Agenda of Council - 3 November 2021

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 Chief Executive Officer 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

3 November 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 20 October 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 Nomination former Kameruka Golf Course as Local Heritage Item........................................ 9

8.2 Finalisation of planning proposal to remove minimum site areas for certain residential development............................................................................................................................... 68

8.3 Endorsement of planning proposal for mixed use development in the B2 Local Centre zone 96

8.4 Finalisation of planning proposal to introduce the South Imlay Street Heritage Conservation Area..................................................................................................................................................... 114

8.5 Support for households in temporary accommodation on bushfire-affected land........ 137

8.6 Finalisation of planning proposal for minor amendments to Bega Valley Shire Local Environmental Plan 2013................................................................................................................................... 141

9 Staff Reports – Community, Culture and Leisure

9.1 Establishment of Bega Valley Shire Awards Committee....................................................... 174

9.2 Draft Affordable Housing Strategy........................................................................................... 194

10 Staff Reports –Economic Development and Business Growth

Nil Reports

11 Staff Reports – Infrastructure Waste and Water

11.1 Proposed acquisition of 43 Red Gum Road, Yellow Pinch.................................................... 522

11.2 Contract for Services for the Management and Operation of Merimbula Airport.......... 531

11.3 RFT 2021-96 Short Point Accessibility Project Construction Contract............................... 535

11.4 Bega Valley Local Traffic Committee........................................................................................ 540

11.5 Road transfer request - DA 2003.95 Stanley Street, Eden................................................... 611

11.6 Funding opportunity for water and sewerage facilities........................................................ 621

11.7 RFT 2122-025 Merimbula Transport Study............................................................................. 629

11.8 Disposal of Narira Village Complex, Cobargo......................................................................... 646

11.9 Acquisition of proposed easements for Bega Water Treatment Plant and Water and Sewerage Services Operations Depot..................................................................................................... 657

11.10 Local Roads and Community Infrastructure (LRCI) 2022 Funding Allocation - Kalaru Streetscape..................................................................................................................................................... 671

11.11 Waste Collection Services Contract Update........................................................................... 714

11.12 Classification of land dedicated to Council at Kalaru............................................................ 719

12 Staff Reports – Governance and Strategy

12.1 Audit, Risk & Improvement Committee End of Term Report.............................................. 724

12.2 Code of Conduct Statistical Reporting 2020/2021................................................................. 744

13 Staff Reports – Finance

13.1 Certificate of Investment September 2021............................................................................. 749

14 Councillor Reports

15 Rescission/alteration Motions

16 Notices of Motion

17 Questions with Notice

17.1 Cr Fitzpatrick - 88B Instruments................................................................................................ 756

17.2 Cr Fitzpatrick- Pambula and Bega Sportsground project timeframe.................................. 758

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........................... 759

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 3 November 2021

Item 8.1

8.1. Nomination former Kameruka Golf Course as Local Heritage Item

This report seeks Council support for the nomination of the former Kameruka Golf Course as a Local Heritage Item and for preparation of a planning proposal to amend the Bega Valley Local Environmental Plan 2013 to list the site as a Local Heritage Item under Schedule 5.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council resolve to support the nomination of the former Kameruka Golf Course to be listed as a Local Heritage Item.

2. That Council staff prepare a planning proposal to amend Schedule 5 of the Bega Valley Local Environmental Plan 2013 to list the former Kameruka Golf Course at Part Lot 1090 DP 1066036 as a Local Heritage Item and 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. That Council advise those who made the nomination and the landowner of Council’s decision.

Executive Summary

Council has received a formal request from a community group to nominate the former Kameruka Golf Course as a Local Heritage Item. This report seeks Council support for the nomination and for preparation of a planning proposal to amend Schedule 5 of the Bega Valley Local Environmental Plan 2013 (BVLEP 2013) to list the former Kameruka Golf Course located on Part Lot 1090 DP 1066036 as a Local Heritage Item.

Background

The former Kameruka Golf Course is located on West Kameruka Road, Kameruka, on part of Lot 1090 DP 1066036. It is approximately three kilometres from the township of Candelo and is part of the Kameruka Estate (Figure 1). The site is zoned RU1 Primary Production.

Figure 1 – Subject land

The site is within a further investigation area under the Bega Valley Rural Residential Strategy 2020 for potential rezoning to rural residential land subject to meeting several planning studies and the planning proposal process.

An interested community group has formally submitted to Council an ‘Assessment of Heritage Significance’ (Attachment 1) for the former Kameruka Golf Course to be nominated as a Local Heritage Item under the BVLEP 2013.

Council’s Heritage Advisor has provided support for this nomination (Attachment 2). The Advisor noted that the Assessment of Significance (Attachment 1) has been carried out by a suitably qualified professional, is consistent with the NSW Heritage Assessment Criteria and satisfies each of the criteria required to meet the threshold for local heritage listing. The Assessment of Significance identifies the heritage significance of the site as follows:

· It is a rare example of a complete ‘penal’ design golf course.

· It has multiple connections to the cultural history of the adjacent Kameruka Estate.

· It is an early example of an integrated tourism venture in Australia including golf course and associated accommodation facilities.

· The golf course holes were named in honour of historical WW1 events and the terrible casualties suffered by the local early pioneer families that further influenced historical developments at Kameruka Estate.

· A historical two-day cricket event was held on a section of the golf course which influenced the name of Kameruka Estate oval.

· The design of the course being influenced by golfing professionals of the era.

· Social associations with locals living at Kameruka Estate, the residents of Candelo and wider local golfing organisations.

· A contemporary importance with a recent article featuring in Golf Australia titled ‘Finding Kameruka’ (March 2021).

Council staff have contacted the owner of the land and a copy of the Assessment of Significance was provided with the consent of the author. The landowner has advised Council that they do not support the nomination for heritage listing. They stated that the site operated as a golf course until approximately 10 years ago; however, it is not economically viable to operate the site as a golf course given the low patron numbers and the cost associated with maintaining the course.

Should the former Kameruka Golf Course be listed as a Heritage Item under the BVLEP 2013, the Heritage Conservation Clause 5.10 of BVLEP 2013 will come into effect and will require development consent for any proposed demolishing, altering, or moving of the heritage item. It will also require development consent for any proposed development such as erecting a building or subdividing land. The consent authority must consider in the assessment of any proposal any potential effects it may have on the heritage significance of the item.

Under the Environmental Planning and Assessment Act 1979 landowner consent is not required to implement changes to BVLEP 2013 and Council can resolve to support the formal nomination of the former Kameruka Golf Course as a Local Heritage Item. The proposal is therefore being presented to Council for its consideration.

Options

Options available to Council are to

1. list the former Kameruka Golf Course as a Local Heritage Item under BVLEP 2013. This is the recommended option as it will ensure the impacts of any future development on the heritage significance of the item is considered during the development assessment process.

