for additional remediation works to be required where sites are identified for contamination. These costs are offset against the potential economic impacts of poor site remediation, and the savings to developers from clarity around the development assessment process in relation to contamination.

Risk

There are risks to BVSC of both continuing without a policy and adopting one. The status quo continues to expose BVSC to a risk of not being able to demonstrate due diligence in its duty of care to provide landowners and prospective landowners with the best available information in relation to land contamination.  Development of the policy has some potential reputational risk that developers will consider these measures to be unnecessarily onerous. Mitigation of this risk revolves around explaining that these obligations exist under current legislation and the policy seeks to streamline and clarify the development assessment process.

Social / Cultural

The draft Policy seeks to protect public health by reducing exposure to contaminated land.

Attachments

1.         Draft Contaminated Land Policy

 


Council

21 July 2021

Item 8.2 - Attachment 1

Draft Contaminated Land Policy

 

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Council 21 July 2021

Item 8.3

 

8.3.  Endorsement of planning proposal for minor amendments to Bega Valley Shire Local Environmental Plan 2013     

This report seeks a resolution of Council to support a planning proposal for minor amendments to Bega Valley Local Environmental Plan 2013.

Director Community Environment and Planning  

Officer’s Recommendation

That Council:

1.    Support a planning proposal to implement several minor amendments to Bega Valley Local Environmental Plan 2013.

2.    Authorise Council officers to submit the planning proposal (Attachment 1) and supporting information to the Department of Planning, Industry and Environment requesting a Gateway Determination under Section 3.34 of the Environmental Planning and Assessment Act 1979.

3.    Authorise Council officers, subject to the conditions of the Gateway Determination and providing no substantial changes to the planning proposal are required, to progress the planning proposal to finalisation and gazettal without a further report to Council.

 

Executive Summary

Council officers and property owners have identified several minor errors and omissions in the maps and wording of Bega Valley Local Environmental Plan 2013 (BVLEP 2013). In response, Council officers have prepared a planning proposal (Attachment 1) to make several minor amendments to BVLEP 2013 regarding:

•     zoning, height of buildings, lot size and original holdings maps,

•     heritage map and schedule amendments, and

•     BVLEP clause amendment.

These proposed amendments have no strategic impact and are considered suitable for inclusion in a ‘minor amendments’ planning proposal.

 

Background

The implementation and application of BVLEP 2013 has inadvertently resulted in several minor mapping errors and anomalies. Several heritage items require their status to be updated in Schedule 5 of BVLEP 2013, while staff have identified the need to update BVLEP 2013 Clause 4.6 to restore provisions that were inadvertently altered through NSW Government changes that applied to all LEPs in NSW.

In order to make these minor amendments to BVLEP 2013, a planning proposal is required (Attachment 1). This planning proposal is the fifth minor amendments (or housekeeping) planning proposal prepared by Council since the gazettal of BVLEP 2013.

BVLEP 2013 Map Amendments

Thirty-eight parcels of land have been found to require changes to the zoning, height of buildings, lot size or original holdings maps to reflect current zonings or correct errors. These amendments are considered minor in nature and do not have any significant economic, environmental or social impacts. Table 1 details the proposed mapping amendments.

Table 1: Proposed map amendments

Map type

Property

Proposed amendment

Purpose

Height of Buildings

Lots 1 – 32 DP 1249961

Thompson Drive, Riverine Drive, Wheeler Avenue, Woolybutt Way, Mahogany Close, Tathra

Amend the Height of Buildings Map HOB_019B from 10m to 7.5m

Create consistency with a restriction on titles resulting from a development consent

Lot 1 DP 583103 & Lot 22 DP 1013450, Barrabaroo Road, Cobargo

Amend the Height of Buildings Map HOB_011A from 14m TO 10m

Correct a mapping error created at the time of gazettal of BVLEP 2013, which incorrectly applied the height limit for industrial land as was exhibited in the draft LEP instead of the 10m for the village zone

Land Zoning

Lot 46 DP 1054833

2 Corakai Drive, Pambula Beach

Amend the Land Zoning Map LZN_020A to add section of E2 Environmental Conservation zone

Reflect the Land Acquisition Map and correct a mapping error created at the time of gazettal of BVLEP 2013 where the E2 zone was left off the portion of the lot that is earmarked for acquisition

Lot Size

Lot 26 DP 850443

75 Green Point Road, Millingandi

Amend the Lot Size Maps LSZ_020A and LSZ_020B from 3ha to 5ha

Correct a mapping error created through mapping amendments to BVLEP 2013 since adoption

Original Holdings

Lot 244 DP 750220, Glen Oaks Road, Brogo

Add a new holding to the Original Holdings Map OLH_011 over lot

Preserve one dwelling entitlement identified since gazettal of BVLEP 2013 Amendment 30

Lots 15, 16, & 19 DP 750239 and Lot 1 DP 34520, Wonboyn Road, Narrabarba

Add a new holding to the Original Holdings Map OLH_014 over lots

Preserve one dwelling entitlement identified since gazettal of BVLEP 2013 Amendment 30

BVLEP 2013 Heritage Map and Schedule Amendments

Three heritage items have been identified as requiring amendment on the Heritage Map and Schedule 5 of BVLEP 2013. These are inclusion of the State Heritage Listed Bundian Way, deletion of an item that has been demolished, clarification of the location of the graves at Nungatta Station and an updated property description for the Mirador Tramway. The proposed amendments are detailed in Tables 2 and 3.

 

 

 

 

Table 2: Proposed heritage map amendments

Map type

Property

Proposed amendment

Purpose

Heritage

No freehold land, Bundian Way Heritage Route

Add item to Schedule 5 and Heritage Maps HER_006, HER_013 and HER_021

Update the Heritage Schedule and map to reflect a State Heritage listed item

Lot 3 DP 1102868 & Lot 1 DP 1158027, Nungatta Road, Nungatta

Update property description in Schedule 5 and Heritage Map HER_007 from Lot 3 DP 1102868 to Lot 1 DP 1158027

Update the Heritage Schedule and map to reflect correct location of listed item

Lots 21 & 22 DP 1182768
(previously Lot 2 DP 1072294), Princes Highway, Cobargo

Remove item from to Schedule 5 and Heritage Map HER_018

Update the Heritage Schedule and map to reflect the demolition of a heritage item

Lots 1050 - 1086 DP 1240676, Mirador Drive & Jacaranda Place Mirador

Update Schedule 5 and Heritage Map HER_020B

Update the Heritage Schedule and map to reflect recent subdivision of the land

Table 3: Proposed heritage schedule amendments

Suburb

Item name

Address

Property description

Significance

Item number

Various

Bundian Way

Various

No freehold title

State

01906

Nungatta

Nungatta Station grave site

1551 Nungatta Road, Nungatta NSW 2551

Lot 3, DP 1102868 Lot 1, DP 1158027

Local

I261

Cobargo

Residence

50 Princes Highway

Lot 2, DP 1072294

Local

I169

Merimbula

Trolley way, Mirador tramway, Pages Creek dam

off Mirador Drive

Lot 388, DP 1124839 Lot 1087 DP 1240676

Local

I734

BVLEP 2013 Clause Amendment

On 18 December 2020, changes were made by the NSW Government that included amendments to the provisions for secondary dwellings in rural zones. As a result of these changes there is now an inconsistency in BVLEP 2013 between the provisions for secondary dwellings in rural and urban zones. This inconsistency means that the development standards for secondary dwellings in rural zones can now be varied through the development assessment process, which is not the case for secondary dwellings in urban zones.

To reinstate the provisions that existed prior to December 2020 that applied equally to all secondary dwellings throughout the Shire, the following change is recommended to BVLEP 2013 Clause 4.6(8)(caa) ‘Exceptions to development standards’:

·      Inserting Clause 5.5 to prevent consideration of exceptions to development standards for secondary dwellings in rural zones.

 

 

Options

This report recommends that Council amend BVLEP 2013 to make minor, but important amendments to BVLEP 2013. These changes are important to ensure that BVLEP 2013 remains contemporary and meets the requirements of the landowners, the wider community and Council’s strategic direction. Council could choose not to make these changes and the anomalies would remain as there is no other avenue to make the proposed changes other than through the planning proposal process.

 

Community and Stakeholder Engagement

Engagement undertaken

No community consultation has yet been undertaken.

Engagement planned

The Gateway Determination will confirm community consultation requirements. It is likely that the planning proposal will be exhibited as a ‘low’ impact proposal for a period of not less than 14 days in accordance with Section 5.5.2 of A Guide to Preparing Local Environmental Plans.

Council will engage with the local community and agencies as per the Gateway Determination and Council’s Community Engagement Strategy. This will include notification on Council’s website and in writing to affected owners.

Should agency or community feedback to the planning proposal be received that warrant substantial changes to the planning proposal, a further report will be prepared for Council outlining the submissions received and any changes to the planning proposal recommended in response to those submissions prior to resolving whether to proceed with amending BVLEP 2013.

In the event that no objections to the planning proposal are received from landowners and no changes are required to the planning proposal, it is recommended that Council resolve to authorise staff to proceed to finalise the proposed amendment to BVLEP 2013.

 

Financial and Resource Considerations

The processing of the planning proposal and its public exhibition will be undertaken as part of Council’s regular work program and within the adopted 2021-22 budget.

 

Legal /Policy

This planning proposal has been prepared in accordance with Section 3.33 of the Environmental Planning and Assessment Act 1979 and the NSW Department of Planning, Industry and Environment’s A Guide to Preparing Planning Proposals (December 2018).

 

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The planning proposal is consistent with the Bega Valley Community Strategic Plan 2040, the Bega Valley Shire Local Strategic Planning Statement or the South East and Tablelands Regional Plan 2036.

Environment and Climate Change

The planning proposal is largely administrative in nature and will not materially increase the risks associated with climate change or result in any significant impacts on the environment.

Economic

The planning proposal is largely administrative in nature and will not result in any significant positive or negative economic impacts except for the amendments to the Original Holdings Map, which will reinstate dwelling entitlements for the two affected properties.

Risk

Implementation of this planning proposal will address the risk of delays in the development assessment process through removal of anomalies that may create confusion for landowners and Council staff in the future. It will also reduce the risk for the owners of the original holdings who would otherwise have to rely on providing sufficient justification through the application of BVLEP 2013 Clause 4.6 to gain development consent for dwellings on the land.

Social / Cultural

The planning proposal is largely administrative in nature and will not result in any material positive or negative social or cultural impacts.

 

Attachments

1.         Draft Minor Amendments Planning Proposal July 2021

 


Council

21 July 2021

Item 8.3 - Attachment 1

Draft Minor Amendments Planning Proposal July 2021

 

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Council 21 July 2021

Item 8.4

 

8.4.  Finalisation of Commercial Land Use Strategy Planning Proposal     

The planning proposal to amend Bega Valley Local Environmental Plan 2013 to implement the recommendations of the Bega Valley Shire Commercial Land Strategy 2040 has been publicly exhibited. This report seeks Council’s resolution to finalise the planning proposal subject to the recommended changes arising through the public exhibition process. 

Director Community Environment and Planning  

Officer’s Recommendation

That Council:

1.    Finalise the amendment to Bega Valley Local Environmental Plan 2013 (Amendment 37) as detailed in this report and in accordance with the delegations issued by the Minister for Planning and Public Spaces under Section 3.36 of the Environmental Planning and Assessment Act 1979

2.    Advise those who made a submission during exhibition of the planning proposal of Council’s resolution on this matter.

Executive Summary

Public exhibition of the planning proposal to amend Bega Valley Local Environmental Plan 2013 (BVLEP 2013) to implement the recommendations of the Bega Valley Shire Commercial Land Strategy 2040 took place between 16 March 2021 and 18 April 2021. Nine public and three agency submissions were received during the exhibition period.

The purpose of this report is to advise Council of the feedback received during exhibition of the planning proposal and seek a resolution to finalise the matter. After reviewing the submissions two minor changes to the exhibited planning proposal are recommended.

Background

The Commercial Land Strategy was adopted by Council in April 2020. The Strategy provides a vision and framework for the development of the Shire’s commercial centres over the next 20 years. Council officers prepared a planning proposal to amend BVLEP 2013 to implement recommendations of the Commercial Land Strategy, which was presented to the Council meeting of 7 October 2020.

In accordance with Council’s resolution on the matter at that time, the planning proposal was submitted to the NSW Department of Planning Infrastructure and Environment (DPIE) seeking Gateway approval. The Gateway Determination included a suggestion that the planning proposal be updated prior to public exhibition to include the appropriate minimum lot size for proposed R3 Medium Density Residential land in Merimbula. This amendment was duly made by Council staff and the planning proposal was exhibited in accordance with the requirements of the Gateway Determination.

A staff report on the finalisation of the Planning Proposal was presented to the Council meeting held on 30 June 2021, with the matter deferred to allow more time for submitters to determine whether to make a deputation.

Options

Council can proceed to finalise the matter under delegation where amendments are made to the exhibited planning proposal in response to the objections by the NSW Department of Primary Industries Agriculture Division (DPI Agriculture) and DPIE’s Biodiversity and Conservation Division (BCD). This is the recommended option.

If Council chooses not to amend the exhibited planning proposal in accordance with the requirements of DPI Agriculture and BCD, Council will not have delegation to finalise the amendment and the matter will need to be determined and finalised by a delegate for the Minister for Planning and Public Spaces.

Community Engagement

Engagement undertaken

Consultation was conducted in accordance with the requirements of the Gateway Determination and Council’s adopted Community Engagement Strategy. Public exhibition was undertaken for 28 days from 16 March 2021 to 18 April 2021. Exhibition of the planning proposal was notified on the ‘Have Your Say’ page of Council’s website, a media release was published, and a notice was placed on Council’s Facebook page. Each of the local Chambers of Commerce and the development professionals group were notified by email.

The owners of all land affected by the planning proposal were notified directly by a detailed letter containing an overview of the proposed zoning changes that specifically related to their property including a map of the area affected, information outlining the impact of the changes on existing uses and rates as well as details of the changes to land use tables proposed.

In accordance with the Gateway Determination, consultation with BCD, DPI Agriculture and NSW Rural Fire Service (RFS) was also undertaken.

Summary of Submissions 

Nine public and three agency submissions were received in relation to the planning proposal.

A summary of the submissions received is outlined in Attachment 1. The key issues raised in the submissions are outlined below including discussion from Council staff.

1) Bush Fire Protection

Issue summary: RFS had no objections to the planning proposal subject to a requirement that the future development presenting an increase in residential density complies with Planning for Bush Fire Protection Guidelines 2019.

Staff comment: Chapter 7 and clause 8.2.1 of Planning for Bush Fire Protection Guidelines 2019 cover requirements for residential infill development and increased residential densities respectively. Compliance with the guidelines is part of the normal development assessment process for any development application on bushfire prone mapped land.

Recommendation: No change to planning proposal.

2) Objections to inclusion of hotel and motel accommodation as a permitted use with consent

Issue summary: DPI Agriculture objected to the inclusion of hotel or motel accommodation as a permitted use with consent in the RU2 Rural Landscape zone as there is a risk that this type of land use would dominate the primary production function of rural land and increase potential land use conflict with agriculture uses. The permitted use ecotourist facilities may already provide the accommodation style being sought particularly where it is near to natural areas.

BCD objected to the general inclusion of hotel motel accommodation as a permitted use in E3 Environmental Management zone as it generally will not meet the objectives of the zone and there is insufficient evidence provided to support this type of scale of development in the E3 zone.

Staff comment: Not enabling the use of hotel and motel accommodation in the RU2 and E3 zones will not significantly limit achieving the objectives of the Commercial Land Strategy. Future development of this type in these zones is provided for by other tourist accommodation uses such as ecotourist facilities as well as bed and breakfast and farm stay accommodation are already permitted in both these zones.

Recommendation: It is recommended that hotel and motel accommodation be removed from the planning proposal as a proposed permitted land use in the RU2 Rural Landscape and E3 Environmental Management zones.

3) Merimbula - Support for rezoning / question any changes to height limits.

Issue summary: One submission supported the proposed changes in Merimbula and another questioned if there are any proposed changes of building height in Merimbula in the planning proposal.

Staff comment: There are no height variations for any land in Merimbula in the planning proposal. Littleton Gardens in RE1 Public Recreation zone in Bega is the only land that is proposed to have an amendment to the maximum building height from 13 metres to 10 metres to be consistent with surrounding non-commercial zone land.

Recommendation: No change to planning proposal.

4) Tathra – Support for rezoning / question impact of high-density development on Tathra headland.

Issue summary: Rezoning the land from B2 Local Centre to B4 Mixed Use in the Tathra headland area will result in high density units, which will be an overdevelopment of the area and adversely affect its character.

Staff comment: The Commercial Land Strategy includes a character statement for Tathra to clarify the vision and framework for the development of the town over the next 20 years. The aim for Tathra is to encourage development that is sympathetic with its coastal setting and to protect key elements within the streetscape including view corridors that contribute to the uniqueness of the town. There are several existing development controls that will ensure that new development will be in keeping with the Tathra character statement that will not change with the implementation of this planning proposal. 

Recommendation: No change to planning proposal.

5) Tathra – Request for extension of B4 zoning

Issue summary: One submission requested that all or part of a lot be included in the area to be rezoned from B2 to B4 Mixed use because there is currently no demand for new commercial development in Tathra and is unlikely to be in the future given the lack of supply of land for residential development; and current shortage of available residential land means B4 represents a more appropriate zone.

Staff comment: The strategy currently being implemented aims to ensure enough supply of commercial land for the next 20 years. It is a recommendation of the strategy that: “A watching brief will be kept to monitor the demand for and supply of vacant and occupied commercial land in Tathra to determine the appropriate time for further zoning of B4 or B2 land.” Any subsequent review will consider the site and may recommend an amendment to the zone should it be warranted. It is also noted that the Residential Land Strategy 2040 did not make any recommendations for rezoning land in Tathra.

The aim of the planning proposal is to amend BVLEP 2013 in accordance with the recommendations of the adopted Commercial Land Strategy 2040. The rezoning request contained in the submission is not consistent with the recommendations of the strategy and if supported, would require a review of the strategy and subsequent revision and re-exhibition of the planning proposal should the amendment be approved by the Gateway Panel.

Recommendation: No change to planning proposal.

6) Bega – Oppose extent of rezoning from B4 Mixed Use to B2 Local Centre

Issue summary: Two submissions raised concerns with rezoning land in Bega from B4 Mixed Use to B2 Local Centre because it will reduce flexibility for landowners to respond to market demand. The B2 zone will reduce the residential type land uses permissible and prohibit conversion from business to residential use, particularly in Peden and Canning streets. Residential demand has increased and there is a current oversupply of small-scale retail space in the Bega CBD. Recent community trends such as online shopping and working from home is likely to exacerbate this oversupply. The rezoning will reduce medium density development opportunities within walking distance of Bega CBD. 

Staff comment: The strategic intention of the rezoning from B4 Mixed Use to B2 Local Centre is to ensure that the commercial centre of Bega is positioned to be able to cater to commercial growth over a 20-year timeframe. It aims to enable the expansion of commercial uses into the future around the existing commercial core and to consolidate the business zone and existing commercial uses around the existing core. This will clearly define the Bega town centre and ensure that it can deliver a diverse range of employment, administrative, retail, business, health and education opportunities into the future.

The planning proposal does not propose to rezone all B4 Mixed Use land in Bega to B2 Local Centre and there will still be significant potential for redevelopment within the remaining B4 zone as well as the existing R3 Medium Density Residential zones for medium density residential development. It is noted that the B2 Local Centre zone includes shop top housing as a permissible use, which will enable some housing diversity and supply in the Bega CBD on appropriate sites.

Recommendation: No change to planning proposal.

7) Bega - Lack of large-scale commercial land within walking distance of Bega CBD.

Issue summary: There is a lack of large-scale commercial land within walking distance of Bega CBD. More industrial land should be provided so that existing industrial land uses close to Bega CBD can be relocated to make their current sites available for large scale commercial.

Staff comment: In developing the Strategy, vacant B4 Mixed Use zone land, vacancy rates in B2 Local Centre zone and the potential for the gradual relocation of light industries to outside the centre were considered. The planning proposal includes removal of vehicle sales or hire premises as a permitted use and continues the prohibition of light industries in the B2 Local Centre zone to assist with the relocation of these uses to an industrial area.

Recommendation: No change to planning proposal.

8) Merimbula – Oppose rezoning from B4 Mixed Use to B2 Local Centre

Issue summary: One submission raised concerns with rezoning certain land in Merimbula from B4 Mixed Use to R3 Medium Density Residential because it will reduce flexibility for the landowners to respond to market demand and the area is unsuitable for residential development. The R3 zone would limit future use of the owner’s building to medical uses only as it was purpose built as office space and will limit resale.

Staff comment: There are three purpose-built non-residential buildings in the area that is the subject of the submission and these can continue to operate under existing use rights or be redeveloped into other forms of development that are permitted in the zone in the future. The strategic intention of the rezoning from B4 Mixed Use to R3 Medium Density Residential is to respond to the oversupply of land zoned B4 Mixed Use and to consolidate commercial activity within the Merimbula commercial centre. This will encourage a more vibrant town centre and support employment opportunities in the core business area as well provide opportunities for urban renewal and housing diversity to enable more people to live close to the town centre.

Recommendation: No change to planning proposal.

Financial and resource considerations

The processing of the planning proposal and its public exhibition have been undertaken as part of Council’s regular work program and within the adopted 2020-21 budget.

Legal /Policy

This planning proposal was prepared in accordance with Section 3.33 of the Environmental Planning and Assessment Act 1979 and DPIE’s A Guide to Preparing Planning Proposals (December 2018).

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The planning proposal aims to achieve the following goals of the South East and Tablelands Regional Plan 2036:

·    Goal 1: A connected and prosperous economy

·    Goal 4: Environmentally sustainable housing choices

The planning proposal is consistent with the following goals of the Bega Valley Shire 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 planning proposal is consistent with achieving the planning priorities of the Bega Valley Shire Local Strategic Planning Statement 2040 relating to:

·    Agriculture, tourism, character, housing and town centres

Environmental / Sustainability

The planning proposal will contribute to a more diverse and thriving economy including economic sustainability, sustainable development and sustainable employment opportunities as well as encouraging more vibrant town centres. The planning proposal may lead to improved sustainability outcomes through consolidation of land and redevelopment that complies with current best practice building standards and improved energy efficiency.

It is not anticipated that there will be any adverse environmental effects because of this planning proposal. The planning proposal zoning changes apply to existing B1 Neighbourhood Centre, B2 Local Centre, R3 Medium Density Residential, B4 Mixed Use zoned land and IN4 Working Waterfront in urbanised areas. The Biodiversity Values Map was examined and there are no Biodiversity Values as framed under the Part 7 of the Biodiversity Conservation Act 2016. It is not anticipated that the amendments to existing land use tables will adversely affect critical habitat or threatened species, populations or ecological communities, or their habitats.

The public infrastructure servicing the properties subject to this planning proposal is adequate and the planning proposal will not increase demand on public infrastructure.

Economic

The planning proposal implements the necessary changes to land use zones, building heights, lot sizes and land use tables to implement the direction for future development within commercial centres in accordance with the Strategy. The outcomes of the planning proposal will be revitalised commercial spaces, improved economic growth opportunities and a more robust, resilient economy through greater diversity and employment generating opportunities.

Risk

The planning proposal will help address risk to our existing economic and employment base, which is dependent on a small number of industry sectors, by providing increased opportunity for diversification of commercial activity.

There are no additional risks to Council of adopting changes to BVLEP 2013, as this is a regular organisational activity. 

Social / Cultural

The planning proposal will encourage employment generating opportunities and help create more vibrant and activated commercial centres that facilitate community connections, recreation and cultural activities.

Attachments

1.         Summary of submissions to exhibition of planning proposal

2.         Commercial Land Use Planning Proposal - Proposed LEP Amendment

 


Council

21 July 2021

Item 8.4 - Attachment 1

Summary of submissions to exhibition of planning proposal

 

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Council

21 July 2021

Item 8.4 - Attachment 2

Commercial Land Use Planning Proposal - Proposed LEP Amendment

 

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Council 21 July 2021

Item 8.5

 

8.5. 2008.340 Application to Modify Development Consent - Central Hotel Redevelopment 90-94 Gipps Street Bega       

 

Director Community Environment and Planning   

Applicant

Hoyland Construction P/L

Owner

Greater Property Purchases P/L

Site

Lot 148 DP 623646

90-94 Gipps Street, Bega

Zone

Zone B2 Local Centre Zone

Site area

3,335m2

Proposed development

Redevelopment of Central Hotel to include 2,625m2 of commercial floor space, 570m2 of office space and 76 under cover car spaces.

Modification sought

Removal of requirement to install handrail to a section of footpath adjoining Clark Lane.

 

Officer’s Recommendation

That Council:

1.    Refuse the application to modify Development Consent No 2008.340 to remove the requirement to install the handrail along that part of Clark Lane ((Attachment 1).

2.    Note that the grounds for refusal to remove of the requirement for a suitable safety barrier to adequately separate the pedestrian footpath and the vehicular carriageway are that it would not be in the public interest.

 

Executive Summary

Council is in receipt of an application to modify Development Consent No 2008.340, which was issued for the redevelopment of the Central Hotel located in Gipps Street, Bega. The application seeks the removal of the requirement to construct a handrail along part of Clark Lane, in accordance with the modified approved development plan dated 28 May 2020 (see Attachment 2)

In support of the request the applicant provided a letter from a Consulting Engineer, which outlined that a handrail was not required under the provisions of the Building Code of Australia and therefore the requirement is not justified.  However, as part of the redevelopment consent, the applicant is required to carry out work in Clark Lane including the construction of a footpath to provide safe pedestrian access. The requirement for the handrail is integral to providing pedestrian safety along this footpath.

The application to remove the requirement to install the handrail is not supported for pedestrian safety reasons and is recommended for refusal.

 

Background

Consent for DA 2008.340 was issued on 8 September 2009. It approved redevelopment of the Central Hotel, located at 90-94 Gipps Street Bega, for commercial purposes.

As part of the consent Clark Lane was to be upgraded, including provision of a footpath, and dedicated as a public road as outlined in the condition below:

47. Conditions to be satisfied prior to Engineering Construction Certificate

The following matters shall be completed prior to the endorsement of a Construction Certificate for any part of this development:

a)    i)     Prior to the release of the construction certificate for stage 2, dedication as Public Road of such land as is necessary to contain the constructed road in use, and known as Clark Lane over the frontages of the development and to a point 10 metres east of the development boundary. The dedication shall eliminate the step in the southern boundary of Clark Lane along the northern boundary of the subject land.

 

ii)    Prior to the release of the construction certificate for stage 2, the dedication as Public Road of splay corner 5 metres by 5 metres at south-western corner and that section of the north western corner required for delivery truck access into Clark Lane and including 1.2 metres for footpath purposes as identified on the approved development plan of the land currently occupied by the Salvation Army building

To meet the requirements of the condition, the adjacent building at 88 Gipps Street, Bega, was to be partially demolished to allow construction of the footpath.

During the construction, staff became aware that the footpath was not constructed in accordance with the condition (it was too narrow). Discussions were held with the developer and Council’s engineering staff, including the Director at the time, and it was decided that the non-compliant footpath could remain providing a pedestrian barrier was erected. The design drawings were amended to include the pedestrian barrier and were approved by Council on 19 September 2014.

An application to modify the consent was received on 22 November 2017 requesting that the requirement for the pedestrian barrier be replaced with the installation of bollards. It should be noted that the bollards had been installed at the time of lodgement of the application.

The application to modify DA 2008.340 was determined on 28 May 2020 as follows:

1.    Replace Condition No. 1 with the following:

 

        “1. Development shall take place in accordance with the Approved Development Plans, except those which are amended by the Modified Approved Plans dated 20 August 2013 and further modified on 28 May 2020, the application form and any supporting documentation received with the application, except as may be amended in red on the attached plans and by the following conditions.”

 

2.    The deletion of handrails is only supported in the location of the erected bollards. The remainder of Clark Lane shall have the handrail erected as per the approved Construction Plan.

The current application to modify the consent seeks to remove the requirement for the installation of the handrail, as identified on the approved plan (Attachment 2).

Details of request to modify DA 2008.340

In support of the application, the applicant provided a letter from a Consulting Engineer which stated the following:

I refer to the photos you sent showing the bollards and footpath adjacent the rear of you building in Bega, in the email trail below.

Handrails are required under D2.17 of the BCA for commercial buildings along the sides of ramps or stairs. The photos show a footpath that is neither a ramp nor a stair and therefore a handrail is not required to be installed under D2.17.

Balustrades are required to prevent a fall and are required under D2.16 of the BCA where the fall is greater than 1m.

The footpath gutter kerb is less than 1m and therefore a balustrade is not required.

Staff response

The requirement for the handrail is based on providing for pedestrian safety and does not relate to the requirements of the Building Code of Australia. The consent required the construction of a 1.2m wide footpath for safe pedestrian access along Clark Lane. Despite this requirement, the developer constructed to a lesser standard, which Council accepted subject to the provision of a pedestrian barrier.

The developer has previously sought to modify the consent, after constructing bollards rather than the approved pedestrian barrier. At that time, handrails between the bollards were stipulated.  The current modification seeks to remove the requirement for the handrails in accordance with the modified approved development plan dated 28 May 2020. With the reduced footpath width, a physical barrier is considered appropriate to separate pedestrians from approaching vehicles.

 

Options

Council has the option to:

1.    Refuse the application to modify the consent to remove pedestrian safety measures (Attachment 1). This is the recommended option.

2.    Approve the application to modify the consent to remove the requirement for handrails. This is not the recommended option as the handrails are required to improve pedestrian safety in the absence of a suitable footpath width.

 

Community and Stakeholder Engagement

Engagement undertaken

There was no community or stakeholder engagement undertaken as part of the assessment of the application to modify.

Council officers have requested that the applicant withdraw the application. The applicant has elected not to do so.

 

Engagement planned

There is no community or stakeholder engagement planned as part of the assessment of the application to modify.

The applicant will be advised of Council’s resolution on this matter.

 

Financial and Resource Considerations

The processing of the modification application has been undertaken as part of Council’s regular work program and within the adopted 2021-22 budget.

 

Legal /Policy

The application to modify has been assessed in accordance with the provisions of the Environmental Planning and Assessment Act 1979. Should Council support the staff recommendation for refusal, the applicant would have the right to appeal the decision in the NSW Land and Environment Court.

 

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The requirement for the installation of the handrail is consistent with the following goals of the Bega Valley Shire Community Strategic Plan 2040:

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

·    Goal 8: Our Places retain their character and scale, development is well planned and a range of goods and services are available with our Shire that meet local needs

·    Goal 10 We have a network of good quality roads, footpaths and cycleways connecting throughout the Shire and beyond

Environment and Climate Change

There are no material impact on the environment or climate change associated with the recommendation to refuse the application to modify DA 2008.340.

Economic

There are no material impact on the local economy associated with the recommendation to refuse the application to modify DA 2008.340.

Risk

The requirement for the handrail is to address risk to pedestrians providing a barrier between pedestrians and vehicles for pedestrian safety. 

Should Council resolve to support the application not to install the handrail, Council may be exposed to legal and financial risk should there be an incident between a vehicle and a pedestrian in this location.

Social / Cultural

The installation of the handrail would provide a safe pedestrian environment for users of this section of Clark Lane.

Attachments

1.         2008.340 - Notice of Determination of Section 4.55 - Modification Notice of Refusal

2.         2008.340 - Notice of Determination of Section 4.55 - Application to Modify Development Consent - May 2020

 


Council

21 July 2021

Item 8.5 - Attachment 1

2008.340 - Notice of Determination of Section 4.55 - Modification Notice of Refusal

 

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Council

21 July 2021

Item 8.5 - Attachment 2

2008.340 - Notice of Determination of Section 4.55 - Application to Modify Development Consent - May 2020

 

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Council

21 July 2021

 

 

Staff Reports – Community, Culture and Leisure

 

21 July 2021

  

9.1              Outcome of the public exhibition of the proposed amendments to grants, awards and scholarships programs...................................................................................... 146

9.2              Memorandum of Understanding with Atlas of Life in the Coastal Wilderness 158

9.3              Memorandum of Understanding with Mumbulla Foundation......................... 169

9.4              Office of Local Government Model Social Media Policy
Consultation Draft.............................................................................................
181


Council 21 July 2021

Item 9.1

 

9.1.  Outcome of the public exhibition of the proposed amendments to grants, awards and scholarships programs     

This report presents feedback from the public exhibition of proposed amendments to Council’s grants, awards and scholarships programs, and makes further recommendations for the consideration of Council.

Director Community Environment and Planning  

Officer’s Recommendation

That Council:

1.    Note the feedback received during the public exhibition of the proposed amendments to Council’s grants, awards and scholarship programs.

 

2.    Consolidate the existing Awards and Scholarships Committee, Bega Valley Medallion Committee and various grant determination processes into a Grants Committee comprised of Councillors and senior staff, and an Awards Committee comprised of Councillors and members of the community.

 

3.    Note Council’s support for the diverse range of community-led events across the Bega Valley Shire that are held on Australia Day, ANZAC Day and NAIDOC Week, within available resources.

 

4.    Undertake the following changes to Council’s grants, awards and scholarships programs, as identified in this report, which in summary are to:

a)    Amend the delivery of Council’s community grants and scholarships program in line with community feedback

b)   Provide administrative oversight of the community grants program delivered in partnership with the Mumbulla Foundation, under the Memorandum of Agreement with the Mumbulla Foundation, and this be reviewed in 12 months,

c)    Combine Council’s annual Local Awards and Bega Valley Medallion Awards (with retention of the Bega Valley Medallion Award name) and discontinue Council’s annual Sportsperson of the Year Award

d)   Hold one major annual ceremony to award the Bega Valley Citizen of the Year, Senior Citizen of the Year, Young Citizen of the Year and Medallion Awards, and conferral of citizenship on Australia Day

e)   Hold minor citizenship ceremonies on the date not adopted for the Shire’s main awards ceremony and on other dates throughout the year, subject to demand and the requirements of the Australian Department of Home Affairs.