2. Alternatively, Council could opt to not include the site as a Local Heritage Item.

Community and Stakeholder Engagement

Engagement undertaken

Council staff have engaged with the landowner and the nominees; however no other community consultation has yet been undertaken regarding this matter.

The nominees have also made a presentation to Councillors on the proposal.

Engagement planned

Community engagement for the planning proposal will be conducted in accordance with Council’s Community Engagement Strategy and Community Engagement and Communications Toolkit. 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. Advertising the planning proposal would be on Council’s website and in writing to the affected landowner.

Financial and Resource Considerations

The preparation of the planning proposal and its public exhibition will be undertaken as part of Council’s regular work program and within the adopted 2021-2022 budget.

Legal /Policy

A planning proposal will be required to be 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) to support the heritage listing.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The nomination of the former Kameruka Golf Course to be listed as a Local Heritage Item supports the following strategic plans:

Bega Valley Shire Community Strategic Plan 2040:

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

Bega Valley Shire Commercial Land Strategy 2040:

· Principal 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.

Bega Valley Shire Local Strategic Planning Statement 2040:

· Planning Priority 7: The natural and cultural assets off the Shire have been enhanced to create a flourishing year-round tourism industry supporting local employment in a wide range of associated businesses.

· Planning Priority 10: The distinctive character of the landscapes, towns and villages that make our Shire unique is thriving and continues to provide a sense of place and wellbeing to residents and attract visitors.

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 nomination of the former Kameruka Golf Course to be listed as a Local Heritage Item will ensure that potential impacts on an element of the Bega Valley Shire’s heritage will be considered as part of future development.

Economic

The protection of heritage is identified Bega Valley Local Strategic Planning Statement 2040 as contributing to social and economic benefits by maintaining the attractiveness of places to visitors.

Risk

Including the site as a Local Heritage Item will ensure any future development is sympathetic to the heritage significance of the site.

Social / Cultural

It is anticipated that the listing of the former Kameruka Golf Course as a Local Heritage Item will have positive social benefits as the protection of heritage contributes to the wellbeing of residents and enhances the community’s sense of identity, which contributes to the wellbeing of residents.

Attachments

1 ⇩. Assessment of Heritage Significance Kameruka Golf Course

2 ⇩. Heritage Advisor Report Nomination of Heritage Listing Kameruka Golf Course

Council 3 November 2021

Item 8.2

8.2. Finalisation of planning proposal to remove minimum site areas for certain residential development

This report seeks a resolution of Council to finalise a proposed amendment to Clause 4.1A of Bega Valley Local Environmental Plan 2013, which relates to minimum site areas for certain residential development.

Director Community Environment and Planning

Officer’s Recommendation

That Council:

1. Finalise the amendment to Bega Valley Local Environmental Plan 2013 as exhibited (Attachment 1) 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) Clause 4.1A ‘Minimum site areas for dwellings, multi dwelling housing and residential flat buildings’ took place between 20 August 2021 and 19 September 2021. One agency submission and 19 public 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 no changes to the exhibited planning proposal are recommended.

Background

A review by Council staff found that Clause 4.1A is a barrier to achieving the aims of the Bega Valley Shire Residential Land Strategy 2040 to increase housing diversity and ensure the best use of available zoned and serviced land, and if amended could also streamline the development assessment and approval process for certain development.

Council officers prepared a planning proposal to amend Clause 4.1A of BVLEP 2013 to remove the minimum site areas for dwelling houses, multi dwelling housing and residential flat buildings in urban residential, village and mixed use zones, which was presented to the Council meeting of 16 June 2021.

In accordance with Council’s resolution the planning proposal was submitted to the NSW Department of Planning Infrastructure and Environment (DPIE) seeking Gateway approval. The Gateway Determination required that the planning proposal be split into two separate planning proposals so that the amendments affecting sewered and unsewered land were considered separately.

In accordance with the Gateway Determination two separate planning proposals were created and exhibited. The planning proposal that is the subject of this report applies only to sewered land. Exhibition of the planning proposal relating to unsewered land is complete and the amendment is currently being finalised by Council staff as no agency objections or community submissions were received.

Options

This report recommends that Council proceed to finalise the amendment to Clause 4.1A of BVLEP 2013 relating to dwelling houses, multi dwelling housing and residential flat buildings on sewered land because it is a barrier to the efficient use of residential land and limits housing diversity. Council could choose not to amend the clause and developers could continue to use Clause 4.6 of BVLEP 2013 to support variations to the development standards it contains.

Community and Stakeholder 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 30 days from 20 August 2021 to 19 September 2021. Exhibition of the planning proposal was notified on the ‘Have Your Say’ page of Council’s website, a media release was published, a notice was placed on Council’s Facebook page and the development professionals’ group was notified by email.

In accordance with the Gateway Determination, consultation also took place with the NSW Rural Fire Service.

Summary of Submissions

One agency submission and 19 public submissions were received in relation to the planning proposal.

A summary of the submissions received is outlined in Attachment 2. The key issues raised in the submissions are outlined below including comment from Council staff.

1) Bush Fire Protection

Issue summary: NSW Rural Fire Service is satisfied that the proposal is not inconsistent with section 9.1 Direction 4.4 Bush Fire Protection Guidelines 2019.

Staff comment: Noted

Recommendation: No change to planning proposal.

2) Support for planning proposal

Issue summary: The planning proposal will preserve agricultural/high environmental land by increasing density of housing around existing population centres, make efficient use of infrastructure and services and provide socio-economic advantages. The current restriction is limiting the ability for more affordable housing options. Increased housing will help solve the homeless crisis in our area. Proposal offers pathways for opportunities and partnerships to increase community and social housing stock and provide affordable independent accommodation.

Staff comment: Noted

Recommendation: No change to planning proposal.

3) Concerns about impacts on amenity and services

Issue summary: Several concerns were raised in submissions including concerns that smaller size building blocks would result in overdevelopment or reduce amenity in villages and towns, that blocks of flats in villages and low-density areas would detract from the reasons for living there or negatively affect land value. Other concerns related to more cars and boats being parked in streets, changes to setbacks and lot sizes, the mental impacts of living too close to other people, the potential for formation of low rental ghettos, reductions in tree canopy and privacy and the potential problems with the provision of water and sewer infrastructure, medical facilities, schools and green play areas to service the increase in population.

Staff comment: Permitted land uses are controlled by the land use table and this planning proposal does not seek to change the land uses that are permitted in each zone. The planning proposal does not include any changes to the minimum lot size that applies to subdivision of land. There are no changes proposed to existing Height of Buildings controls or Floor Space Ratio which combined serve to limit the total floor area based on the size of the lot. The planning proposal does not propose any changes to zoning maps or seek to remove existing planning controls including desired future character statements, setbacks, landscaped area, private open space, view sharing, privacy, onsite car parking, overshadowing and solar access.

The planning proposal will increase the number of units that can be approved on land that is zoned R3 Medium Density Residential and B4 Mixed Use to increase housing diversity and ensure the best use of available zoned and serviced land with capacity for more intensive development. The impacts of each subsequent development application including potential effects on neighbours and the locality will be assessed on a case-by-case basis with each Development Application. Future development may be subject to upgrades to the water and sewer network and contributions will apply towards the provision of public infrastructure.

Removal of the minimum site area development standards in Clause 4.1A is unlikely to result in adverse amenity impacts for the community. Site density is controlled in the R2 and R3 zones through mapped floor space ratio standards. Existing development controls such as minimum landscaping requirements, view sharing considerations, overshadowing controls and similar provisions work to control amenity and character, which will continue to apply when new development is considered. Larger multi-unit developments are also required to meet the requirements of State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development (SEPP 65) and the associated Apartment Design Guideline 2015.

Recommendation: No change to planning proposal.

4) Concerns about the effectiveness of the planning proposal

Issue summary: The planning proposal is unlikely to support housing diversity or more growth close to existing centres because increasing yields will just produce smaller units. The proposal does not align development standards with the strategic direction of the Residential Land Strategy 2040 and may lead to an increase in Clause 4.6 variations to other development controls. Changing one design parameter is unlikely to achieve the intended outcome of diversity. A range of bedroom mixes should be encouraged to increase supply of cheaper housing. Council should focus on implementing the urban renewal plans for Bega, Merimbula and Eden.

Changes to lot sizes/zoning should cater for low income/first home buyers/workers. Regulating short-term rental accommodation is more important than changing minimum site areas. Smaller units will target short-term holiday rentals over owner/occupiers. Vacant land prices will increase as developers enter the market. Need to find an alternative way to address lack of affordable housing. Multi story units are not suitable for the elderly and disabled. Council should increase housing opportunities in rural areas.

Staff comment: Increasing the yields of medium density housing development will increase diversity because it will allow developers to provide the community with a larger variety of unit sizes including greater bedroom mix while still maximising return on investment. Further, the Shire has an undersupply of small dwellings, particularly for single person households and seniors. The evidence base compiled to inform the Strategy identified that the fastest growing age groups in the Shire between 2011-2016 were those between 60-85+ years at over 20% increase in growth. The strategy identifies that smaller dwellings that require less maintenance and are centrally located are essential to meeting the needs of older people and people living with disability.

The planning proposal is one part of a broader scope of work to implement the Residential Land Strategy. Council staff are currently considering a range of other measures to increase housing supply and diversity across the residential zones and will continue to implement the recommendations of the Strategy. Council is also currently undertaking an Affordable Housing Strategy to address the provision of housing for low and very-low-income households.

Currently, the temporary use of a dwelling for short-term rental accommodation (STRA) is exempt development under BVLEP 2013 Clause 6.11. A new state-wide STRA framework is being implemented by the NSW Government, which comes into effect on November 1 and will replace Clause 6.11. Under the new framework it will not be possible for Council to condition that a dwelling cannot be used for STRA.

The planning proposal responds to the unique situation of the Bega Valley Shire identified in the Residential Land Strategy which is that: more housing diversity is needed in all centres; there is a general need for affordable rental housing; and there are limits to opportunities for growth beyond existing urban areas.

It is anticipated that developers of larger multi-storey residential flat buildings are aware of market trends and demographics and will incorporate this information into building design and facilities, which may include single-storey ground floor units and lifts to accommodate elderly residents.

Additional provision of housing in rural areas of the Shire is addressed in the Bega Valley Shire Rural Residential Strategy.

Recommendation: No change to planning proposal.

Engagement planned

No further engagement regarding this matter is planned, other than to advise submitters of Council’s decision in this matter.

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.

Funding source		Amount
General Fund	$	500.00

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 addresses the following goals in the Bega Valley 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 within our Shire that meet local needs.

The planning proposal addresses Goal 4 of the South East and Tablelands Regional Plan 2036 to create environmentally sustainable housing choices and the following directions:

• Direction 24: Deliver greater housing supply and choice

• Direction 25: Focus housing growth in locations that maximise infrastructure and services

• Direction 27: Deliver more opportunities for affordable housing.

Environment and Climate Change

The planning proposal will help Council:

· address the risks associated with climate change that relate to residential development and land use practices, and

· minimise the impacts of future residential development on the environment

by supporting housing growth within existing zoned areas and increasing density in existing urban areas.

Economic

The planning proposal will help ensure there is a diversity of housing within the Shire’s urban areas so that residential development supports continued growth and viability of existing commercial precincts. The provision of diverse and affordable housing options is important for supporting the local workforce.

Risk

Social / Cultural

Implementation of the planning proposal will increase the diversity of housing that will help to better meet our community’s housing needs. Improving housing diversity, particularly smaller dwellings and dwellings suited to older people and people with disabilities that are centrally located, will impact on the affordability of housing and improve opportunities for people to live closer to the goods and services they need.

Attachments

1 ⇩. Planning Proposal: Minimum site areas for dwellings, multi dwelling housing and residential flat buildings

2 ⇩. Summary of Submissions to Planning Proposal: Minimum site areas for dwellings, multi dwelling housing and residential flat buildings

Council 3 November 2021

Item 8.3

8.3. Endorsement of planning proposal for mixed use development in the B2 Local Centre zone

This report seeks a resolution of Council to support a planning proposal to amend Bega Valley Local Environmental Plan 2013 to permit mixed use residential and commercial development in the B2 Local Centre zone.

Director Community Environment and Planning

Officer’s Recommendation

That Council:

1. Support a planning proposal (Attachment 1) to amend Bega Valley Local Environmental Plan 2013 to permit mixed use development with a residential component in the B2 Local Centre zone.

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. 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 have prepared a planning proposal that aims to amend the Bega Valley Local Environmental Plan 2013 (BVLEP 2013) to improve housing diversity and supply within existing town centres and support vibrant town centres.

The outcome of this planning proposal will be that a wider range of housing types would be permitted with development consent within some town centres provided they are incorporated into mixed use developments. This will ensure that active street fronts are maintained in key commercial areas while providing options for accommodation for key workers, business owners and the ageing population behind or above commercial premises.

Background

Council’s adopted Bega Valley Shire Residential Land Strategy 2040 aims to provide housing choices for our local community now and into the future, increase housing diversity and ensure the best use of available zoned and serviced land. The Bega Valley Shire Commercial Land Strategy 2040 recognises the importance of residential development to the economic viability of commercial development to meet changing demand for goods and services, attract new residents and provide opportunities for housing that add vitality and security.

Council officers are currently implementing the recommendations of the Bega Valley Shire Residential Land Strategy 2040 and the Bega Valley Shire Commercial Land Strategy 2040 and have identified an opportunity to amend BVLEP 2013 to encourage appropriate forms of residential development in certain town centres that is consistent with both these strategies.