 

Executive Summary

Council resolved on 10 March 2021 to publicly exhibit a range of proposed changes to the operation, delivery and governance of Council’s grants, awards and scholarships programs. Community feedback on the proposed changes was sought over a 60-day period, from 1 April 2021 to 4 June 2021.

Over the exhibition period 24 responses were received via Have Your Say webpage portal and by email. These indicate strong support for the community grants program and overall support for the proposed changes. Some comments point to how Bega Valley Shire Council (BVSC) can improve the capacity of community groups to apply for grants. Based on these responses, and community feedback previously reported to Council on 10 March 2021, recommendations on changes to Council grants, awards and scholarship programs are presented for the consideration of Council.

 

Background

Over the last year Council staff have reviewed the community grants, scholarships and awards program, taking into consideration feedback from previous applicants.  Opportunities have been identified to improve the operation, delivery, governance and recognition of these programs.

Grants

Council grants programs fund community organisations to run projects and programs that benefit our community. In Council’s adopted 2022 Operational and Delivery Plan, commitments have been made to fund Waste Assistance, Environment and Heritage grants, and a Community Grant Program.

In recent years, significant efficiencies and improvements have been made in the management of Council grants. These include the appointment of a Grants Administration Officer, the implementation of a grant management portal, BVSC Grants Rounds, and the establishment of a database of organisations with an interest in grant funding. Improvements have also been made to the way in which organisations and businesses are supported to find and apply for grants. These include the implementation of  Funding Finder, custom search tool which hand-picks grants and funding opportunities, and the regular delivery of training. Feedback on these improvements have been very encouraging and demonstrate a strengthened relationship between Council and community members working to benefit their communities.

Council’s MoU with the Mumbulla Foundation is currently before Council for consideration. For 20 years, this partnership has seen the impact of Council’s funding for community grants to go further; every dollar contributed by BVSC being exceeded by the Foundation.  In previous years, the Mumbulla Foundation has administered these grants, and Council has contributed to administrative costs.  This report recommends that, should Council resolve to continue with this partnership to deliver community grants, Council take on their administration. Council is in a strong position to ensure that the application and assessment processes are effective, efficient and meet due diligence standards. These changes will not substantially impact the partnership with the Mumbulla Foundation, or the assessment process, as these are set out in the MoU. It is recommended this arrangement be reviewed in 12 months.

Scholarships

Since 2001, Council has funded two scholarship; a Young Woman’s International Women’s Day scholarship and a Higher Education scholarship.  The Mumbulla Foundation also works closely with education providers to provide their own scholarship program for students in the Bega Valley Shire. Proposed changes aim for a better alignment between these scholarships to create a more comprehensive scholarship program in the Bega Valley Shire.

Awards

Council awards recognise outstanding service to the Bega Valley community.

The Bega Valley awards comprise the Bega Valley Citizen of the Year, Senior Citizen of the Year, Young Citizen of the Year, Sportsperson of the Year and Local Awards.  Nominations are sought from the community for worthy recipients, with the awardees determined by Council’s Awards and Scholarships Committee.  This committee is currently comprised of four Councillors and a senior member of staff.

Like the Bega Valley Shire Local Award, the Bega Valley Shire Community Medallion recognises outstanding volunteer service across the community.  The Medallion awards have been previously been determined by the Bega Valley Medallion Committee, which is comprised of the Mayor and five community representatives.

The changes proposed aim to elevate the significance of citizenship within the current ceremony, consolidate Council’s community awards, and streamline governance arrangements.  It is recommended to discontinue of the Sportsperson Award, as outstanding sportspeople may be recognised in other award categories.

Proposed Changes:

Community feedback was sought on the following proposed changes:

Grants

-      to align multiple grant streams into one multi-streamed program with one clear opening and closing date to create a regular 12‑month cycle of administrative activities

-      standardise the governance framework, with determinations made by a new s355 Grants Committee of Council on recommendations by staff subject matter expert panels to develop a consistent best practice approach across all grant programs

-      allow applications for multi-year funding

-      annually review grant funding priorities and guidelines

-      develop and apply a consistent template for post-grant evaluation

-      provide a non-competitive allocation for regular significant community activities supported by BVSC, such as NAIDOC week, ANZAC Day and Australia Day

-      Have Council administer the Mumbulla grants, on behalf of Mumbulla Foundation and BVSC, as part of the proposed integrated grants program.

Scholarships

-      transfer the current scholarships program and budget to the management of the Mumbulla Foundation.

Awards

-      Combine Council’s annual Local Awards and Bega Valley Medallion Awards (with retention of the Bega Valley Medallion Award name) and discontinue Council’s annual Sportsperson of the Year Award

-      Consolidate the existing Awards and Scholarships Committee, Bega Valley Medallion Committee and various grant determination processes into a Grants Committee comprised of Councillors and senior staff, and an Awards Committee comprised of Councillors and members of the community

-      Hold one major annual civic ceremony to award the Bega Valley Citizen of the Year, Senior Citizen of the Year, Young Citizen of the Year and Medallion Awards, and conferral of citizenship on Australia Day

-      Hold minor citizenship ceremonies on the date not adopted for the shire’s main awards ceremony and on other dates throughout the year, subject to demand and the requirements of the Australian Government Department of Home Affairs.

 

Options

Options available to Council are to:

1.    Adopt the recommendation on proposed changes to BVSC’s grants, awards and scholarships programs. This is the recommended option.

2.    Continue to deliver grants, awards and scholarships in the current manner. This is not recommended as improvement opportunities have been identified.

3.    Amend the recommendation. Councillors would need to identify these amendments.

 

Community and Stakeholder Engagement

Engagement undertaken

Previous consultation

Prior to the public exhibition of the proposed changes to grants, scholarships and awards feedback was sought from BVSC staff involved in the delivery of these programs and a survey was conducted of previous grant and scholarship recipients, with a 23% return rate.  Key findings of this consultation were reported to the Ordinary Council meeting of 10 March 2021.

A Councillor workshop was held on 3 February 2021 to discuss the proposed recommendations presented in this report.

Public Exhibition

In line with Council’s adopted Community Engagement Strategy, the level of engagement deemed appropriate for this public exhibition was consultation. The proposed changes have a moderate impact and scale, and some complexity due to the range of potential stakeholders. Previous consultation undertaken with stakeholders was considered in the engagement plan.

Proposed changes to the grants, scholarships and awards programs were exhibited via Council’s Have Your Say webpage (HYS) from 1 April 2021 to 4 June 2021 with FAQs to explain the potential impact of the changes.  A media release was issued on 1 April 2021 and reminders posted on Council’s Facebook site and in Council News during the exhibition period.

Individual emails to stakeholders were sent to invite them to submit their feedback via HYS. This included members of the Medallion Committee, Clubs (Bermagui Country Club, Eden Fisherman’s Club, Club Bega, Club Sapphire and Merimbula RSL), previous BVSC grant recipients (including Community Contributions Grants), RSLs, education providers, Australia Day stakeholders and Local Aboriginal Lands Councils.

Seventy-nine attendees of Council delivered grant workshops were also made aware of the proposed changes and invited to submit their feedback via the HYS portal.

Community feedback was sought following questions:

·    Should Council provide a community grants program? Yes/no

·    Do you agree with the proposed changes to the grants process? Yes/No/In part, Why or why not?

·    Do you agree with the proposed changes to the scholarships process? Yes/No/In part, Why or why not?

·    Do you agree with the proposed changes to the Awards process, including combining the local Citizen of the Year Awards and Bega Valley Medallion Awards (with retention of the Bega Valley Medallion Award name) and discontinuing the annual Sportsperson of the Year Award? Yes/No/In part, Why or why not?

·    Do you agree that there should be one major annual civic ceremony to award the Bega Valley Citizen of the Year, Senior Citizen of the Year, Young Citizen of the Year and Medallion Awards, and conferral of citizenship? Yes/No/In part, Why or why not?

Feedback received

In total twenty-four responses were received during the public exhibition period. Feedback on the proposed changes to the grants program was very positive. All 14 responses received via the HYS portal agreed that Council should provide a community grants program, and all responders indicated their support for the proposed changes in full or in part. This support was reiterated by a further five email responses.  Three responses were received on Scholarships and two on Awards.

A summary of the HYS feedback is provided with staff responses in Attachment 1.

Feedback from the 355 Bega Valley Medallion Committee

Proposed changes to the Medallion Awards were presented to the Medallion Committee at its meeting on 6 November 2020. The minutes note that the Committee discussed the proposal of the amalgamation of Bega Valley Medallion Committee with the existing Awards and Scholarships Committee, the disbanding of the current Medallion Committee, and the proposal to link the awards to annual calendar celebrations that align with the type of recognition for the award being presented. The minutes record the agreed Committee outcomes:

 

·    BVMC happy to join with existing Awards and Scholarships Committee with current members being invited to participate in the combined committee.

·    Very strong feelings that the amalgamated committee must have wide representation for all communities in the valley. Noted that this is the benefit of the current Medallion Awards committee structure. Happy for this to be put forward for discussion with Awards and Scholarships Committee

 

Committee members were directed to the HYS webpage to make comment. One email response was received and is included in Attachment 1.

Engagement planned

Further engagement with the Mumbulla Foundation, the Bega Valley Medallion Committee, delegated Councillors and relevant staff to progress any adopted changes.

Engagement planned

Financial and Resource Considerations

The proposal does not seek to change the current contribution to community grants, awards and scholarships.  Savings made by reducing an administration fee to the Mumbulla Foundation ($5,000) will be used to offset Council costs associated with grants administration.  Efficiencies to these programs are likely to reduce staff workloads.

Funds to support grants, scholarships and awards were recently resolved by Council as part of its adoption of the 2021-2022 Budget, and will be reviewed annually as part of the annual budgeting process.

Resources to conduct this review were minimal and included in the adopted 2020-2021 Budget.

Legal /Policy

Provision of grants, scholarships and awards are discretionary activities for BVSC. 

A pledge of commitment is a mandatory part of citizenship conferral in Australia, and the vast majority of these conferrals are conducted by local government.  Should a local government wish to hold citizenship ceremonies, it is required to hold them on both Australia Day and Citizenship Day. Welcoming new citizens to the Bega Valley is an important responsibility and celebration for BVSC.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Grants, scholarships and awards seek to support the community of the Bega Valley and contribute to all six outcomes of the Bega Valley Community Strategic Plan:

1. Active and healthy communities

2. Employment and learning opportunities

3. Sustainable living

4. Liveable places

5. Connected communities

6. Strong, consultative leadership

Environment and Climate Change

There are no material environment and climate change impacts associated with the recommendation.

Grant programs provided by BVSC contribute directly to improved environmental outcomes for Bega Valley Shire. Environmental impacts are considered as part of award event planning. 

Economic

There are no material economic impacts associated with the proposal.

BVSC’s contribution to grants, scholarships and awards directly contributes to local economic activity.

Risk

The delivery of grants, awards and scholarships are regular activities of BVSC. The recommendation does not materially change those risks.

Social / Cultural

These programs contribute to the social fabric of the Shire, add value to community effort, and recognise community service.

Attachments

1.         Summary of feedback - proposed changes to grants, awards and scholarships programs

 


Council

21 July 2021

Item 9.1 - Attachment 1

Summary of feedback - proposed changes to grants, awards and scholarships programs

 

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Council 21 July 2021

Item 9.2

 

9.2.  Memorandum of Understanding with Atlas of Life in the Coastal Wilderness     

This report seeks Council approval to enter into a Memorandum of Understanding with Atlas of Life in the Coastal Wilderness Inc. to work collaboratively to support citizen science across the Shire.

Director Community Environment and Planning  

Officer’s Recommendation

That Council delegate to the Chief Executive Officer authority to enter into a Memorandum of Understanding with Atlas of Life in the Coastal Wilderness Inc. (Attachment 1) to work collaboratively to support citizen science in Bega Valley Shire.

 

Executive Summary

The proposed Memorandum of Understanding (MoU) provides a framework for the ongoing cooperation between Bega Valley Shire Council (BVSC) and Atlas of Life in the Coastal Wilderness Inc. (ALCW) to pursue citizen science projects of mutual interest. The partnership will achieve at least four jointly managed citizen science projects per annum. This partnership is expected to lead to increased interest and involvement from the local community in learning about our natural environment.

Background

BVSC has had an informal arrangement with ALCW to support citizen science projects, such as the annual Bega Bioblitz, over a number of years.  The proposed MoU seeks to formalise that relationship by clearly communicating BVSC’s commitment to the partnership and the benefits it brings to assisting local residents and visitors to explore the unique natural environment of Bega Valley Shire.

Options

Options available to Council are to:1.        Delegate to the Chief Executive Officer authority to enter the MoU provided in Attachment 1. This is the recommended option.

2.    Delegate to the Chief Executive Officer authority to enter a MoU that varies from that described in Attachment 1. Council would need to provide proposed alternative wording and further discussions with ALCW Inc would be required.

3.    Not enter into a formal MoU arrangement with ALCW.

Community and Stakeholder Engagement

Engagement undertaken

The proposed MoU has been developed in close consultation with ALCW and staff from BVSC’s Community Development and Engagement; and Environment and Sustainability teams.

Engagement planned

Should Council resolve to support the MoU, BVSC staff will engage with ALCW to formally enter into the MoU.

Broader community engagement to deliver citizen science projects will be undertaken over the term of the MoU.

Financial and Resource Considerations

The current BVSC commitment for the administration of the program is $5,000 per annum, subject to BVSC’s annual budget program.  This contribution has been included in the adopted 2021-2022 Budget. 

Additional contributions to specific citizen science projects are part of the regular environmental programs delivered by BVSC, which are included in the 2021-2022 Operational Plan and Budget.

Item

$ Excl GST

Expenditure Detail

 

Contribution to citizen science projects

$5,000

Total Expenditure

$5,000

Source of Funds

 

Environment Levy

$5,000

Total income available

$5,000

Project Funding Shortfall

$0

 

Legal /Policy

There are no direct legal implications associated with this proposal.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposal aligns with the following goals in BVSC’s Community Strategic Plan 2040:

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

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

Goal 5:                  Our air and water is pristine and our natural environment and rural landscapes are protected.

Environment and Climate Change

The proposed MoU provides an opportunity for local residents and visitors to increase their understanding of the natural environment.  It also collects information about biodiversity across the Shire that can be used to inform the decisions of private and public landowners.

Economic

There are no material economic implications associated with the proposal.

Risk

Delivery of environmental programs, including volunteer involvement in citizen science, is a regular activity of BVSC and does not introduce any additional organisational risks.  Risk assessment and project planning are standard tools used to mitigate risks associated with volunteer involvement in BVSC activities.

Entering into an MoU with a not-for-profit group such as ALCW is also an activity that BVSC periodically undertakes and does not introduce additional organisational risk.

Social / Cultural

The proposal enhances BVSC’s capacity to engage with local residents and volunteers and involve them in environmental programs. This encourages people to connect with nature and each other, which may lead to enhanced wellbeing.

Attachments

1.         Proposed Memorandum of Understanding with Atlas of Life in the Coastal Wilderness Inc.

 


Council

21 July 2021

Item 9.2 - Attachment 1

Proposed Memorandum of Understanding with Atlas of Life in the Coastal Wilderness Inc.

 

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Council 21 July 2021

Item 9.3

 

9.3Memorandum of Understanding with Mumbulla Foundation     

This report seeks Council approval to enter into a Memorandum of Understanding with Mumbulla Foundation to support community based activities across the Shire.

Director Community Environment and Planning  

Officer’s Recommendation

That Council delegate to the Chief Executive Officer authority to enter into a Memorandum of Understanding (MOU) with Mumbulla Foundation (Attachment 1) to support community based activities across the Shire.

 

Executive Summary

The Memorandum of Understanding (MoU) provides a framework for the ongoing cooperation between Bega Valley Shire Council (BVSC) and Mumbulla Foundation. 

The MoU enables BVSC to support a range of community activities which promote wellbeing across the Shire. Matching contributions from the Mumbulla Foundation support program efficiencies which could not be achieved by BVSC alone.

The revised MoU is presented to Council for endorsement.

Background

The Mumbulla Foundation was launched in November 2000 with the motto Give where you Live. It was the first truly regional philanthropic Foundation in Australia. In 2001 the Foundation and Council entered into a Memorandum of Understanding (MOU) to support the establishment of a community grants program (CGP). The MOU was regarded as a benchmark by other emerging foundations. Over the years it has allowed the Foundation to leverage funding from a range of other sources and continue to grow their philanthropic work in the Shire.

In its 20 years of operation, the small grants program has distributed over $1 million in grant funding to over 200 organisations in the Bega Valley Shire. Projects funded directly address a range of issues identified in Bega Valley Shire Council (BVSC)’s strategic documents. These include valuable services for older people, people with a disability, young people, families and children, and people in need. Grants have also fostered arts and cultural activities, promoted education and life-long learning and supported groups concerned with heritage and the environment.

The current MOU was endorsed by Council in June 2017. In consultation with the Foundation, the MOU has been reviewed to ensure levels of accountability are maintained and both parties are satisfied with the direction and focus of the partnership, particularly as it relates to issues identified in BVSC’s strategic documents.