Commercial land within Bega, Bermagui, Eden, Merimbula, Pambula and Tathra town centres is zoned B2 Local Centre. Currently the only forms of residential accommodation permitted in the B2 Local Centre zone are shop top housing and boarding houses. It is proposed to permit a wider range of housing types within this zone provided that this residential development is incorporated into a mixed-use development that combines a commercial component with residential accommodation. Subdivision of the residential component of the development is proposed to be limited to minimise potential for land use conflict. The aim of this amendment to BVLEP 2013 is to:

· Support housing diversity and supply in the Bega Valley Shire

· Encourage limited, appropriate residential development in town centres

· Improve provision of key worker accommodation

· Promote vibrant town centres

· Protect commercial streetscapes

· Protect opportunities for future redevelopment in the town centre

To achieve this, it is proposed to:

1) amend the Land Use Table for the B2 Local Centre zone to include dwelling house, dual occupancy, multi dwelling housing and residential flat building as uses that are permitted with consent, and

2) introduce a clause into BVLEP 2013 to encourage mixed use commercial and residential development in B2 Local Centre zones while ensuring that streetscapes are maintained and land use conflict is minimised as follows:

6.12 Residential development and subdivision in Zone B2 Local Centre

(1) The objective of this clause is to ensure the commercial viability of centres is maintained and enhanced by encouraging appropriate residential development in town centres.

(2) This clause applies to land in Zone B2 Local Centre.

(3) Development consent must not be granted to development for the purposes of dwelling house, dual occupancy, multi dwelling housing or residential flat building unless it is part of a mixed use development in which the ground floor of the building facing the primary street has an active street frontage and the consent authority is satisfied that it is to be used for the purposes of commercial premises or a health services facility.

(4) Development consent must not be granted under this clause for a subdivision of land that separates the dwelling house, dual occupancy or multi dwelling housing component of the mixed use development from the commercial component

(5) In this clause—

active street frontage means a street frontage that enables direct visual and physical contact between the street and the interior of the building.

Note—

Clearly defined entrances, windows and shop fronts are elements of a building facade that contribute to an active street frontage.

These proposed amendments to BVLEP 2013 are consistent with the existing objectives of the Bega Valley Shire Development Control Plan 2013 relating to mixed use development that aim to:

· Ensure the integration of appropriate housing with retail and commercial uses,

· Maintain residential amenity and preserve compatibility between uses, and

· Increase living densities in and near town centres and encourage a range of dwelling sizes.

The design, amenity, environmental and accessibility aspects of future residential development that may result from this planning proposal will be considered through the development assessment process in accordance with the provisions of the Bega Valley Shire Development Control Plan 2013. This includes the application of existing controls relating to the provision of open space, overshadowing, carparking and landscaping requirements.

Options

This report recommends that Council amend BVELP 2013 to enable mixed use development in the B2 Local Centre zone. Council could choose not to amend the clause and only shop top housing or boarding houses would remain permissible.

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 by email to local development professionals.

Should agency or community feedback to the planning proposal be received, 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 have been undertaken as part of Council’s regular work program and within the adopted 2020-21 budget.

Funding source		Amount
General Fund	$	500.00

Legal /Policy

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The planning proposal addresses the following goals in the Bega Valley 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 within our Shire that meet local needs.

The planning proposal addresses Goal 4 of the South East and Tablelands Regional Plan 2036 to create environmentally sustainable housing choices and the following directions:

• Direction 24: Deliver greater housing supply and choice

• Direction 25: Focus housing growth in locations that maximise infrastructure and services

• Direction 27: Deliver more opportunities for affordable housing.

Environment and Climate Change

The planning proposal will help Council address the risks associated with climate change that relate to residential development and land use practices and minimises impacts of future residential development on the environment though supporting housing growth within existing zoned areas and increasing density in existing urban areas.

Economic

Risk

Implementation of this planning proposal will address the risk of existing housing stock not meeting the needs of our population and will enable future residential development while maintaining the existing character of towns and villages and rural landscapes. The planning proposal will increase the risk of land use conflict in town centres as some existing or future commercial uses may impact the amenity of residents. These impacts can be mitigated to some extent through the application of Bega Valley Development Control Plan 2013.

Social / Cultural

Implementation of the planning proposal will increase the diversity of housing that will help to better meet our community’s housing needs. Improving housing diversity, particularly smaller dwellings and dwellings suited to older people and people with disabilities, will impact on the affordability of housing and improve opportunities for people to live closer to the goods and services they need.

Attachments

1 ⇩. Draft Planning Proposal: Mixed Use Development in the B2 Local Centre Zone

Council 3 November 2021

Item 8.4

8.4. Finalisation of planning proposal to introduce the South Imlay Street Heritage Conservation Area

This report seeks a resolution of Council to adopt an amendment to Bega Valley Local Environmental Plan 2013 to introduce provisions for the South Imlay Street heritage precinct in Eden.

Director Community Environment and Planning

Officer’s Recommendation

That Council

1. Finalise the amendment to Bega Valley Local Environmental Plan 2013 to introduce the South Imlay Street Heritage Conservation Area subject to the revisions detailed in Attachment 1 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

A draft amendment to Bega Valley Local Environmental Plan 2013 (BVLEP 2013) to introduce the South Imlay Street Heritage Conservation Area was publicly exhibited for 30 days from 27 August 2021 to 26 September 2021. Eleven public and one agency submission 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 one minor change to the exhibited planning proposal is recommended.

Background

South Imlay Street Eden is recognised as a significant European heritage precinct with unique heritage character that is visually prominent when viewed from the 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 assess 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 in consultation with staff developed a draft amendment to be introduced to Chapter 2.2 ‘Eden Town Centre’ of Bega Valley Development Control Plan 2013 (BVDCP 2013) to guide future development within the proposed HCA. The draft BVDCP 2013 amendment contains design controls that aim to assist building designers and developers ensure that future development is sympathetic to the heritage precinct, and was considered by Council at the meeting held on 21 July 2021 where Council resolved the following:

RESOLVED on the motion of Crs Allen and Seckold:

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.

In accordance with the Council resolution, the purpose of this report is to outline the feedback received during public exhibition of the draft amendment to BVLEP 2013 and seek a Council resolution to introduce a HCA for South Imlay Street Eden.

Options

This report recommends that Council proceed to finalise the amendment to BVLEP 2013 to introduce a HCA for South Imlay Street Eden. Council could choose not to introduce the HCA and assessment of future development would continue as per Clause 5.10 of BVLEP without the specific guidance over the precinct provided by the adopted amendment to BVDCP 2013.

Community and Stakeholder Engagement

Engagement undertaken

Community engagement on the draft amendment to BVLEP 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 BVLEP 2013 was publicly exhibited for 30 days from 27 August 2021 to 26 September 2021. The proposal was advertised on Council’s website through the ‘Have Your Say’ feature, notification in the Eden Magnet newspaper and in writing to affected and adjoining landowners. In accordance with the Gateway Determination, consultation with NSW Heritage was also undertaken.

Summary of submissions

Eleven public and one agency submission were received in relation to the planning proposal.

A summary of the public submissions received is outlined in Attachment 2. The key issues raised in the submissions are outlined below including discussion from Council staff.