As identified in the recent review of BVSC’s grants, awards and scholarships program, it is proposed that BVSC administer community grants on behalf of Mumbulla Foundation (which is currently undertaken by Mumbulla Foundation) and Mumbulla Foundation deliver scholarships on behalf of BVSC. These changes have been incorporated into the revised MoU.

Options

Options available to Council are to:·  Delegate to the Chief Executive Officer authority to enter the MoU provided in Attachment 1. This is the recommended option.

·    Delegate to the Chief Executive Officer authority to enter a MoU that varies from that described in Attachment 1. Council would need to provide proposed alternative wording and further discussions with Mumbulla Foundation would be required.

·    Not enter into a formal MoU arrangement with Mumbulla Foundation.

Community and Stakeholder Engagement

Engagement undertaken

The development of the proposed MoU has been undertaken in close consultation with the Mumbulla Foundation and staff in BVSC’s Community Connections team.

BVSC sought feedback from the community on the proposal to adjust the way it delivers grants, awards and scholarships (see the separate report in this business paper on the outcome of that exhibition), which included BVSC administering a joint grants program with Mumbulla Foundation, and Mumbulla Foundation administering scholarships on behalf of BVSC.  Three submissions were received on proposed changes to scholarships, which were all supportive of Mumbulla Foundation delivering scholarships.  Fourteen submissions were received in relation to changes to the grants program, which were generally supportive.

Engagement planned

Should Council resolve to support the MoU, BVSC staff will engage with Mumbulla Foundation to formally enter into the MoU.

Broader community engagement to deliver the joint grants and scholarships programs will be undertaken over the term of the MoU.

Financial and Resource Considerations

BVSC’s annual financial contribution in the last MOU was $30,000 with $25,000 for the CGP and $5,000 for administrative costs. In 2016 Council bolstered its contribution to the CGP by $10,000 from the Southern Phones annual dividend. The revised MOU proposes to amend this contribution to $32,500, made up of a Scholarships Program ($7,500) and a CGP ($25,000).   BVSC will not offer a separate scholarships program. 

Under the MOU the Foundation will match BVSC’s contribution from other sources. In recent years, the Foundation’s contribution has exceeded BVSC funding. 

Item

$ Excl GST

Expenditure Detail

 

BVSC contribution to Mumbulla grants

$32,500

Total Expenditure

$32,500

Source of Funds

 

General Fund

$32,500

Total income available

$32,500

Project Funding Shortfall

$0

 

Legal /Policy

There are no direct legal or policy implications associated with this proposal.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposal aligns with the following goals in BVSC’s Community Strategic Plan 2040:

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

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

Environment and Climate Change

There are no material environment and climate change implications associated with the proposal.

Economic

There are no material economic implications associated with the proposal.

Risk

Delivery of grant programs is a regular activity of BVSC and does not introduce any additional organisational risks. 

Entering into an MoU with a not-for-profit group such as the Mumbulla Foundation is also an activity that BVSC periodically undertakes and does not introduce additional organisational risk.

Social / Cultural

The MoU is a positive way to foster and recognise the contribution of the Mumbulla Foundation and its donors and to promote and support community organisations across the Shire. The partnership provides a much needed boost to local groups who are working directly on projects which benefit local communities throughout the Shire. The grants encourage community participation and build the capacity of local groups. Each funded project supports positive outcomes for both the providers (most of whom are community volunteers) and the project recipients.

Attachments

1.         Proposed Memorandum of Understanding with Mumbulla Foundation

 


Council

21 July 2021

Item 9.3 - Attachment 1

Proposed Memorandum of Understanding with Mumbulla Foundation

 

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Council 21 July 2021

Item 9.4

 

9.4Office of Local Government Model Social Media Policy
Consultation Draft
     

The Office of Local Government has released a model social media policy for consultation and feedback.

Director Community Environment and Planning  

Officer’s Recommendation

That Council provide a submission (Attachment 1) to the Office of Local Government on the consultation draft of the Model Social Media Policy

 

Executive Summary

The Office of Local Government (OLG) is seeking feedback on the consultation draft of a Model Social Media Policy issued on 28 May, prior to finalising the policy.

This report recommends that Bega Valley Shire Council make a formal submission to OLG on the consultation draft.

Background

Social media has become an important tool in government and political discourse at the local level.

OLG issued a consultation draft of a Model Social Media Policy on 28 May 2021. The model policy has been developed using a ‘best of breed’ approach to existing council policies and reflects what OLG sees as best practice in the sector.

The model policy will not be mandatory, and councils will be free to choose whether to use or adapt it for their own purposes. If adopted, the policy will operate to supplement the provisions of councils’ adopted codes of conduct.

OLG is seeking feedback on the consultation draft prior to finalising it.

While the overall intent and direction of the draft policy is supported by Council officers and should be commended, a number of areas have been identified where clarification is needed or the policy would benefit from additional guidance.

Options

The options available to Council are to:

1.    Adopt Attachment 1 as Council’s submission on the consultation draft. This is the recommended option.

2.    Not make a submission. This would mean that Council would be unlikely to adopt the model social media policy as it is unclear in parts and does not fully meet our requirements.

3.    Amend the proposed submission. Councillors would need to advise staff of proposed amendments.

Community and Stakeholder Engagement

Engagement undertaken

Council staff have reviewed the model policy in the context of Council’s existing communication policy and social media procedure.

Engagement planned

Should Council resolve to make a submission, Council staff will send it to OLG and facilitate further discussions with OLG if required.

Financial and Resource Considerations

There is no cost to Council, other than staff time, to draft the submission and report the matter to Council. There would be no cost to Council should the model policy be adopted in the future.

Legal /Policy

Council has an overarching communication policy and supporting social media procedure in place.

The Model Social Media Policy drafted by OLG provides councils, county councils and joint organisations with a robust framework for the administration and management of their social media platforms. It also sets standards of conduct for all council officials who use social media in their official capacity. It has been developed to be fit-for-purpose in a digital age where innovation and emerging trends are the norm.

While not mandatory, the Model Social Media Policy reflects best practice and all councils, county councils and joint organisations are encouraged to adopt it. Pending the final model policy, it is expected that it will provide a sound policy base and framework for Council’s social media engagement.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposed submission is aligned with the Bega Valley Community Strategic Plan 2040, Outcome 6: Strong, Consultative Leadership, Goal 11: We are an informed and engaged community with a transparent, consultative and responsive Council.

Environment and Climate Change

There are no material environmental or climate change outcomes or impacts of this submission.

Economic

There are no material economic outcomes or impacts of this submission.

Risk

The Model Social Media Policy will help manage risk by providing a robust framework for the administration and management of Council’s social media platforms. It also sets standards of conduct for all council officials who use social media in their official capacity.

While not mandatory, the Model Social Media Policy aims to reflect best practice and can be modified to suite Council’s particular requirements.

Social / Cultural

Social media is an important channel to communicate with the community in a timely and accessible way.

Attachments

1.         Submission to OLG on Model Social Media Policy

 


Council

21 July 2021

Item 9.4 - Attachment 1

Submission to OLG on Model Social Media Policy

 

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Council

21 July 2021

 

 

Staff Reports – Economic Develoment and Business Growth

 

21 July 2021

  

10.1            Investment Prospectus...................................................................................... 188

10.2            Proposal to become a member of the Bega Valley Circularity Co-operative... 252


Council 21 July 2021

Item 10.1

 

10.1. Investment Prospectus     

This report recommends that Council resolve to endorse the Investment Prospectus.

Director Community Environment and Planning  

Officer’s Recommendation

That Council resolve to endorse the Investment Prospectus (Attachment 1).

 

Executive Summary

The Investment Prospectus outlines the key investment priorities for Bega Valley Shire Council (BVSC) over the next three to five years. The Investment Prospectus provides a clear vision for BVSC’s priorities and forms a key document to advocate for investment in the Bega Valley from the Federal and NSW governments. The Investment Prospectus also provides the community with information about BVSC’s priorities.

 

Background

Work commenced on the Investment Prospectus in February 2020, with a Councillor workshop endorsing the project list in November 2020. On 2 June 2021, a Councillor workshop presented a final draft of the Investment Prospectus, seeking input from Councillors.

This report is the final stage in authorisation to publish the report for its use in stakeholder engagement with other governments, stakeholder and for public consumption including through Council’s website. From time to time, the document will be revised as projects are funded or priorities evolve.

It is worth noting that some of the projects included in the draft prospectus have already commenced since drafting including the Regional Gallery Upgrade which has been included in budgets, the Youth Speak Program which has received funding and Kameruka Lane which is a component of the Roads Resilience Package. The Prospectus will not be updated to remove a project each time an included project is funded.

Although the prospectus lists a number of the key priorities of Council to advocate for and seek external funding for, it is important to recognise the prospectus does not contain all of the priorities of Council. Council will still seek funding and apply for grants where there is a clear strategic alignment between a particular program and the objectives of Council provided there is no material ongoing negative financial impacts.

Options

Options available to Council are to:

1.    Endorse the Investment Prospectus.

2.    Make alterations to the Investment Prospectus.  Councillors would need to identify proposed changes. 

3.    Not endorse the Investment Prospectus.

 

Community and Stakeholder Engagement

Engagement undertaken

BVSC has developed the project list over a year-long process and included major projects that the community is familiar with. A Councillor workshop was held in November 2020 to endorse the project list and in June 2021 to provide feedback on the final draft.

Engagement planned

Should Council resolve to endorse the Investment Prospectus, the document will be published on Council’s website, communicated with stakeholders, provided with relevant grant applications and used a tool for advocacy with Federal and NSW governments.

Financial and Resource Considerations

Development of the Investment Prospectus was undertaken by staff, with a budget of $3,900. Funding was provided in the adopted 2020-2021 Budget.

Legal /Policy

There are no direct legal and policy implications of the recommendation.  The Investment Prospectus is aligned with BVSC’s policy objectives.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Projects within the Investment Prospectus are consistent with BVSC’s adopted strategies, including the Community Strategic Plan, Waste Strategy, Climate Resilience Strategy and Local Strategic Planning Statement.

Environment and Climate Change

The Investment Prospectus aligns with BVSC’s adopted strategies relating to the environment and climate change.

Economic

The Investment Prospectus is a key tool in advocating for investment from Federal and NSW governments to increase economic outcomes for the Shire.

Risk

Endorsement of the Investment Prospectus does not introduce any new risk for BVSC.

Social / Cultural

The Investment Prospectus includes infrastructure projects that support social and cultural priorities for the Shire.

Attachments

1.         Investment Prospectus July 2021

 


Council

21 July 2021

Item 10.1 - Attachment 1

Investment Prospectus July 2021

 

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Council 21 July 2021

Item 10.2

 

10.2. Proposal to become a member of the Bega Valley Circularity Co-operative     

This report recommends that Council become a foundation member of the Bega Circular Valley Cooperative, to support its commitment to expanding circular economy activity in Bega Valley Shire.

Director Community Environment and Planning  

Officer’s Recommendation

That Council:

1.    Note its previous commitment to directly support the Bega Circular Valley initiative, including in-principle support to become a member of the Bega Valley Circularity Co‑operative Ltd.

2.    Resolve to become a foundation member of the Circularity Co-operative Ltd.

3.    Delegate to the Chief Executive Officer responsibility for Council’s involvement in the Circularity Co-operative Ltd.

 

Executive Summary

The aim of the Bega Circular Valley (BCV) Initiative is to increase economic activity within the Bega Valley and reduce environmental and social impacts of unsustainable resource use.  The governance mechanism that has been developed to support delivery of circularity initiatives in the local area is the Circularity Co-operative Ltd. 

Council now has an opportunity to determine whether it wishes to participate in the BCV Initiative as a member of the Co-operative.

Background

Following the Bega Valley Roundtable, convened by the Global Foundation in August 2020, the Executive Chair of Bega Cheese launched the concept of a circular economy initiative for the Bega Valley. The BCV concept development commenced in September 2020, with support from Rabobank and KPMG, both of whom provide professional services to Bega Cheese.  Council, Local Land Services, the Department of Regional NSW and the Global Foundation have also been involved in development of the BCV Initiative since its inception.

This work has led to the development of a high level strategy for the BCV Initiative, which includes a vision for a circular local region, objectives of the BCV, priority projects to work towards circularity, and a proposed cooperative governance structure to coordinate effort.

At its meeting of 21 April 2021, Council resolved to:

1.    Note the work undertaken to date by stakeholders across the Shire, and led by Bega Cheese, to develop the Bega Circular Valley Initiative (as summarised in Attachment 1).

2     Directly support the Bega Circular Valley initiative, including in-principle support to become a member of the circularity cooperative. 

3     Receive a further report from staff outlining options for Council to be involved in implementation of the Bega Circular Valley initiative, including roles, responsibilities and resource implications.

The Rules of the Co-operative have now been drafted (Attachment 1) and Council has the opportunity to consider becoming a member, as indicated in principle in its 21 April 2021 resolution.

The Co-operative’s Rules provide for a non-distributive structure, made up of paying members and governed by a Board. The Board is comprised of two directors, elected from the cohort of foundation members, two directors, elected from the cohort of members, and two independent directors. The purpose (‘primary activities’) of the Co-operative is to:

a)            formulate, promote and implement programs and initiatives relating to Circular Economies in the Bega Valley Shire and other geographic regions approved by the Board from time to time;

b)            collaborate with governments, universities and other bodies or individuals in relation to the formulation, promotion and implementation of programs and initiatives relating to Circular Economies; and

c)            establish the co-operative as a thought leader and information resource in connection with the principles of Circular Economies and the implementation of programs and initiatives to establish and promote Circular Economies.

 

The requirements of membership are to:

(a)           contribute to or utilise the services of the co-operative associated with its primary activities; and

(b)          pay any entry fee or periodic membership fee determined by the board from time to time and published on the website of the co-operative, is to actively participate in the Co-operative.

 

There are two types of membership: a member or a foundation member, with two directors elected from each of these membership cohorts and a higher financial contribution for foundation membership.  Foundation membership is aimed at organisations such as Bega Cheese, Rabobank and Research and Development Corporations and Government agencies (including Council).  The member type aims to facilitate individual community member involvement. 

 

A co-operative must have a minimum of five members to be registered with NSW Fair Trading. 

 

Options

Options available to Council are to:

1.    Become a foundation member of the Co-operative, with voting rights delegated to the Chief Executive Officer (CEO) or their delegate. This is the recommended option.

2.    Become a member of the Co-operative, with voting rights delegated to the CEO or their delegate.

3.    Participate in the BCV Initiative without becoming a Co-operative member or foundation member. Council considered this approach at its 21 April meeting (Options 3 and 4) and resolved not to progress this way.

4.    Not participate in the BCV Initiative. This do-nothing option was also considered by Council at its 21 April meeting (Option 1) and dismissed.

 

Community and Stakeholder Engagement

Engagement undertaken

BVSC has had considerable engagement with members of the steering committee for the BCV Initiative and has been involved in a number of stakeholder conversations (such as with Local Aboriginal Land Councils, Destination NSW, University of Wollongong, Charles Sturt University, CSIRO, NSW Circular and the NSW Department of Planning, Industry and Environment).

A Councillor briefing was held on 3 March 2021, with Bega Cheese’s Executive Chairman providing background on the BCV Initiative. 

General advice on co-operatives was sought from an academic in the University of Newcastle’s Law School, with expertise in co-operative law.  This advice indicated that a co-operative is a corporate vehicle, typically utilised for generation of member benefit, that is overseen by NSW Fair Trading.  Co-operative members have an equal say in the governance of the co-operative (one member – one vote) and the model’s resilience is dependent on a reciprocal relationship between the individual member and the co-operative. 

Specific legal advice was sought on the risks to Council of becoming a member of the Co‑operative, which is discussed in the legal and policy section of this report.

Engagement planned

Should Council resolve to join the Co-operative, Council will be represented in the activities of the Co-operative and the BCV more generally.

 

Financial and Resource Considerations

The cost to join the Co-operative as a foundation members is expected to be $10,000, with a further $2,000 in annual membership fees in subsequent years.  The quantum of the annual membership fee will be set by the Co-operative’s Board.  Costs to participate in the BCV have been incorporated in the adopted 2021-2022 Operational Plan and Budget.  Council is not bound to contribute ongoing fees and may withdraw its membership of the Co-operative at any time.

Item

$ (exc GST)

Expenditure Detail

 

Foundation membership

$10,000

Total Expenditure

$10,000

General fund

 $10,000

Source of Funds

$10,000

Project Funding Shortfall

=$0

 

Legal /Policy

The NSW Government has an adopted Circular Economy Policy , which supports transition to a circular economy in NSW. The policy provides the following definition:

A circular economy values resources by keeping products and materials in use for as long as possible.  Maximising the use and value of resources brings major economic, social and environmental benefits. It contributes to innovation, growth and job creation, while reducing our impact on the environment.

Bega Cheese’s legal team has drafted the Co-operative Rules and BVSC officers have sought independent legal advice on implications for Council of joining the Co-operative. 

This advice found that there were no legal impediments to Council of joining the Co-operative, as either a foundation member or member. It does, however, create a significant non‑pecuniary interest, which should be declared to either Council or the Co-operative, depending on the specifics of the decision being taken. Council’s financial liability is limited to its annual membership fee.  Co-operative law does allow for co-operatives to compel their members to enter contracts and lend it money (where 75% of members agree).  These risks may be mitigated by withdrawing Council’s membership of the Co-operative.

Being an active member is a requirement of the Co-operative. Council’s representative in the Co-operative will need to ensure that Council’s involvement in the Co-operative is not in conflict with Council’s policies and procedures nor local government requirements and regulations.  This risk can be mitigated by appointing a senior member of staff as Council’s representative in the Co-operative.

 

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Circular economy principles are central to BVSC’s adopted strategies, including the Community Strategic Plan, Waste Strategy, Climate Resilience Strategy and Local Strategic Planning Statement.

Environment and Climate Change

By definition, a circular economy seeks to reduce the environmental impacts of human consumption.  It contributes directly to reducing the loss of biodiversity, reducing greenhouse gas emissions and reducing waste.

Economic

NSW Circular’s first report identifies the potential for around 50,000 jobs to be created in NSW from circular economy initiatives, which could translate to around 200 jobs in Bega Valley Shire.  The focus of this economic productivity is on diverting waste, such as plastics, textiles and organics, from landfill for higher value uses.  A 5% increase in materials efficiency is estimated to add $10 billion to NSW gross domestic product, while circular economy initiatives in food, transport and the built environment have the potential to contribute around $87.5 billion to NSW gross domestic product.

The likely economic impacts for the Bega Valley will not be known until more detailed feasibility analyses are completed.

Risk

The proposed circularity cooperative presents an entirely new way of working in the Bega Valley Shire. The model envisages collaboration among key stakeholders through a formal governance framework.  There are legal, financial and reputational risks for BVSC in this model, which require careful analysis and management.  The opportunity presented by the Initiative, however, is significant for BVSC and for the Bega Valley community. 

BVSC officers have conducted a risk assessment of Council’s involvement in the BCV Initiative, which was informed by the independent legal review of the Co-operative’s Rules. This assessment indicates that legal, reputational, financial, safety and environmental risks are low when appropriate risk management measures are in place.  These measures include:

·    seeking independent legal advice about risks to Council of participating in the Co‑operative,

·    participating as a foundation member to increase Council’s influence,

·    conducting appropriate due diligence around specific activities of the Co-operative with respect to potential conflicts of interest with Council activities, and

·    identifying activities to support circular economy initiatives in Council’s Operational Plan to ensure active membership test can be met within available resources.

Social / Cultural

A key tenet of the BCV Initiative is to respect and enhance the culture of the Shire, including recognition of its significant Indigenous values, connection to nature and diverse local communities.

The Initiative has the potential to accelerate delivery of social and cultural activities across the Shire, through identification of gaps to be supported through specific projects and efficiencies to be gained through closer collaboration among key stakeholders.

Attachments

1.         Rules of the Circularity Cooperative Ltd

 


Council

21 July 2021

Item 10.2 - Attachment 1

Rules of the Circularity Cooperative Ltd

 

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Council

21 July 2021

 

 

Staff Reports – Infrastructure Waste And Water

 

21 July 2021

  

11.1            RFT 2021-95 Merimbula Airport Runway Early Earthworks............................. 286

11.2            Zingel Place Administration Building Upgrade - Project & Costings................. 294

11.3            Pambula River Pambula Lake Yowaka River Flood Study Final Findings.......... 300

11.4            Proposed New Road Name - Bowlers Drive, Merimbula.................................. 310

11.5            Divestment of Lot 281 DP 1158995 at 137 Murrah Street, Bermagui.............. 314

11.6            Brogo Water Treatment Plant powerline relocation........................................ 318


Council 21 July 2021

Item 11.1

 

11.1. RFT 2021-95 Merimbula Airport Runway Early Earthworks     

This report details the outcome of evaluation of Tender RFT 2021-95 Merimbula Airport Runway Early Works.

Director Assets and Operations  

Officer’s Recommendation

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

2.      That Council accept the tender from (insert) in relation to contract for the works described in Tender RFT 2021-95 Merimbula Airport Runway Early Earthworks, in the amount of $(insert) (including GST), subject to variations, provisional sums and prime cost items.

3.      That authority be delegated to the Chief Executive Officer to execute all necessary documentation.

4.      That all tenderers be advised of Council’s decision.

 

Executive Summary

This report details the outcome of the evaluation of Tender RFT 2021-95 Merimbula Airport Runway Early Earthworks and recommends that Council award the contract to the preferred tenderer.

The Runway Early Earthworks comprise Package 1 - Southern end runway extension embankment of the Infrastructure Upgrades at Merimbula Airport and these works create the southern runway extension platform within the Merimbula Lake.

Background

Council has a formally adopted Master Plan that includes the extension of the Merimbula Airport runway.

The scope of the runway extension project is to extend the existing runway length so that it is fully compliant for maximum take-off weight for ATR 72 and Q400 Aircraft.

The runway extension project scope is the design and construction of a 120 metre long runway “starter extension” at each end of the existing runway pavement (northern and southern ends of the existing runway) and retains the existing point of take-off and landing.

Council considered the Merimbula Airport – Infrastructure Upgrades Progress Report at its meeting on 25 November 2020 and resolved on the program and packaging for these upgrades.

The runway extension project received Development Approval (DA 2019.359) on 11 May 2021 for the following:

“Construction and operation of a 120 metre extension of the runway to the northern and southern ends of the Merimbula Airport runway and installation of a new culvert at the Southern end of the airport site.”

This report outlines the outcome of the tender process for Package 1 - Southern end runway extension embankment.

Public Tenders for the works were invited via VendorPanel on 19 May 2021 and a mandatory tender briefing was held on 31 May 2021, with a site visit to the Airport. This briefing was well attended by both local, regional and interstate companies.

Tenders closed on 23 June 2021 and two tender submissions were received. The attached confidential memorandum outlines the tender assessment and recommendations.

The works are predominately civil in nature and create the southern runway extension platform within Merimbula Lake. It is a technically difficult project with significant engineering risk, including the potential for differential settlement of the platform post construction.

It is also in an environmentally sensitive area and to reduce these risks, it is desirable that the works be delivered as early as possible ahead of the subsequent runway construction and by a contractor focussed on achieving the strict environmental and engineering requirements.

The drawing below depicts the general scope of this package of works.

 

Options

A range of design and engineering options have been considered in the development of the project scope and project deliverables with reference to the available project budgets and environmental and engineering constraints.

The majority of the design decisions have been predicated on the upgrade of Merimbula Airport to allow for unrestricted operation of both the ATR 72 and Q400 Aircraft in relation to the relevant aviation safety legislation and consultation with the Civil Aviation Safety Authority (CASA).

In the planning for the delivery of the runway extension project, several delivery models were considered and it was determined to tender the runway extension project in two packages – this tender, encompassing the southern extension platform, and a subsequent tender that deals with the northern extension area, pavement and lighting works. 

The primary reason for this being tendered in two packages is due to the high-level focus on environmental protection for the southern platform and, if scheduling permits, the potential for the platform to rest prior to addition of the pavement layer. 

The second tender will achieve additional value for money when combined with the runway strengthening and general aviation precinct projects and will also incorporate specialised pavement construction works.

Community and Stakeholder Engagement

Considerable community and stakeholder engagement has taken place in both the initial funding application phase to secure the funding for the projects to proceed and throughout the scoping, design and approval phases for the Runway Extension.

Engagement undertaken

Community and stakeholder consultation has occurred in the development of the Runway Extension project during the preparation of the Environmental Impact Statement (EIS) for the project, where a key requirement is a demonstrated community consultation plan, and this was followed up with a further public exhibition period in November and December 2020.

Dedicated consultation has also occurred with the Merimbula Lake Oyster Growers as a key stakeholder in the project to ensure any impacts are mitigated during the delivery phase of the project.

A series of workshops have been held with the General Aviation stakeholders of the airport to inform them of the runway extension and this group has been notified about the restrictions for General Aviation usage during the construction phase.

Formal correspondence has been entered into with both Qantas and Regional Express Airlines regarding the impacts on scheduled services during the construction phase and this project will impact the usable runway during construction, but services will remain uninterrupted.

Extensive engagement has also occurred at all three levels of Government in developing the project design and EIS submission though various referrals and approvals.

Engagement planned

Engagement with stakeholders will continue at the same levels during the construction works.

The oyster lessees will be receiving the results of the water monitoring in real time during the earthworks to ensure any impacts on their operations can be mitigated.

Access to the runway will be uninterrupted during the works for airlines, freight movement and emergency services and regular communication with these users will be undertaken to mitigate any construction impacts on scheduled services.

Access for other users, such as General Aviation will be restricted to outside the construction hours, other than one lessee who will be able to organise access for business continuity purposes.

There will also be consultation with landside tenants who are impacted by construction traffic movements in order to ensure business continuity.

Financial and Resource Considerations

This project is jointly funded by the NSW Government through RESTART funding and by Council via a loan.

Council at its meeting of the 25 November 2020 resolved to endorse the previously resolved loans program for the Airport Terminal Upgrade of $2 million and seek to further increase the loan by $2.4 million for the Runway Extension shortfall, to $4.4 million to be funded by the existing airport infrastructure Special Rate Variation.

The total available funding for the Runway Extension is $6.79 million

Item

$ Excl GST

Expenditure Detail

 

Runway extension package 1:  RFT 2021-95 Merimbula Airport Expansion Runway Early Earthworks

Confidential

Runway extension package 2:  RFT 2021-106 Merimbula Airport Expansion Runway & Precinct Works     

Confidential

Contingency, Design, Project Management and other non-contract costs

Confidential

Total Expenditure

$6.79m

 

 

Source of Funds

 

NSW Government – RESTART

$4.39m

Council – Loan Program

$2.4m

Total income available

$6.79m

 

 

Total Project Capital Cost

$6.79m

Total Available Construction Funding

$6.79m

Project Funding Shortfall

$0

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts

$ Excl GST

Capital Investment | Renewal, Upgrade, New

$6.79m 

Annual maintenance and operational costs

These are in the process of being reviewed in conjunction with the Runway Strengthening and General Aviation Project 

Depreciation costs

These are in the process of being reviewed in conjunction with the Runway Strengthening and General Aviation Project 

User charges (annual income)

User charges are generated from the Airport Fees and Charges and directly proportional to RPT Passenger Numbers

 

Due to the nature of airports and need to fully comply with aviation legislation, they will always require ongoing maintenance and capital upgrades. Increasing the runway will invariably increase both the operational and deprecation cots of the asset.

Merimbula Airport seeks to offset the cost of operating and maintaining the airport through user charges, via the published fees and charges on Regular Transport Providers (RPT) through passenger landing fees and landing and parking charges for both recreational and commercial aircraft usage and leases and licences for the use of airport land.

Income received from RPT services is directly proportional to passenger numbers at Merimbula

Airport, Council currently receives ‘passenger landing charge’ from all passengers landing and departing at Merimbula Airport as listed in our adopted Fees and Changes.

Council has several fixed costs associated with running the airport to adhere to aviation legislation including the Operation and Management Contract for the Airport, these costs are attempted to be offset by the passenger landing fee income from Council’s adopted Fees and Charges.

It is important to note, as with many regional airports across the country, Merimbula Airport is heavily reliant on both State and Federal grant money to fund and deliver necessary capital upgrades to meet the ever changing aviation legislation and to ensure the assets are maintained and upgrade to meet industry standards for airport infrastructure.

Legal /Policy

The tender process complied with the Local Government Act 1993 and Council procedures.

Civil Aviation Safety Authority (CASA) is the Statutory Authority that conducts the safety regulation of civil air operations in Australia, including the regulation of certified and registered aerodromes primarily via the Manual of Standards (MoS) Part 139.

The Aviation Transport Security Act 2004 and associated Aviation Transport Security Regulations 2005, establishes a regulatory regime to safeguard against unlawful interference with aviation and is managed by the Department of Home Affairs.

The runway extension project was subject to a Development Application and received Development Approval (DA 2019.359) on 11 May 2021 for the following:

“Construction and operation of a 120 metre extension of the runway to the northern and southern ends of the Merimbula Airport runway and installation of a new culvert at the Southern end of the airport site.”

 Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Airport is a critical element of Council’s transport strategic direction and its management and the provision of RPT services into the future will be critical to ensure the best outcomes for the community.

Upgrade of infrastructure at Merimbula Airport is consistent with several key strategic directions set by Council as part of the Community Strategic Plan and this upgrade was planned to increase RPT travel and stimulate General Aviation activity:

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

Goal 9: We have opportunities to work, learn and socialise through the provision of affordable public transport and telecommunications services.

Goal 10: We have a good network of good quality roads footpaths and cycleways connecting communities throughout the Shire and beyond

This project also aligns with actions identified in Council’s adopted Delivery Program 2021-22:

5.9.3 – Deliver capital works programs for Merimbula Airport

5.10.1 – Manage, construct and maintain Merimbula Airport

The Merimbula Airport Master Plan is also another major strategic driver for the Airport.

The Airport is a critical element of Council’s transport strategic direction and its management into the future will be critical to ensure the best outcomes for the community.

The runway extension project is in accordance with the current Merimbula Airport Master Plan.

Environment and Climate Change

The runway extension project was subject to a Development Application and received Development Approval (DA 2019.359) on 11 May 2021.

As part of the Development Application, a comprehensive Environmental Impact Statement (EIS) and Review of Environmental Factors (REF) was prepared in order to consider the environmental impacts of the project.

All impacts have been identified and ameliorated or mitigated wherever possible. Where amelioration or mitigation is not possible, environmental offset requirements under the Biodiversity Conservation Act 2016 and Fisheries Management Act 1994 will apply.

Environmental risk has been mitigated by comprehensively testing the sub ground conditions; extensive surveying of tidal flows including investigation and substantiation of information provided by oyster lessees and consequent refinement of design; and multi-disciplinary approaches to environmental risk identification and management measures.

The runway is positioned at a height of 2.4m Australian Height Datum (AHD). The existing Probable Maximum Flood (PMF) level across the Arthur Kaine Drive zone is 2.19mAHD.  The year 2100 PMF is 2.81m AHD. Lifecycle pavement works to the runway and taxiways (every 10-15 years) will increase its height by 50mm to 100mm on each occasion.

The extension of the runway facilitates routine use by larger passenger aircraft. These aircraft will be required to service increased passenger numbers and/or to replace existing airline passenger aircraft (as existing passenger aircraft reach the end of their service life and are replaced by those now in production – which are larger).

The extensions are the first of a two stage process, the second stage of which will be triggered by larger passenger numbers (if a Development Approval is achieved). In this way, the needs of the current population are met, and the needs of the future generations are achievable, when they arise.

Economic

The runway extension project is aimed at increasing options for the community in regards to RPT travel and to support and stimulate General Aviation activity at the airport.

The economy of the Bega Valley has been traditionally dominated by primary industry including agriculture, forestry and fishing. While these industries are still significant, several other key sectors have developed including manufacturing, tourism and remote area employment.

There is growing momentum for projects linking air freight from the area. The Airport, as part of the regional/national transport network, provides access to business markets and thereby significant support to the local economy and at the same time airport operations generate a direct economic benefit.

Risk

There are several risks in the delivery of this project and in recognition of this, during the project development stage, a two day risk workshop was held in February 2021 that addressed all the airport capital projects. It was attended by Council personnel, key members of the consultancy team and the Airport Operator. Risks were examined and mitigation mechanisms were developed.

Identification and mitigation of environmental risk was included in the Environmental Impact Statement. Mitigation requirements have been included in the Development Approval and include construction period and operational risks.

Aviation operational risk is being mitigated by a Method of Working Plan, developed to ensure aircraft movements are undertaken safely during the construction period, with the plan being drafted in accordance with aviation legislation by suitably qualified consultants and will be approved by CASA prior to the works commencing.

Some of the key risks have been summarised below:

Key Risks

Issue

Impact

Mitigation

Impacts of water quality of the Merimbula Lake

Degradation of Water and impacts to aquaculture to Merimbula Lake

Water Quality Monitoring Plan

Acidic Sulphate Soils Management Plans

Engineering Controls

Services interruption of RPT services and General Aviation

Flight delays and or runway closure

Early engagement with airlines and General Aviation over impacts

Development of Method of Working Plan

Contractual Conditions for contractor

Aboriginal Heritage

Impacting cultural heritage of area

Full archaeological investigation of site and Aboriginal Heritage Impact Permits

Loss of marine and terrestrial habitats

Impacts of extension of runway on ecology of area

Full flora, fauna and biodiversity study undertaken during EIS.

Undertake Biodiversity Development Assessment Report (BDAR) assessment and offset strategy to be adopted by Council to mitigate impacts

Safety issues around airport construction

Potential for harm to person and property

Development of Method of Working Plan

Contractual Conditions for contractor

Working with Airport Operator to mitigate impacts

Quality Assurance

Potential for settlement of platform

Regular inspection by independent Geo-tech Engineer

Contractual Conditions for contractor

 

Social / Cultural

Community benefit is arguably the main reason why Council owns and operates an airport. Airport operations are a vital component of an overall integrated transport network, which links the Bega Valley with capital cities.