1) Heritage NSW

Issue summary:

Heritage NSW noted that the assessment indicated that the conservation area met the criteria for listing at a local level. Heritage NSW encourages identification and listing of new heritage items and heritage conservation areas in environmental planning instruments where warranted and owners informed.

Staff comment:

The support for the draft amendment to the BVLEP 2013 is noted. All landowners within the proposed HCA were notified directly through mail.

Recommendation: No change to the proposed BVLEP 2013 amendment.

2) Support for proposal

Issue summary:

Nine of the public submissions received were in support of the draft amendment to BVLEP 2013. Overall, the submitters believe that the southern portion of Imlay Street is a precinct that represents Eden’s unique character and showcases the history of the area, contributes to tourism and provides a valuable pedestrian link between 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.

Staff comment:

The support for the draft amendment to the BVLEP 2013 is noted.

Recommendation: No change to the proposed BVLEP 2013 amendment.

3) Opposition to proposal

Issue summary:

Do not support proposal as is inventing something that never was so does not contribute to social or built history. Existing heritage listing on several buildings already protects them and rezoning will put extra restrictions on the land and restrict extra housing. Many of the houses in precinct are not historic tourist areas for viewing. Will cost ratepayers to maintain conservation area.

Staff comment:

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 that accompany the HCA will assist with this process and aid designers and property owners to ensure new development is sympathetic to the character of the precinct.

Recommendation: No change to the proposed BVLEP 2013 amendment.

4) Boundary of proposed HCA

Issue summary:

The boundary of the HCA should be expanded to the north and east as there are many significant, well-kept and used items there as well as well as open space for reflection. Question why HCA applies to some properties in Victoria Terrace but not others and should be treated equally.

Staff comment:

The HCA boundary was created to provide provisions for South Imlay Street Eden, which is recognised as a significant European heritage precinct with unique heritage character. The precinct is also visually prominent when viewed from the 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 to other areas such as along Imlay Street.

Staff undertook a review of the boundary of the proposed HCA in response to the issue raised regarding Victoria Terrace. Only one property fronting Victoria Terrace is included in the proposed HCA , being No 35. It is considered that excluding this property on Victoria Terrace from the draft HCA at this time will not impact on achieving the objectives of the proposal.

Recommendation: It is recommended to exclude the property at 35 Victoria Terrace Eden from the proposed HCA.

Engagement planned

No further engagement regarding this matter is planned, other than to advise submitters of Council’s decision in this matter.

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.

Funding source		Amount
General Fund	$	700.00

Legal /Policy

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The draft amendment to BVLEP 2013 supports 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 BVLEP 2013 is 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 BVLEP 2013 is 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 BVLEP 2013 aims 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 the adopted changes to 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 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 HCA 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 ⇩. South Imlay Street HCA planning proposal post exhibition

2 ⇩. Summary of submissions to South Imlay Street HCA planning proposal

Council 3 November 2021

Item 8.5

8.5. Support for households in temporary accommodation on bushfire-affected land

This report seeks Council support for households in temporary accommodation on land affected by the Black Summer bushfires.

Director Community Environment and Planning

Officer’s Recommendation

That Council:

1. Note that of the 467 dwellings lost in the Bega Valley Shire in the Black Summer bushfires, 34 have been rebuilt to date. Council has received a total of 117 development applications for dwelling rebuilds and issued 112 development consents.

2. Note that the Department of Planning, Industry and Environment relaxed occupation of land for bushfire-affected households to allow them to live in temporary accommodation on their bushfire-affected land for up to two years.

3. Acknowledge that many households affected by the Black Summer bushfires continue to live on their land in temporary accommodation with limited financial, physical, psychological and emotional means to progress redevelopment.

4. Acknowledge the critical shortage of affordable housing in the Bega Valley Shire, which makes access to alternative accommodation difficult.

5. Resolves, for bushfire-affected households occupying their bushfire-affected property, not to progress compliance action in relation to occupation of temporary accommodation on that land for a two-year period from 1 January 2022, providing that:

a) their dwelling was destroyed or severely damaged in the Black Summer bushfire;

b) their land has a dwelling entitlement;

c) they were temporarily occupying their land under the provisions of the NSW Government’s exemption for bushfire-affected people;

d) they are not adversely affecting the quiet enjoyment their neighbours could reasonably expect;

e) their occupation does not present a material risk to the environment;

f) their occupation does not present a material health and safety risk;

g) they have no reasonable prospect of alternative affordable accommodation in the local area; and

h) they are actively working with Council to progress permanent occupation under a valid development consent.

Executive Summary

In response to the Black Summer bushfires, the NSW Government made a number of amendments to the NSW planning framework to support bushfire recovery. One of these measures was to allow temporary occupation of land in the form of a moveable dwelling for a period of up to two years. That period is soon to expire for those who have been occupying land under this provision since soon after the fires.

This report seeks to provide clarity to bushfire-affected residents who are currently occupying their land under these provisions, and their neighbours, about Council’s intentions to allow them more time to re-establish a permanent dwelling on their property, under certain conditions.

Background

The NSW Department of Planning, Industry and Environment amended the Local Government (Manufactured Home Estates, Caravan parks, Camping Grounds and Moveable Dwellings) Regulation 2021 to allow people affected by the Black Summer bushfires to temporarily occupy land. These provisions meant that people could live on land in moveable dwellings for up to two years without development consent.

In the Bega Valley Shire, approximately 60 percent of the Shire was burnt, with more than 600 dwellings and 1,000 other structures either damaged or destroyed. Many of the people living in the 467 dwellings that were destroyed have chosen to remain on their land, in temporary accommodation, under the provisions of Section 77(1)(d) of the Local Government (Manufactured Home Estates, Caravan parks, Camping Grounds and Moveable Dwellings) Regulation 2021. Reasons to do this range from wanting to be on the land to facilitate recovery to having no viable financial alternative. Feedback from Council’s Recovery Support Service indicates that uncertainty about the status of their occupation beyond the initial two year grace period is affecting the wellbeing of some clients.

We know from experience in other jurisdictions and the 2018 fires in the Bega Valley, that recovery takes time, and it is often more than two years before people are in a position to rebuild. This may be due to not being in the right frame of mind to decide on what that permanent arrangement should be, not having sufficient finances to progress redevelopment, or not having access to the physical resources to support redevelopment. This timeframe has been affected by the Covid pandemic and associated economic stimulus, which has increased development pressure resulting in increased assessment processing timeframes, reduced availability of consultants and contractors, and increased cost and reduced availability of materials.

Once the NSW Government’s two-year timeframe expires, those wishing to occupy land are required to seek development consent from Council. Should unauthorised occupation continue, Council has powers to enforce compliance with the NSW planning framework. Council’s usual approach to these issues is, in the first instance, to work with the occupants to develop an agreed process to regularise their occupation of the land, providing a dwelling entitlement already exists. Should agreement not be reached, Council generally initiates compliance action to remedy the breach.

This report seeks to clarify for bushfire-affected people in this situation that Council is willing to work with them over a further two-year period to move through the development assessment process. It also seeks to provide clarity to others about the particular, exceptional circumstances that apply in this situation.

Options

Council has the option to:

1. Provide clarity to bushfire-affected households that are temporarily occupying bushfire-affected land that they have a further two years, with certain conditions, to work towards development consent. This is the recommended action.

2. Continue to apply the usual compliance framework to those who are occupying land without the necessary approvals.

3. Amend the conditions under which Council commits to work towards regularisation of occupation.

Community and Stakeholder Engagement

Engagement undertaken

Council’s Recovery Support Service has provided advice that the majority of its 143 clients continue to occupy their land under the temporary accommodation provisions, and many of these people have expressed concern about their ability to find suitable accommodation once that period expires.

Council’s strategic planning team has engaged with DPIE in relation to regulatory options to allow bushfire-affected residents to continue to occupy land beyond the two-year period provided for under the Local Government (Manufactured Home Estates, Caravan parks, Camping Grounds and Moveable Dwellings) Regulation 2021. Through these discussions, a resolution of Council has been identified as the most appropriate mechanism to achieve the outcome sought.

Councillors were briefed on the proposal at a workshop on 29 September 2021.

Engagement planned

Council’s Recovery Support Service will continue to work with bushfire-affected households to support their recovery, and Council’s development assessment team will continue to prioritise the assessment of bushfire rebuilds.

Financial and Resource Considerations

Legal /Policy

Council is required to discharge its planning duties effectively and ensure that development takes place in an orderly and regulated manner. Council has compliance powers under a range of legislation to ensure this occurs. Council is also obliged to ensure that, through the exercise of its compliance powers, it does not make someone homeless. In practice, Council has some discretion to determine how compliance with planning legislation occurs. The proposal seeks to achieve a compliant, long-term planning outcome by working constructively with bushfire-affected landowners, acknowledging the real challenges they face in working towards that outcome.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposal is consistent with Council’s adopted position to prioritise support for bushfire-affected households. The proposal is also consistent with Council’s adopted policies and guidelines relating to regulatory compliance, including Policy 4.05 Enforcement and Compliance.

Environment and Climate Change

Continued occupation of land in a temporary capacity has the potential for adverse impacts on the environment, particularly in relation to ineffective management of sanitary waste. The proposal provides that compliance action may be taken where there are material impacts on the environment from this proposed extension of temporary occupation.

Economic

There are no material impacts on the economy associated with the proposal. There are likely to be minor economic benefits associated with supporting households to remain in the Bega Valley Shire through these temporary measures.

Risk

The proposal presents some risk to Council that there will be a perceived inequity in the treatment of bushfire-affected households and others occupying land without approval or those who have gone through the development assessment process. The proposal seeks to mitigate these risks by clearly communicating the exceptional circumstances in which many bushfire-affected households find themselves and including a range of limitations on the manner in which an extension of temporary occupation is to be undertaken.

Social / Cultural

The proposal seeks to address the challenges being faced by bushfire-affected households in temporary accommodation on their land by supporting them to remain on their land and within their community as they continue their recovery journey.

Attachments

Nil

Council 3 November 2021

Item 8.6

8.6. Finalisation of planning proposal for minor amendments to Bega Valley Shire Local Environmental Plan 2013

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

Director Community Environment and Planning

Officer’s Recommendation

That Council:

1. Finalise amendments to Bega Valley Local Environmental Plan 2013 subject to the revisions detailed in Attachment 1 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. Notify those who made submissions of Council’s decision.

Executive Summary

A planning proposal to rectify several minor errors and omissions in the maps and wording of Bega Valley Local Environmental Plan 2013 (BVLEP 2013) has been exhibited. The planning proposal (Attachment 1) outlined 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. Public exhibition took place between 3 September 2021 and 3 October 2021. Three agency and no public 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. One minor change to the exhibited planning proposal is recommended and is discussed below.

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 was prepared (Attachment 1). This planning proposal is the fifth minor amendments (or housekeeping) planning proposal prepared by Council since the gazettal of BVLEP 2013. The major components of the exhibited planning proposal are:

· Rectification of zoning, height of buildings, lot size or original holdings maps to reflect current zonings or correct errors affecting thirty-eight parcels of land.

· Amendments to the Heritage Map and Schedule 5 of BVLEP 2013 to include the State Heritage Listed Bundian Way, remove 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.

· Resolution of an inconsistency in BVLEP 2013 between the provisions for secondary dwellings in rural and urban zones created by changes by the NSW Government so that development standards for this type of development can-not be varied in any zone

Options

This report recommends that Council amend BVLEP 2013 to make minor, but important amendments. 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. However, one change to the planning proposal as exhibited is recommended: to remove the proposal to include the Bundian Way on Schedule 5 Heritage list (see discussion below for details).

Council could proceed to finalise the planning proposal without this recommended change and staff could prepare a further planning proposal to amend the heritage listing of the Bundian Way if required in the future.

Council could also resolve not to make these proposed housekeeping changes to BVLEP 2013.

Community and Stakeholder 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 30 days from 3 September 2021 to 3 October 2021. Exhibition of the planning proposal was notified on the ‘Have Your Say’ page of Council’s website and all private landholders were notified directly by post.

In accordance with the Gateway Determination, consultation with NSW Rural Fire Service, Heritage NSW, the Biodiversity Conservation Division and NSW National Parks and Wildlife Service was also undertaken.

Summary of Submissions

No public submissions were received in relation to the planning proposal. NSW Rural Fire Service, Heritage NSW and the Biodiversity Conservation Division did not raise any objections to the planning proposal and NSW National Parks did not respond. However, the following issue was identified by Council staff during the exhibition:

Bundian Way heritage listing

Issue summary: The Heritage Council of NSW commissioned an independent report in response to concerns about the Aboriginal cultural heritage values expressed in the Bundian Way State Heritage Register Listing. The report has now been published and the Heritage Council is conducting consultation and has not yet made a determination about whether to amend the current State Heritage listing.

Staff comment: All other current State Heritage listings and Aboriginal Places are listed in the Heritage Schedule of BVLEP 2013 as a formality. Advice from representative of both the Eden Local Aboriginal Land Council and Heritage NSW is for Council not to proceed with heritage listing of the Bundian Way in BVLEP 2013 at this time. Therefore, it is considered prudent not to list the Bundian Way in the Heritage Schedule of BVLEP 2013 until the Heritage Council of NSW has reached a decision regarding the State Heritage Register Listing.

Recommendation: That the proposal to place the Bundian Way on the Heritage Schedule of BVLEP 2013 be removed from this planning proposal and reconsidered following the Heritage Council of NSW’s decision. This recommendation is shown as tracked changes in Attachment 1.