The Airport provides essential links for professional, legal, specialist and medical services as well as passengers for tourism, employment and business.

The social benefits of ensuring the airport’s infrastructure keeps pace with the community’s needs and changes in aircraft have been identified in:

‘Working Towards Our Future’ Bega Valley Shire Community Strategic Plan 2040

Failure to keep pace with the changes in aircraft over time is likely to lead to reduced passenger services and increased isolation of the region.

Across the course of this and the rest of the airport projects, it has been necessary to undertake a full Aboriginal Heritage investigation of the site, not previously undertaken at all.

As a result, the knowledge of the Aboriginal Heritage of the site has grown considerably and been recorded permanently. The works are subject to Aboriginal Heritage Impact Permits and any artefacts will be salvaged and buried on site and also marked and recorded permanently.

Attachments

1.            Confidential memorandum regarding evaluation of Tender RFT 2021-95 Merimbula Airport Runway Early Earthworks memorandum to councillors (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 provided by tenderers in a confidential tender process and would also impact Council’s position in relation to its consideration, therefore impacting the tender 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 individual tenderers.

 

 

 


Council 21 July 2021

Item 11.2

 

11.2. Zingel Place Administration Building Upgrade - Project & Costings     

This report tables the Final Concept Design Report for the Zingel Place Administration Office Building for Council endorsement and seeks direction on the next steps regarding the progression of this project.

Director Assets and Operations  

Officer’s Recommendation

1.    That Council receive and note the report.

2.    That Council endorse the Concept Design Report for the Bega Valley Shire Council Administration Building upgrade.

3.    That Council endorse the Master Plan for Zingel Place, including the shared reception and entrance with the Bega Valley Regional Gallery and Administration Building.

4.    That Council endorse the Concept Plan for Level 00 and Level 01 for the Bega Valley Shire Council Administration Building upgrade.

5.    That Council receive and note the cost plan for the overall estimated project cost is $8.975 million with a construction cost of $6.7 million. This figure includes contingencies and consultant fees for services and assumes a construction commencement in 2023.

6.    That Council make an allocation in the future long-term financial modelling of $8.975million in capital expenditure to allow the Bega Valley Shire Council Administration Building upgrade.

 

Executive Summary

An action from the 2019-20 Operational Plan was to progress a review of staff accommodation across the organisation, with Zingel Place Administration Office being a key item identified as requiring upgrades and renewal.

This report tables the Final Concept Design Report and plans for Council endorsement. This report along with the detailed costings is a guiding document which will enable Council in either applying for and/or allocating the necessary funds to advance this project.

The overall estimated project cost is $8.975 million with a construction cost of $6.7 million. This figure includes contingencies and consultant fees for services and assumes a construction commencement in 2023.

There is enthusiasm within the staff cohort to proceed with the project and it is recommended that Council begin implementing funding strategies to ensure that the front facing and public aspect of Council is at a standard in line with current day expectations and the office facilities meet standards in regards to accessibility and welfare for our staff for a modern day office environment.

It is recommended an allocation is made in the future long-term financial modelling of $8.975 million in capital expenditure to allow the project to progress.

Background

The current administration building in Zingel Place was designed and constructed in the 1980's and has served both the community and Council staff well but is an ageing asset that requires modernisation to meet the requirements of the Bega Valley now and into the future.

The Bega Valley Shire Council Administration Offices are located at the heart of Bega in Zingel Place. Situated between the Bega Valley Regional Gallery, Library and Bega Valley Commemorative Civic Centre; the Administration Building spans approximately 2,000 square metres across two floor levels.

Built in 1988 and originally designed by Michael Davies Associates, the Administration Building has had minimal upgrades to its interior design and working environment. The last three decades has seen a gradual shift in workplace design; adapting to evolving workspace design; to evolving workplace use, activities and trends.

The building was originally designed to accommodate 79 staff in 1984 with a projection through to 1994. Since then the staff numbers the building accommodates has grown to more than 120 and has seen ad hoc minor modifications to reflect the changing needs of the organisation over this time.

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 upgrades to comply with current legal and regulatory requirements including accessibility and sustainability, to bring it up to modern office standards.

In conjunction with the design work for the Bega Valley Regional Gallery, architecture firm Sibling Architecture were engaged to undertake a review of the existing structure; undertake a series of workshops with staff around current service delivery from the building now and into the future, and develop a concept design package with input from Building Code of Australia (BCA) and Disability Discrimination Act (DDA) consultants, structural and services engineers and prepare a cost plan using a Quantity Surveyor.

A summary of the key considerations in the development of the attached Concept Design Report included:

·    Provision of diverse and flexible workspaces, including open plan workstations, collaborative workspaces, private executive offices, conference meeting spaces and virtual conferencing workspaces.

·    The Bega Valley Shire Council customer service model and how Council engages with the community through the design of engaging public interfacing spaces, such as reception and customer services areas, as well as private meeting spaces.

·    Improved amenities to staff including bathrooms, kitchens, and social breakout areas both indoor and outdoor. Note that existing waste and plumbing point locations are to be retained where possible.

·    The Executive Office suite and its relationship to the rest of the Administration offices, reception and other public areas.

·    Alternative staff access to the building including the connection through the Civic Centre.

·    The impacts of COVID-19 on workplace design.

·    Overview of the Library functional aspect and its connection to the Administration offices now and into the future.

·    Environmentally sustainable design initiatives.

·    Minimal structural alteration to the existing building and should remain within the existing footprint.

Previous audits of the current building identified that the building has several deficiencies regarding compliance to relevant building codes, sustainability and adherence to best practice guidelines for office accommodation including amenity for employees.

It is also recognised that the way in which Council interacts with the general public has and will continue to change in the digital world and a renewed emphasis on the 'customer experience' when people do visit Zingel Place in person.

To add to the mix, the COVID-19 pandemic has challenged the way in which Council 'do business' and this should be an opportunity to build some of the lessons learnt into Council’s business practices and Council’s physical built environment.

The project does not seek to extend or expand the current footprint of Zingel Place but rather look at ways of more efficiently using the space and providing more space for the 'customer experience'.

Options

During the development of the Concept Design, several options were considered by the Architects and are detailed within the Concept Design Report.

All design options were limited to the key considerations as summarised in the background section of this report.

Community and Stakeholder Engagement

Extensive internal stakeholder engagement was undertaken with Council staff regarding the existing office accommodation and how Council envisages its service delivery model into the future.

Engagement undertaken

A series of Council staff workshops were undertaken, and the attached Concept Design Report details the outcome of this consultation process.

Engagement planned

Pending the allocation of funding to progress the project, a series of future stakeholder workshops will be undertaken to finalise the design prior to the delivery stage.

Financial and Resource Considerations

A key outcome the Concept Design Report was a full project cost estimate. A copy is included within the Concept Design Report.

The overall estimated project cost is $8.975 million with a construction cost of $6.7 million. This figure includes contingencies and consultant fees for services and assumes a construction commencement in 2023.

It is recommended that an allocation is made in the future long-term financial modelling for $8.975 million in capital expenditure to allow the project to progress.

Item

$ Excl GST

Expenditure Detail

 

Construction Cost

$6,321,922

Builder Preliminaries

Incl.

Builder Margin

Incl.

Professional Fees

$474,146

Project Management Fees

$203,882

Project Contingency

$699,997

Construction Contingency

$384,997

Authority Fees and Charges

$161,701

Escalation to January 2023

$527,786

Land and Legal Fees

Excl.

Finance Costs and Interest Charges

Excl.

Staging/Phasing Costs

$200,000

Goods and Services Tax

Excl.

Rounding

$569

Total Expenditure (Excl. GST)

$8,975,000

 

 

Source of Funds

 

No current funding allocation

$0

Total income available

$0

 

 

Total Project Capital Cost

$8,975,000

Total Available Construction Funding

$0

Project Funding Shortfall

-$8,975,000

Financial Option Impacts | Life Cycle Costing

At this stage no detailed costing projections have been made on the likely annual maintenance and operational costs, but as the project proposes a renewal of the majority of the building services with an emphasis on energy efficiency and smart building technologies, a reduction in annual operational and maintenance costs is anticipated.

Ongoing Financial Impacts

$ Excl GST

Capital Investment | Renewal, Upgrade

$8,975,000 

Annual maintenance and operational costs

 T.B.C

Depreciation costs

 T.B.C

User charges (annual income)

 $0

Legal /Policy

The concept design has been developed in consideration of the following standards and guidelines:

•     Building Code of Australia

•     AS1428 - Design for access and mobility

•     NSW Government Office Accommodation Workplace Design Principles

•     NSW Government Fitout Design Principles (Office Workplace Accommodation)

•     COVID-19 Social Distancing Measures

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Council currently provides most of its administrative functions from the Administration Building in Zingel Place and this facility currently houses many functions of Council including customer service.

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.

This project aligns with several Outcomes and Goals in the 2017-2021 Delivery Program including but not limited to:

Outcome 6: Strong Consultative Leadership

6.11.3 Provide an efficient and high quality first resolution customer services

6.11.4 Conduct day to day management of Council

6.11.5 Support Councillors and ensure open and effective Local Government in our Shire

6.11.7 Lead an organisational and community review of asset provision and implement the best and most affordable model for the future

Goal 12: Our Council is financially sustainable, and services and facilities meet the community need

6.12.4 Maintain and support Council’s workforce and implement Workforce Strategy

6.12.12 Develop and manage Council’s property portfolio and manage Councils Reserve Trusts

Environment and Climate Change

The project seeks to address several of the current buildings inefficiencies including outdated heating, cooling and ventilation systems, which consume a high amount of electricity when compared to modern technologies.

A range of other environmentally sustainable design initiatives will also be implemented including water saving devices, insulation, low energy lighting and smart building technologies.

Economic

The project will seek to increase business efficiencies by reducing the footprint of office space through optimisation of existing floorplans and increasing the space dedicated to customer service to further enhance the ‘customer experience’ when visiting the Council’s Administration Office.

Risk

There are several risks involved in the project and should the project proceed to the next stage, a thorough risk workshop will be undertaken.

The greatest risk to Council is to do nothing. The current building asset is reaching end of life and without a plan in place for either its upgrade or renewal, will eventually result in a range of building systems failures, which have the potential to impact upon Council’s service delivery, staff welfare and the reputational image of Council.

Social / Cultural

Zingel Place is seen as the civic centre and hub for Council’s activities and is the first point of call for many of Council’s interaction with the Community.

The project seeks to improve the way in which Council interacts with the general public and provides a renewed emphasis on the 'customer experience' when people do visit Zingel Place in person.

Links to Attachments

Attachment Zingel Place administration building report - Sibling Architecture:

https://begavalley.nsw.gov.au/page.asp?f=RES-OAM-74-58-30

Attachment Zingel Place administration building concept design estimate - Rider Levett Bucknall:

https://begavalley.nsw.gov.au/page.asp?f=RES-QSC-74-68-40

Attachments

Nil

 


Council 21 July 2021

Item 11.3

 

11.3. Pambula River Pambula Lake Yowaka River Flood Study Final Findings     

The final report findings and recommendations of the Pambula River, Pambula Lake and Yowaka River Flood Study are now presented for Council’s consideration.

Director Assets and Operations  

Officer’s Recommendation

1.    That Council adopt the findings and recommendations of the Pambula River, Pambula Lake and Yowaka 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 Pambula River, Pambula Lake and Yowaka 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 Pambula River, Pambula Lake and Yowaka River Flood Study provide the best available flood information on flood behaviour in the Pambula River, Pambula Lake and Yowaka River catchments.  It will form the key technical document for any subsequent floodplain risk management study, planning and grant application. The finalised flood study findings will allow for improved emergency response, strategic land-use and asset planning.

Background

Following acceptance of grant funding, Council engaged consulting firm Catchment Simulation Solutions to undertake a flood study for the Pambula River, Pambula Lake and Yowaka River catchments. On 17 February 2021, Council placed the draft findings and recommendations on public exhibition.

The study was undertaken in response to increased development pressure, emergency response and asset infrastructure issues arising from recent Shire wide flood events in 2011, 2012 and 2016.  The completed study allows updates to current flood mapping 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 Study and Plan, in accordance with the NSW Floodplain Development Manual, April 2005.

Council has taken the initiative to carry out the flood study to assist with planning and management of risk to the community from flooding.

The final flood study has now been completed and is ready for Council’s consideration following public exhibition.

Options

The options before Council are to:

1.    Adopt the findings and recommendations of the final Pambula River, Pambula Lake and Yowaka River Flood Study as the best available flood information. This is the recommended option.

2.    Wait until such time that a Floodplain Risk Management Study and Plan are in place before defining the flood planning level for the final Pambula River, Pambula Lake and Yowaka River catchments. This approach is not recommended as the flood study contains the best available information on which decisions can be made in the interim.

 

Community and Stakeholder 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, April 2005.

Engagement undertaken

Community engagement occurred through a variety of communication channels including media releases, a project website, social media, written correspondence, telephone inquiries, project meetings, public exhibition, technical sub-committee meetings and floodplain risk focus group meetings.  Chapter 4 of Volume 1 of the flood study details the activities undertaken.

Consultation with local residents within the catchments was completed using a community flood questionnaire during September 2019. Consultation with relevant State agency stakeholders also occurred during the initial consultation period. Further consultation was completed throughout the project through the Bega Valley Shire Floodplain Risk Management Focus Group, in which the community, State agencies and Council are represented.

Public exhibition of the draft flood study occurred for five weeks during the period 26 March – 10 May 2021. During this period an additional online consultation session was held on 5 May 2021.  The content of submissions and responses can be found in Appendix O of Volume 1 of the flood study.

To promote the exhibition of the draft report, 318 letters with a community questionnaire were sent out to landowners within the identified study areas and a media release prepared.  Community engagement was also carried out using Social Media and 190 views were received on the project webpage hosted under Have Your Say on Council’s website.  A summary of submissions received is included at attachment 1 to this report.  The community feedback was used to understand and validate flood behaviour within the two catchments and finalise any findings that resulted in minor amendments to the final documents for consideration.  All proponents were advised by written correspondence that their submission was considered in the finalisation of the study findings.

Three drop-in sessions with Council’s consultant and staff were arranged during the public exhibition period, where 25 residents attended to raise issues and questions. Both sessions were held during and after normal business hours to encourage higher participation rates. 

Engagement planned

The remaining engagement activities planned following adoption of the final study will be to publish the report documents on Council’s website and to provide copies to the Local Emergency Management Committee and the State Emergency Services for their use in improving emergency management operations. In addition, the full report and associated documents will inform internal stakeholders regarding updates required to GIS fields and planning certificates.

Financial and Resource Considerations

The flood study project was partially subsidised by a floodplain risk management program grant of $152,000 from the NSW Government Floodplain Management Grant Program, with Council providing a matching co-contribution of $76,000. 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.

Staff and financial resources have already been expended on delivering the Pambula River, Pambula Lake and Yowaka River Flood Study project, which will be completed within the allocated project budget approximately 9 months ahead of schedule. 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.

Whilst a grant surplus is indicated, DPIE only reimburses Council for grant milestone claims based on actual costs incurred and the effective grant surplus would be nil.

 

Item

$ Excl GST

Expenditure Detail

 

RFT 28/19 Pambula River Pambula Lake Yowaka River Flood Study

$104,110

Non-claimable project expenses

$2,823

Total Expenditure

$104,110

 

 

Source of Funds

 

General Fund (co-contribution)

$76,000

DPIE Floodplain Management Program pre-approval

$152,000

Total income available

 $228,000

 

 

Project Funding Surplus

Co-contribution $38,473.67

Grant $82,593.33

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 programs and the protection of councils, 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.

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 the Manual.  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, flood risk management study (FRMS) and/or flood risk management plan (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.

The endorsed FRMS and FRMP will ultimately provide Council with a contemporary flood study prepared in accordance with the Manual enabling statutory protections in accordance with Section 733 of the Local Government Act 1993.

The final flood study report findings and recommendations will provide the technical basis required for the development of any subsequent FRMS and 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 to reduce flood risk.

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 FRMS and FRMP. The completed flood study allows Council to identify the existing flood risk, hydraulic and provisional hazard categories within the Pambula River, Pambula Lake and Yowaka 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 adoption 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 and also completes project 3.5.1.7 from the 2020-21 Operational Plan.

Environment and Climate Change

Environmental concerns such as climate change, including sea level rise, have been addressed in the final flood study, in accordance with current NSW Government guidelines and requirements for flood study projects. Other environmental concerns are usually addressed in the subsequent FRMS and FRMP following community consultation.

Economic

Any future floodplain risk management study and plan is a multi-disciplinary process that balances 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 endorsed flood study report.

Risk

The finalised flood study allows Council to quantify the existing flood risk within the Pambula River, Pambula Lake and Yowaka 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 the future FRMS and FRMP that incorporates the management of social, cultural and economic impacts.

The information derived from the final study findings will allow improved community resilience to flood related disasters as the findings will inform future emergency management, strategic land-use and asset infrastructure planning operations.

Links to Pambula Lake, Pambula River and Yowaka River flood study Volume 1:

Pambula River, Pambula Lake, Yowaka River Flood Study Final Report - Volume 1 Part 1

https://begavalley.nsw.gov.au/page.asp?f=RES-LXL-53-47-18

Pambula River, Pambula Lake, Yowaka River Flood Study Final Report - Volume 1 Part 2

https://begavalley.nsw.gov.au/page.asp?f=RES-MWA-73-67-48

Pambula River, Pambula Lake, Yowaka River Flood Study Final Report - Volume 1 Part 3

https://begavalley.nsw.gov.au/page.asp?f=RES-KSB-32-16-87

Pambula River, Pambula Lake, Yowaka River Flood Study Final Report - Volume 1 Part 4

https://begavalley.nsw.gov.au/page.asp?f=RES-XXG-67-51-23

Pambula River, Pambula Lake, Yowaka River Flood Study Final Report - Volume 1 Part 5

https://begavalley.nsw.gov.au/page.asp?f=RES-LDO-83-66-48

Pambula River, Pambula Lake, Yowaka River Flood Study Final Report - Volume 1 Part 6

https://begavalley.nsw.gov.au/page.asp?f=RES-IHX-41-35-16

Pambula River, Pambula Lake, Yowaka River Flood Study Final Report - Volume 1 Part 7

https://begavalley.nsw.gov.au/page.asp?f=RES-QAS-54-48-10

Pambula River, Pambula Lake, Yowaka River Flood Study Final Report - Volume 1 Part 8

https://begavalley.nsw.gov.au/page.asp?f=RES-TXY-05-70-51

Pambula River, Pambula Lake, Yowaka River Flood Study Final Report - Volume 1 Part 9

https://begavalley.nsw.gov.au/page.asp?f=RES-ZNG-78-62-34

Pambula River, Pambula Lake, Yowaka River Flood Study Final Report - Volume 1 Part 10

https://begavalley.nsw.gov.au/page.asp?f=RES-CUO-60-53-35

Links to Pambula Lake, Pambula River and Yowaka River flood study Volume 2:

Pambula River, Pambula Lake, Yowaka River Flood Study Final Report - Volume 2 Part 1

https://begavalley.nsw.gov.au/page.asp?f=RES-PMD-61-55-36

Pambula River, Pambula Lake, Yowaka River Flood Study Final Report - Volume 2 Part 2

https://begavalley.nsw.gov.au/page.asp?f=RES-VSB-66-51-32

Pambula River, Pambula Lake, Yowaka River Flood Study Final Report - Volume 2 Part 3

https://begavalley.nsw.gov.au/page.asp?f=RES-UIS-66-51-22

Pambula River, Pambula Lake, Yowaka River Flood Study Final Report - Volume 2 Part 4

https://begavalley.nsw.gov.au/page.asp?f=RES-RPC-75-68-41

Pambula River, Pambula Lake, Yowaka River Flood Study Final Report - Volume 2 Part 5

https://begavalley.nsw.gov.au/page.asp?f=RES-AUP-58-36-17

Pambula River, Pambula Lake, Yowaka River Flood Study Final Report - Volume 2 Part 6

https://begavalley.nsw.gov.au/page.asp?f=RES-VYY-36-21-02

Pambula River, Pambula Lake, Yowaka River Flood Study Final Report - Volume 2 Part 7

https://begavalley.nsw.gov.au/page.asp?f=RES-BVR-48-33-14

Pambula River, Pambula Lake, Yowaka River Flood Study Final Report - Volume 2 Part 8

https://begavalley.nsw.gov.au/page.asp?f=RES-BTH-48-33-14

Pambula River, Pambula Lake, Yowaka River Flood Study Final Report - Volume 2 Part 9

https://begavalley.nsw.gov.au/page.asp?f=RES-PVV-04-88-60

Pambula River, Pambula Lake, Yowaka River Flood Study Final Report - Volume 2 Part 10

https://begavalley.nsw.gov.au/page.asp?f=RES-CSG-40-33-15

Pambula River, Pambula Lake, Yowaka River Flood Study Final Report - Volume 2 Part 11

https://begavalley.nsw.gov.au/page.asp?f=RES-EQJ-80-74-55

Pambula River, Pambula Lake, Yowaka River Flood Study Final Report - Volume 2 Part 12

https://begavalley.nsw.gov.au/page.asp?f=RES-YQQ-68-20-03

Pambula River, Pambula Lake, Yowaka River Flood Study Final Report - Volume 2 Part 13

https://begavalley.nsw.gov.au/page.asp?f=RES-DEM-20-13-85

Pambula River, Pambula Lake, Yowaka River Flood Study Final Report - Volume 2 Part 14

https://begavalley.nsw.gov.au/page.asp?f=RES-ZJM-28-12-84

Pambula River, Pambula Lake, Yowaka River Flood Study Final Report - Volume 2 Part 15

https://begavalley.nsw.gov.au/page.asp?f=RES-WKQ-86-71-52

Pambula River, Pambula Lake, Yowaka River Flood Study Final Report - Volume 2 Part 16

https://begavalley.nsw.gov.au/page.asp?f=RES-FXN-61-33-05

Pambula River, Pambula Lake, Yowaka River Flood Study Final Report - Volume 2 Part 17

https://begavalley.nsw.gov.au/page.asp?f= RES-IZQ-22-15-87

Pambula River, Pambula Lake, Yowaka River Flood Study Final Report - Volume 2 Part 18

https://begavalley.nsw.gov.au/page.asp?f=RES-JND-52-36-17

Pambula River, Pambula Lake, Yowaka River Flood Study Final Report - Volume 2 Part 19

https://begavalley.nsw.gov.au/page.asp?f=RES-FED-40-34-15

Pambula River, Pambula Lake, Yowaka River Flood Study Final Report - Volume 2 Part 20

https://begavalley.nsw.gov.au/page.asp?f=RES-ORM-24-07-70

Pambula River, Pambula Lake, Yowaka River Flood Study Final Report - Volume 2 Part 21

https://begavalley.nsw.gov.au/page.asp?f=RES-NNX-53-47-28

Pambula River, Pambula Lake, Yowaka River Flood Study Final Report - Volume 2 Part 22

https://begavalley.nsw.gov.au/page.asp?f=RES-ZAL-87-72-53

Pambula River, Pambula Lake, Yowaka River Flood Study Final Report - Volume 2 Part 23

https://begavalley.nsw.gov.au/page.asp?f=RES-UGW-06-70-52

Pambula River, Pambula Lake, Yowaka River Flood Study Final Report - Volume 2 Part 24

https://begavalley.nsw.gov.au/page.asp?f=RES-WXP-66-51-32

Attachments

1.         Pambula River, Pambula Lake and Yowaka River flood study responses to public submissions

 


Council

21 July 2021

Item 11.3 - Attachment 1

Pambula River, Pambula Lake and Yowaka River flood study responses to public submissions

 

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Council 21 July 2021

Item 11.4

 

11.4. Proposed New Road Name - Bowlers Drive, Merimbula     

Council has received an application from Merimbula Imlay Bowling Club Ltd to formally name the service road associated with development application 2016.6.

Director Assets and Operations  

Officer’s Recommendation

1.    That Council receive and note the report

2.    That Council approve the proposal to name the service road in Merimbula, Bowlers Drive noting the name does not comply with Council’s Road Naming Procedure 4.10.6.

3.    That Council advertise the proposed road name on its website, inviting submissions to the proposal.

4.    That if no objections are received within the submission period, Council officers proceed with the road naming proposal without subsequent referral to Council.

 

Executive Summary

Council has received an application to formally name the service road associated with the approved subdivision under development application 2016.6 (DA 2016.6).  In accordance with Council’s Road Naming Procedure 4.10.6, all new road naming proposals are to be reported to Council seeking approval to advertise the proposed use of the road name.

Background

On 16 March 2016 consent was issued to Merimbula Imlay Bowling Club Ltd (the Club) for DA 2016.6 and a condition of the consent was that the Club submit a road naming application for any new roads.  The subdivision plan was registered on 1 March 2019 (Figure 1) and included the dedication of the road which services the new Woolworths development in Merimbula as public road.  This road has been known as ‘service road’ since this time.

Council officers have now received a road naming application from the Club to formally name the road which has prompted a report to Council.

Figure 1 – DP 1250503 registered 1 March 2019

The name proposed by the Club for the consideration of Council is Bowlers Drive, Merimbula and it is noted that this name does not comply with the following approved themes under Council’s Road Naming Procedure 4.10.6.

                i. Local Aboriginal heritage;

                ii. Early explorers, pioneers, settlers and historical figures;

                iii. Natural environment, marine, flora or fauna.

               

Council officers advised the Club that Bowlers Drive did not comply with Council’s Road Naming Procedure 4.10.6 and suggested an alternate name be selected.  The Club have requested Council’s further consideration in allowing the proposed name to proceed, noting it does not comply with Council’s Road Naming Procedure 4.10.6, in recognition of their contribution in dedicating the road and enabling further development to progress.

It is also noted that Council has been in negotiations with the Club for the extension of the service road and this has been the subject of numerous reports to Council since 2017.  A further subdivision plan was registered on 29 May 2020 (Figure 2) and the road remains unnamed. 


Figure 2 – DP 1263284 Registered 29 May 2020

Council officers have sought advice from the Geographical Names Board of NSW (GNB) who have reviewed the proposed name under their guidelines for the naming of roads and have advised there is no objection to its use.

 Options

The options available to Council are:

1.    Proceed with the road name Bowlers Drive noting GNB have reviewed the proposed name and do not object to its use, however the name does not comply with Council’s Road Naming Procedure 4.10.6;

2.    Request the Club provide an alternate road name for the consideration of Council.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have consulted with the applicant and GNB regarding the proposed road name of Bowlers Drive.

Engagement planned

If approved, the proposed road name of Bowlers Drive will be advertised on Council’s website, allowing a period of 28 days for submissions to be received.  If any objections are received, a further report will be presented to Council.

Financial and Resource Considerations

Under Council’s Fees and Charges, the road naming application fee has been paid by the Club which covers all costs associated with the road naming process.  Council’s officer time will be required to complete the public notification process.

Legal /Policy

In accordance with Council’s Road Naming Procedure 4.10.6 the naming of the Shire’s roads is pursuant to the provisions of Section 162 of the Roads Act 1993 (NSW) and the NSW Address Policy and User Manual adopted in October 2019.

In accordance with Division 1 clause 7 of the Roads Regulation (2018) which commenced on 1 September 2018, Council is now able to publish notice of a road naming proposal on the Council’s website rather than in a local newspaper.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

There are no strategic alignment matters associated with the report.

Environment and Climate Change

There are no environment and climate change matters associated with the report.

Economic

There are no economic matters associated with the report.

Risk

In determining its direction, Council should consider reputational risk in relation to the community's view on how Council is handling the proposal to operate outside Council’s Road Naming Procedure 4.10.6.

Social / Cultural

There are no impacts on Social / Cultural matters associated with the report.

Attachments

Nil

 


Council 21 July 2021

Item 11.5

 

11.5. Divestment of Lot 281 DP 1158995 at 137 Murrah Street, Bermagui     

The proposed sale of Lot 281 DP 1158995 at 137 Murrah Street, Bermagui is no longer progressing due to an encroachment into Nutley’s Creek Road by the water reservoir and shed partially located on the land.

Director Assets and Operations

Officer’s Recommendation

1.    That Council receive and note the report.

2.    That Council retain ownership of Lot 281 DP 1158995 at 137 Murrah Street, Bermagui until funding can be identified to demolish the water reservoir and shed encroaching onto Nutley’s Creek Road, Bermagui.

 

Executive Summary

Council accepted an offer for the purchase of Lot 281 DP 1158995 at 137 Murrah Street, Bermagui but the sale is no longer progressing due to the decommissioned water reservoir and shed on the land encroaching onto the road reserve.

Background

Council resolved, at its Ordinary Meeting of 5 August 2020, when considering a formal offer for the purchase Lot 281 DP 1158995 at 137 Murrah Street, Bermagui as follows:

1. That Council receive and note the report.

2. That Council approve the divestment of Lot 281 DP 1158995 at 137 Murrah Street, Bermagui to the offeree for the amount as offered making no commitment to the purchaser to support any re-zone of the land parcel.

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.

Following the Resolution of Council, officers advised the proposed purchaser of Councils decision and engaged the services of legal representative to prepare the necessary contract for sale.  As part of the sale negotiation process the purchaser sought advice on whether the decommissioned water reservoir and shed located on the land parcel were encroaching onto the road reserve.  The boundaries of the land had never been investigated by a registered surveyor with the deposited plan for the land containing a notation that the plan was prepared solely to identify the land and the boundaries had not been investigated by the Registrar General, Council was required to engage the services of Caddey Searl and Jarman to survey the frontage of the land onto Nutley’s Creek Road.  The survey investigation found the decommissioned concrete water reservoir encroaching 8.12 metres onto the road reserve and the metal shed on the land encroaching onto the road reserve up to 8.53 meters.

The purchaser was advised of these findings and Council attempted to come to an agreement with the purchaser for the removal of the infrastructure to allow the sale to proceed.  Unfortunately, costs associated with the removal of the infrastructure are not quantified and Council does not currently have a budget for these works to take place.

The purchaser has now formally advised Council they will not be proceeding with the sale for this reason.

Options

The options available to Council are:

1.    Retain ownership of Lot 281 DP 1158995 at 137 Murrah Street, Bermagui until funding can be identified to demolish the decommissioned water reservoir and shed encroaching onto Nutley’s Creek Road, Bermagui.

2.    Identify a funding source to allow for the decommissioned water reservoir and shed to be demolished so Council can pursue the sale of the land.

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

Community and Stakeholder Engagement

Insert Text here"

 

Engagement undertaken

Council officers engaged the services of Caddey Searl and Jarman to prepare the necessary boundary survey.  This survey was supplied to the proposed purchaser through legal representatives who formally advised Council officers the purchaser has decided not to proceed with purchasing this property for this reason.

Engagement planned

Now that Council officers are aware of the encroachment into Nutley’s Creek Road future works programming can take this into consideration and when funding permits a demolition of the infrastructure can be progressed so a sale of land can eventually proceed.

Financial and Resource Considerations

As outlined in the report from Councils Ordinary Meeting of 5 August 2020 a sale process includes additional officers' time and resources as well as the engagement of legal representatives and legal costs.  Costs involved in the proposed disposal of Lot 281 DP 1158995 to date are $1,307.61 in legal fees and $780 for the boundary survey.  These costs were to be offset against the proceeds of sale so are showing as unfunded capital expenditure in the property services budget.

Legal /Policy

Section 107 of the Roads Act 1993 (NSW) states as follows:

Obstructions and encroachments

(1) A roads authority may direct--

(a) any person who causes an obstruction or encroachment on a public road, or

(b) the owner of any land that is used, or is able to be used, in connection with an obstruction or encroachment on a public road, to remove the obstruction or encroachment.

(2) A direction under this section may specify the period within which the direction must be complied with.

(3) In the case of an obstruction or encroachment that was created before the alignment of the road, or that is situated on a road that has not been aligned, the period specified in the direction must be at least 60 days.

(4) This section does not apply to an obstruction or encroachment on a public road if its presence on the road is authorised by or under this or any other Act.

(5) However, this section does apply to an obstruction or encroachment on a public road if its presence ceases to be authorised by or under this or any other Act.

Understanding this risk, the purchaser decided not to proceed with the purchase of Lot 281 DP 1158995 at 137 Murrah Street, Bermagui and it is unlikely Council will be able to find another buyer for the land while the encroachments exist.

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 desk top review of Council’s vacant operational land portfolio and Lot 281 DP 1158995 at 137 Murrah Street, Bermagui was identified as being suitable for divestment.  No detailed investigation was undertaken at this stage.

Environment and Climate Change

There are no environment and climate change matters associated with the report.

Economic

If Council identifies funds to demolish the decommissioned water reservoir and shed on the land, there is the ability for Council to sell this land and use the proceeds from the sale to leverage investment or strategic outcomes for the community.

Risk

The risks for any buyer in pursuing a purchase of Lot 281 DP 1158995 at 137 Murrah Street, Bermagui are too great while the decommissioned water reservoir and shed are encroaching onto Nutley’s Creek Road.

Social / Cultural

There are no social / cultural matters associated with the report.

Attachments

Nil

 


Council 21 July 2021

Item 11.6

 

11.6. Brogo Water Treatment Plant powerline relocation     

Council officers have identified a need to grant a formal easement for an underground electrical service to Essential Energy over Council owned operational land at the site of the proposed Brogo Water Treatment Plant on Upper Brogo Road, Brogo.

Director Assets and Operations  

Officer’s Recommendation

1.    That Council grant a formal easement for an underground electrical service over Council         owned operational land being part Lot 12 DP 1110585 at Upper Brogo Road, Brogo to the     benefit of Essential Energy.

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

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

4.    That the Chief Executive Officer and/or Mayor be authorised to execute the necessary            documentation to effect creation of the easement.

 

Executive Summary

Council officers have determined relocation of an existing overhead powerline is required at the site of the proposed Brogo Water Treatment Plant (Brogo WTP) on Upper Brogo Road, Brogo.  The proposal is for the electrical service to be underground and around the southern perimeter of the site.  This has triggered the need to for Council owned land, being Lot 12 DP 1110585, to be burdened by an easement for an underground electrical service in favour of Essential Energy.