Financial and Resource Considerations

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

Legal /Policy

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 ⇩. Minor Amendments Planning Proposal Post Exhibition

Council 3 November 2021

Item 9.1

9.1. Establishment of Bega Valley Shire Awards Committee

This report seeks a Council resolution to establish the Bega Valley Shire Awards Committee and appoint members to that committee.

Director Community Environment and Planning

Officer’s Recommendation

That Council:

1. Resolve to establish the Bega Valley Shire Awards Committee, with membership as identified in the Bega Valley Shire Awards Committee Guidelines (Attachment 1).

2. Delegate to the Bega Valley Shire Awards Committee the power to confer awards on behalf of Council, in accordance with Attachment 1.

3. Appoint Councillor <insert name> and Councillor <insert name> to the Awards Committee.

4. Appoint <insert name> and <insert name> to the Awards Committee as community members.

5. Note that this Committee is formed ahead of the 2021 local government election in order to confer Council’s annual Australia Day awards, and that a new committee will be established at a Council meeting early in the term of the next Council.

Executive Summary

Council has resolved in July 2021 to establish a new Awards Committee to replace the current Scholarships and Awards Committee. Due to the deferral of the local government election from September 2021 to December 2021 it is necessary to establish this committee ahead of the next term of Council in order to confer the annual Australia Day awards.

Background

At its meeting of 21 July 2021 Council resolved to amend its grants, awards and scholarships programs as follows:

RESOLVED on the motion of Crs Seckold and Allen

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.

In favour: Crs Fitzpatrick, Nadin, Griff, Seckold and Allen

Against: Nil

Absent: Crs Bain and Dodds

Due to the deferral of the local government election, it has not yet been possible to establish this committee in the new term of the Council. As Council has resolved to hold one major awards ceremony on Australia Day each year and the new Council will not meet until 12 January 2022, it is necessary to establish the Awards Committee in this term of the Council in order to assess nominations for Council’s Australia Day awards.

Options

Options available to Council are to:

1. Establish a new Awards Committee and appoint members to it, so that the committee can assess nominations for the 2022 Bega Valley Shire Australia Day awards. This is the recommended option.

2. Request Council’s Awards and Scholarships Committee assess the 2022 Australia Day Awards. This is not recommended as this committee does not have delegation to award the Bega Valley Medallion.

3. Not confer 2022 Bega Valley Shire Australia Day Awards.

Community and Stakeholder Engagement

Engagement undertaken

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. This feedback indicated strong support for the community grants program and overall support for the proposed changes.

Council officers have engaged with members of the former Bega Valley Medallion Committee to identify the two community members recommended to be appointed to the new Awards Committee.

Council officers have commenced advertising for nominations for Council’s 2022 Bega Valley Shire Australia Day Awards.

Engagement planned

Council will engage with those who are awarded an annual Australia Day award, and will promote the Australia Day event.

Financial and Resource Considerations

Establishment and operation of committees of Council is part of the regular business of Council. Resources to support the proposed Awards Committee are included in Council’s annual budget and Operational Plan.Legal /Policy

Section 355 of the Local Government Act 1993 provides that the exercise of certain functions of a Council may be undertaken by a committee of the Council. The conferral of awards is a function that is able to be delegated to a committee of the Council.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposal described in this report is consistent with Council’s resolution of 21 July 2021.

Environment and Climate Change

There are no direct environment and climate change implications associated with the proposal to establish an Awards Committee.

Economic

There are no direct economic implications associated with the proposal to establish an Awards Committee.

Risk

The establishment and operation of committees of Council are part of the regular business of Council. The proposal does not introduce any new risks to Council.

Social / Cultural

The Awards Committee seeks to recognise achievements of members of the Bega Valley community.

Attachments

1 ⇩. Bega Valley Awards Committee Guidelines 2021

2 ⇩. Bega Valley Shire Awards and Scholarships Committee Guidelines 2018

Council 3 November 2021

Item 9.2

9.2. Draft Affordable Housing Strategy

This report seeks a resolution of Council to publicly exhibit a draft Affordable Housing Strategy for the Bega Valley Shire.

Director Community Environment and Planning

Officer’s Recommendation

That Council:

1. Publicly exhibit a draft Affordable Housing Strategy (Attachment 1) and associated Background Information (Attachment 2) for not less than 60 days.

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

Executive Summary

Development of an Affordable Housing Strategy for Bega Valley Shire is a priority action for Council, as identified in the 2021-2022 Operational Plan. A draft Strategy has now been developed for community consideration prior to finalisation.

Background

Bega Valley Shire is predominantly rural, with a number of towns and villages that house approximately 70% of the population. Housing stock is relatively uniform, with 80% single dwelling houses. A significant proportion (17.5%) of the Shire’s housing stock is unoccupied, rents are rising and 35.4% of households are in rental stress.

Addressing the particular housing needs of the Bega Valley community is a key focus for Council. All levels of government have a role to play in creating the policy settings and policy framework that support people wherever they are on the housing continuum. Council has recently adopted a Local Strategic Planning Statement, Residential Land Strategy, Rural Residential Strategy and Commercial Land Strategy, which all seek to promote housing diversity and affordability. Council has also recently adopted a Climate Resilience Strategy, which recognises the need for housing stock to be built to withstand the range of natural hazards to which the Bega Valley Shire is exposed.

The adopted housing vision for the Shire is:

Our residential areas provide housing choices for our local community now and into the future Objective

The draft Affordable Housing Strategy provides a framework to respond to housing need in the Bega Valley Shire to 2040. The draft Strategy aims to:

· Clearly articulate the role of various actors in delivering affordable housing in Bega Valley Shire and opportunities for collaboration among those actors

• Identify short, medium and long-term strategies, for Council and other key actors, to support housing development that is suitable for our growing population, ageing community and changes in household structure

• Identify key performance indicators to monitor housing affordability and implementation of the strategy

• Aligns with Federal and NSW policy, including consideration of proposed changes to housing policy currently underway in NSW.

Council also resolved at its meeting of 4 August 2021 to recognise that Bega Valley Shire is currently experiencing a crisis in housing, which is having profound impacts on people across the housing continuum.

Options

Options available to Council are to:

1. Publicly exhibit the draft Affordable Housing Strategy provided in Attachment 1 and associated Background Paper (Attachment 2). This is the recommended option.

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

3. Not exhibit a draft Affordable Housing Strategy. This is not recommended as Council committed to develop such a strategy to address housing affordability across the Shire.

Community and Stakeholder Engagement

Engagement undertaken

The draft Strategy was developed with oversight by a Project Reference Group comprised of a Councillors, representatives from Southern Cross Housing, Social Justice Advocates and Regional NSW and Council staff. Further engagement has been undertaken with key representatives of the local affordable housing group, government and non-government housing agencies, real estate agents and the development industry through workshops and engagement pieces.

Councillors have participated in three briefings on the project: one to consider the project plan and consultant’s brief, one to consider the Background Paper and one to consider the draft Strategy.

Engagement planned

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

Financial and Resource Considerations

Resources to develop the Strategy are included in Council’s adopted 2021-2022 budget and operational plan.