Background

The existing overhead Essential Energy powerline crosses the site of the proposed Brogo WTP.  The powerline and associated minimum offsets to buildings or structures is 20m.  Not relocating the powerline greatly impedes the design of the building, associated tank structures and other civil works.  Relocating the power line underground and around the perimeter of the site means this constraint will be removed and the Brogo WTP layout can be better developed for the future operation of the plant.

Under the provisions of the design and construct contract, Council officers have instructed the contractor (LC Water) to undertake the design and construction of the powerline relocation works.  The contactor has submitted to Council the required documentation that Essential Energy require in order to certify the relocation design.  This documentation includes a creation of easement deed.

During this process it has been identified that it appears there are currently no dealings registered over Lot 12 DP 110585 for the existing overhead power lines. 

In accordance with section 377 of the Local Government Act 1993 (NSW) (LG Act) the burdening of Council land is a non-delegable function and must be reported to Council.  In addition, Essential Energy requires registered easements so they can more easily maintain and safely operate their infrastructure.

Options

The options available to Council are:

1.    Grant a formal easement for an underground electricity service to Essential Energy over part Lot 12 DP 1110585 at Upper Brogo Road, Brogo, to improve the efficiency and safety of the site; OR

2.    Advise Essential Energy that Council does not agree to grant an easement for an underground electricity service over part Lot 12 DP 1110585 at Upper Brogo Road, Brogo and maintain the status quo.  Noting this will cause a significant redesign and delay to the Project.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have been consulting with the Essential Energy Conveyancing Team in relation to the proposed easement for an underground electrical service.

The adjacent landowner that the powerline supplies has been notified of the work and has been provided with the electrical design and relevant Essential Energy consent documents.

Engagement planned

Council will be required to engage the services of a surveyor to prepare a plan of proposed easement for electricity and legal representative to finalise the relevant documentation for registration at Land Registry Services.

Financial and Resource Considerations

All costs associated with creation of the easement will be funded from the Brogo WTP Project which has budget to cover these costs.  Council officers will be involved in finalising the relevant easement documentation as will external legal providers and there will be legal fees payable by Council to arrange registration of plan and transfer granting easement documents at Land Registry Services.

Legal /Policy

Council’s Lot 12 DP 1110585 is classified as ‘operational’ land under section 31 of the LG Act, therefore the registration of an easement is permissible.  Essential Energy has advised easements are required over land owned by any Local Council which is classified as operational land.

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposed Brogo WTP aligns with the Community Strategic Plan and goals outlined below, in particular:

·    “Goal 5: Our air and water is pristine and our natural environment and rural landscapes are protected’;

·    “Goal 7: Our Shire continues to be a vibrant, enjoyable, safe and affordable place to live.” And;

·    “Goal 12: Our Council is financially sustainable, and services and facilities meet community need”.

Environment and Climate Change

Environment and Climate Change considerations are not applicable to the creation of the easement.

Economic

There are no economic benefits/impacts associated with the creation of the easement.

Risk

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

The relocation of the powerline is one of the first activities to be undertaken upon commencement of construction.  A delay in finalising the required Essential Energy documentation may cause this activity to be delayed. 

Social / Cultural

There are no relevant social / cultural impacts associated with the creation of the easement.

Attachments

Nil

  

 


Council

21 July 2021

 

Staff Reports –  Governance And Strategy

 

21 July 2021

  

12.1            Renewal of Bega Valley Shire Council's Legal Services Panel........................... 322


Council 21 July 2021

Item 12.1

 

12.1. Renewal of Bega Valley Shire Council's Legal Services Panel     

Councils current Legal Services Panel will expire in October 2021.

Director Business & Governance  

Officer’s Recommendation

1.    That Council resolve to use firms listed in the following two panels:

·    The NSW Government Legal Services Panel

State Government Legal Panel and

·    Local Government Procurement Panel of Approved Legal Services Providers

Local Government Procurement Legal Panel.

2.    That local firms be considered and where appropriate, engaged through Council’s existing procurement policy and procedures for legal services for matters with a value of less-than $50,000 or where local legal representation is required.

 

Executive Summary

Council regularly engages legal firms to support our ordinary operations who have the capacity and expertise to provide legal services in areas including but not limited to:

·    General advice about the Local Government Act (NSW) 1993, as well as other relevant legislation and issues affecting the administration of Council such as Privacy, Access to Information, Public Interest Disclosure investigations, Code of Conduct investigation;

·    Conveyancing;

·    Complex commercial and/or property related projects and ventures;

·    Preparation or review of legal documents;

·    Environmental planning and assessment;

·    Local government prosecutions;

·    Industrial relations and human resource matters;

·    Applications for injunctions;

·    Litigation matters;

·    Telephone advice for urgent and general matters;

·    Ability and preparedness to attend Council premises to deliver in-house training;

·    Contract dispute resolution.

 

A Council Panel of Preferred Suppliers was established to allow Officers to access these types of services easily. This panel will expire in October 2021 and a replacement procurement strategy is recommended.

Background

The current Legal Services Panel was adopted by Council, following a Request for Tender Process (RFT 52/16) in October 2016 by Resolution 182/16:

1.    That the law firms:

•     Marsden’s Law Group

•     Hall and Wilcox

•     Planning Law Solutions

•     Maddocks

•     Swaab

•     Clarke Law

•     Lindsay Taylor Lawyers

be appointed to Council’s Legal Services Panel for a term of five years or until such period of time that an approved legal panel is established by the Canberra Regional Joint Organisation group of Councils (CBRJO) (which ever the lesser)

This Panel will expire in October 2021. Contact has been made with the Canberra Region Joint Organisation (CRJO) who have advised that the option of creating a legal panel for its members has not been pursued on the basis that most Councils preferred a hybrid model where Councils were able to utilise the NSW Procurement panel for large value legal services when needed and also establish a Local Legal Services Panels for their own LGAs.

Local Government Procurement Legal Panel

Local Government Procurement has recently established a Panel of Approved Legal Service Providers (T3.20)  following a rigorous RFT process in the second half of 2020. This process complies with the Tendering requirements of the Local Government Act NSW 1993 and the Local Government Regulations NSW 2005.

The panel arrangements took effect on 1 February 2021. The panel has an initial term of 2 years, with further 3 x 1 year options. The fees and charges under the Panel are very competitive and have leveraged the volume and scale expected of Local Government Procurement Panels.

The panel is available for all NSW local government authorities to procure legal services quickly without requiring a lengthy request to the open market. It includes both metropolitan and regional law firms and is designed to assist councils to utilise local service providers as well as firms with more specialist expertise.

Legal Service Providers on the LGP Panel cover the following Legal Services:

·    01 - Administrative Law

·    02 - Local Government Law

·    03 - Environmental and Planning Law

·    04 - Property Law

·    05 - Property Development Law

·    06 - Building and Construction Law

·    07 - Contract Law

·    08 - Commercial Law

·    09 - Business and Corporations Law

·    10 - Banking and Finance Law

·    11 - Taxation Law

·    12 - Insurance Law

·    13 - Public and Environmental Health Law

·    14 - Industrial Relations and Employment Law

Firms comprising the panel are listed below:

·    BAL Lawyers

·    Bartier Perry Pty Limited

·    CMJ Legal Pty Ltd

·    Commins Hendriks Solicitors

·    Holding Redlich Lawyers and Consultants

·    HWL Ebsworth Lawyers

·    Jenkins Legal Services Pty Ltd     

·    Kell Moore Lawyers

·    Kells The Lawyers

·    Keystone Lawyers Pty Limited

·    Law Quarter Pty Ltd

·    Lindsay Taylor Lawyers – provider on Council’s expiring panel

·    Local Government Legal

·    Maddocks – provider on Council’s expiring panel

·    Marsdens Law Group – provider on Council’s expiring panel

·    Matthews Folbigg Pty Ltd ATF Matthews Folbigg Unit Trust

·    Meyer Vandenberg Pty Ltd

·    Moray & Agnew Newcastle

·    NB Lawyers - Lawyers for Employers

·    Norton Rose Fulbright Australia

·    Proximity Advisory Services Pty Ltd

·    Recoveries & Reconstructions (Aust) Pty Ltd

·    Thomson Geer

The intent from LGP is to establish a limited panel size that includes no more than 15 large multi-disciplined firms located in the greater metropolitan, providing services to all councils across NSW and a limit of up to 5 locally based contractors for each region for the 12 regions in NSW (not including the greater Sydney Metro)

Bega Valley Shire region is made up of the LGA’s of Bega Valley, Eurobodalla, Goulburn Mulwaree, Hilltops, Queanbeyan-Palerang, Snowy Monaro, Upper Lachlan, Yass Valley. There are currently no local Bega Valley legal service providers included in the LGP Legal Services Panel.

Options

Option 1 – Council to Adopt the LGP Legal Services Panel and NSW State Government Legal Panel

Council resolves to engage legal services via the following methods:

·    The NSW Government Legal Services Panel

State Government Legal Panel and

·    Local Government Procurement Panel of Approved Legal Services Providers

Local Government Procurement Legal Panel.

·    Engage local legal services providers on an as needs basis through low value “retainer” contracts for engagements estimated under $50,000 or where local legal representation is required.

This is the recommended option.

Option 2 – Council to run a full tender process

Council could Tender to establish a Panel for a local Legal Services. This would be costly, time consuming and may not yield better value for money results than option 1.

This option is not recommended

Community and Stakeholder Engagement

Engagement undertaken

No external engagement has been undertaken at this stage.

Engagement planned

Option 1 – Council to Adopt the LGP Legal Services Panel

Current Panel Members would be advised of the conclusion of the Bega Valley Shire Council Panel of Approved Legal Service Providers in October 2021.

All legal firms within the Bega Valley Shire Local Government Area to be provided with Council’s adopted procurement policy and procedures and advised of VendorPanel Marketplace for our issuing of RFQs for local legal services.

Option 2 – Council to run a full tender process

If Council wishes to run a full tender process, contact would be made with current panel members to advise them the Tender is open and advertise under its normal processes via VendorPanel as the preferred method of engaging with stakeholders.

This would be a costly and ineffective process due to the recent RFT facilitated by Local Government procurement experts; and a duplication given that local service providers had an opportunity to submit a tender through that process.

Financial and Resource Considerations

Actual Legal Expenses from 2016 to 2021 are summarised in the table below:

2016

2017

2018

2019

2020

2021

TOTAL

$606,159

$470,901

$411,658

$660,614

$574,389

$237,380

$2,961,100

These amounts include all legal expenses across the organisation and are distributed across multiple legal service providers. These do not include legal expenses incurred through insurance claim management.

Legal /Policy

Councils are required to undertake tender processes in accordance with the Local Government Act NSW 1993 and the Local Government Regulations NSW 2005.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

6.11.8:        Develop and implement good governance systems

 

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

6.12.9:        Ensure effective expenditure for purchasing goods and services

6.12.10:      Ensure good governance practices in relation to procuring goods and services

Environment and Climate Change

There is no impact on environment or climate change associated with the management of procurement of legal services.

Economic

There is no negative economic impact on the recommendation of this report. Currently council engages legal services based on specialist area of advice needed. Ad-hoc advice from local suppliers is undertaken; this report recommends that this remains in place, however engagement would be through low-value “retainer” contracts on an as needed basis.

Risk

Council’s access to a panel of legal services providers ensures that legal advice is available quickly to staff via suitably qualified firms with expertise in the wide range of legislation and law under which NSW Local Government operates.  

There is a benefit of not having to undertake the complex and lengthy process of running and assessing legal service tenders.

Using the LGP approved panel may result in cost savings through competitive pricing and rates available through economies of scale provided through Local Government Procurement.

Social / Cultural

There are no social or cultural impacts associated with the management of our legal services procurement.

Attachments

Nil

   

 


Council

21 July 2021

 

Staff Reports –  Finance

 

21 July 2021

 

13.1            Council to act as a guarantor on a loan for the purposes of extending the Eden Killer Whale Museum building............................................................................................... 328


Council 21 July 2021

Item 13.1

 

13.1. Council to act as a guarantor on a loan for the purposes of extending the Eden Killer Whale Museum building     

The report seeks to appoint the Chief Executive Officer of Bega Valley Shire Council as the delegate to execute documents related to Councils guarantee for the purpose of extending the Eden Killer Whale Museum Building.

 

Director Business & Governance  

Officer’s Recommendation

1.    Council delegate authority to the Chief Executive Officer of Bega Valley Shire Council to execute documents related to the guarantee for the Eden Killer Whale Museum building extension loan.

2.    This delegation is based on the in-principle support to act as Guarantor following a due diligence assessment of the required documentation.

3.    Should the due diligence assessment result in a recommendation not to proceed, the Chief Executive Officer will bring a further report to Council for their decision.

 

Executive Summary

The Eden Killer Whale Museum (EKWM) presented a plan for expansion of the museum to Council on 28 April 2021. The project is partially grant funded, however, requires additional external financing of $600,000 to fund potential cost overruns and fit out expenses. The EKWM has asked Council act as guarantor for a loan to cover these costs.

At its meeting on 30 June 2021, Council resolved to give in principle support the EKWM request for Bega Valley Shire Council (BVSC) to act as guarantor for a building extension loan of $600,000 on a principal and interest loan over 15 years.  The Council resolution did not appoint a delegate to execute documents related to the guarantee. 

Background

Council have provided in principle support to EKWM request for Council to act as Guarantor for a loan. The loan aims to secure the funds necessary to complete the extension and fit-out of the facility.

The EKWM has secured a grant for partial funding of the extension and currently has cash available to match the grant funding.

The loan is required to fund any cost overruns and additional fit-out required as part of the extension.

The museum building and facilities are an asset owned by the NSW Government (Crown Land). The museum resides on Crown Reserve lot R62518, for which Council is the Land Manager. The land itself is owned by the State. The land is currently being leased by EKWM from BVSC under a 20-year lease. Council does not own any of the assets related to EKWM.

Options

The recommendation of this report is that Council delegate authority to the Chief Executive Officer (CEO) of BVSC to execute documents related to the guarantee for the Eden Killer Whale Museum building extension loan following an assessment of the documentation required to be provided for progressing the in-principle support.

Community and Stakeholder Engagement

No community or stakeholder engagement is required at this time.

Engagement undertaken

Engagement planned

Financial and Resource Considerations

Legal /Policy

The recommendation of this report is to complete an administrative process. Legal implications of Council becoming a guarantor will be outlined in the borrowing facility.

Council does not have an active policy around loan guarantees for community groups/ organisations within the Bega Valley Shire.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Upgrades to assets related to the museum are not included in any of Council’s strategic plans.

Environment and Climate Change

The are no environment or climate change impacts based on the recommendation of this report

Economic

 The are no economic impacts based on the recommendation of this report.

Risk

There is a financial risk that Council will be liable for the full or partial amount of the loan. This was presented to Council in the report dated 30 June 2021.

Social / Cultural

There are no social impacts as a result of this recommendation to Council.

Attachments

Nil

  


Council

21 July 2021

 

 

Councillor Reports

 

21 July 2021

 

14.1            Biamanga National Park Board of Management.............................................. 331


Council 21 July 2021

Item 14.1

 

14.1. Biamanga National Park Board of Management     

On the 17 June 2021 Cr Bain and I attended the meeting of the Biamanga Board of Management in Narooma.

 

Cr Seckold, Deputy Mayor  

1.    Chair Bunga Smith updated the board noting the Cultural Area is still closed for repairs and restoration after the black summer fires. He is keen to progress dual naming proposals.
Uncle Bunga thanked Kerry Avery for her dedication, she will be replaced for twelve months by Travis Blackburn.
Uncle Bunga was concerned that the Board had not been consulted by Eurobodalla about the large Aboriginal mural in Batemans Bay.

2.    National Parks and Wildlife Service (NPWS) - Kane Weeks, Director South Coast Branch NPWS: Trainee Ranger positions – In July NPWS will offer three new trainee ranger positions – two located in Narooma to support the management of Gulaga and Biamanga National Parks and one in Merimbula. The board will support through ongoing mentoring and the payment of indicative course fees.
Dual Naming Applications - The Geographical Names Board is seeking community comments for Gulaga (Mt Dromedary), Baranguba (Montague Island), Najanuka (Little Dromedary) and Biamanga (Mumbulla).
Biamanga National Parks Board nomination, two approved and one pending.

3.    National Parks and Wildlife Service Eurobodalla Area Manager:

·    Biamanga Ranger position

·    Biamanga Recovery works

4.    Firesticks Southern Coordinator, Dan Morgan:
Dan is supporting and coordinating a Cultural Burns program for Rural Fire Service members from Moruya and Batemans Bay.

5.    Joint Management Officer, Kerry Avery is leaving her current role for twelve months to project manage the post fire condition and ecological assessment of Cultural Sites in Biamanga and Gulaga National Parks. Kerry is also conducting a koala survey and training associated with an upcoming Cultural Burn.
Travis Blackburn will joint manage for twelve months.

6.    Consultation updates and inputs:

·    Water NSW – Regional Water Strategies

·    Neal Albert (Alluvium Consulting)

Catchment management plans

7.    General Business: Dean Turner (The Crossing) Koala Action Network.
Councillors Robin Bain and Liz Seckold thanked for their support.

Attachments

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