Expenditure Detail	$ Excl GST
Development of Strategy (General Fund)	$30,000

The draft Strategy includes a range of recommendations that have potential resource implications for Council, including further amendment of Council’s planning instruments, direct investment to increase the supply of affordable housing stock, collaboration with key stakeholders working in the affordable housing space and advocacy to higher levels of government. These activities will require allocation of resources, which will be considered as part of Council’s annual budget process. Specific investment in housing stock will involve detailed feasibility study prior to commitment of funds.Legal /Policy

Legal and policy options to deliver improved housing outcomes for the Shire have been considered in the draft Strategy and Background Paper.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The draft Strategy directly supports implementation of Council’s adopted Strategic Land Use Plan and Residential Housing Strategy.

Environment and Climate Change

There are no material environment and climate change impacts associated with the proposal to exhibit the draft Strategy. Housing development has the potential to adversely affect the environment. The specific environmental and climate change impacts, and risks from the environment to occupants of residential housing, associated with that development are considered as part of the development assessment process.

Economic

There are no material economic impacts associated with the proposal to exhibit the draft Strategy. The lack of affordable housing in the Shire presents a material risk to the labour market, with many employers reporting difficulty in recruiting labour due to the shortage of suitable housing.

Risk

Exhibiting strategies is a core activity of Council and does not introduce any new risks. A number of measures proposed in the draft Strategy, such as direct investment in development of affordable housing and capturing some of the value around uplift in value of land, are new activities for Council. Measures to mitigate the risks around these proposed activities would be developed at the detailed planning stage.

Social / Cultural

Availability of housing for people on low, very low and moderate incomes in the Bega Valley Shire is at a crisis point. The measures proposed in the draft Strategy seek to support an increase in diversity of housing stock to meet the needs of people who live and work here.

Attachments

1 ⇩. Draft Affordable Housing Strategy

2 ⇩. Affordable Housing Background Paper

Council 3 November 2021

Item 11.1

11.1. Proposed acquisition of 43 Red Gum Road, Yellow Pinch

Council approval is being sought to formalise the acquisition of Lot 882 in DP789858 situated at 43 Red Gum Road, Yellow Pinch for the purpose of constructing a Water Treatment Plant.

Director Assets and Operations

Officer’s Recommendation

1. That Council acquire Lot 882 in DP789858 situated at 43 Red Gum Road, Yellow Pinch (Property) for the purpose of constructing a Water Treatment Plant on that property.

2. The Chief Executive Officer be delegated authority to negotiate with the owners of the Property for the acquisition of the Property by agreement as outlined in this report.

3. If the acquisition of the Property cannot be negotiated by agreement with the owners within a reasonable time, Council acquire the Property by compulsory process under the Land Acquisition (Just Terms Compensation) Act 1991 pursuant to sections 186 and 187 of the Local Government Act 1993, and do all things supplemental or incidental to, or consequential for, that purpose.

4. Following acquisition of the Property by Council, Council grants a lease of the Property back to the former owners for a period of up to two (2) years pending Council requiring possession of the Property to construct and operate the Water Treatment Plant.

5. Council affixes the Seal of Council to any documents required to be sealed relating to the acquisition of the Property and that authority be delegated to the Mayor and Chief Executive Officer to execute those documents.

6. That upon acquisition, Council gives notice of its intention to classify Lot 882 in DP789858 at 43 Red Gum Road, Yellow Pinch as operational land under section 34 of the Local Government Act 1993 (NSW).

7. Authority be delegated to the Chief Executive Officer to execute on behalf of Council any documents associated with the acquisition of the Property not requiring the affixing of the Seal of Council.

Executive Summary

Lot 882 in DP789858 situated at 43 Red Gum Road, Yellow Pinch (Property) has been identified by Council officers as a suitable location for the development of the Yellow Pinch Dam Water Treatment Plant (YPD WTP) which is identified in the current Operational Plan as a project to supply potable water to the towns connected to the Tantawanglo-Kiah water supply system.

While the Chief Executive Officer and/or their delegate may make preliminary enquiries regarding a possible purchase, no negotiations can commence without a resolution of Council being made, authorising negotiations to take place.

Background

The development of the YPD WTP has been identified in the current Operational Plan. This project commenced in 2019 when Council was successful in securing $75,000 in grant funding from the Safe and Secure Water Program from Restart NSW.

The project intention is to develop a new YPD WTP to supply potable water to the towns connected to the Tantawanglo-Kiah water supply system. The Tantawanglo-Kiah water supply system is owned and operated by Council. It services the areas of Merimbula, Tura Beach, Pambula Beach and Pambula. Water is also pumped to Candelo, Wolumla and rural properties when needed. This water is currently disinfected by chlorine only. The Yellow Pinch Dam is also supplemented by bore water from Bega via a 20 km pipeline. The current treatment (chlorination only) will not meet proposed health-based targets for drinking water (WSSA Health Based Targets Manual, October 2015).

The project is currently being undertaken in 2 stages:

· Stage 1 – Scoping study.

· Stage 2 – Process options assessment, site investigations and reference design.

Water treatment plant site selection

As part of Stage 1 of the project, several areas have been identified as potential YPD WTP sites as shown in figure 1 below. These options were developed primarily by identification of flat areas of land which are:

· On (or near to) the hydraulic grade line for gravity flow to minimise pumping and energy use; and

· Near an existing main transfer pipeline from YPD to Merimbula to minimise pipeline connections.

Preliminary investigations undertaken by the consultant, GHD, in consultation with Council eliminated some sites based on the estimated infrastructure cost as shown in red in figure 1 below.

Figure 1 – areas of interest

Landowner consultation

The following properties as listed below in table 1 were identified for further environmental and cultural heritage assessment. Each landowner was contacted and a permit to enter from property owners was sought for these purposes.

Landowners at number 43, 71 and 109 Red Gum Road, Yellow Pinch indicated their willingness to enter into discussions with Council. Valuations were subsequently ordered for these properties.

Lot	DP	Owner	Street number	Street name	suburb
Various – Easement Site and Chlorinator Site		National Parks
50	826788	W Baldry & CA O'Neill	2467	Princes Highway	Yellow Pinch NSW 2548
11	883378	R Bradley	109	Red Gum Road	Yellow Pinch NSW 2548
882	789858	SP Dunmall	43	Red Gum Road	Yellow Pinch NSW 2548
881	789858	CS Hetherington	71	Red Gum Road	Yellow Pinch NSW 2548

Table 1 – Landowner details of sites for environmental and cultural heritage assessment

Environmental and cultural heritage assessment of identified sites

Biodiversity assessments and cultural heritage assessments have been undertaken for the shortlisted sites as shown in figure 2 below.

Figure 2 – Land identified for environmental and cultural heritage assessment

Biodiversity constraints were classified into classes based on conservation significance and sensitivity to impacts arising from development and mapping was provided for each site.

Net present cost analysis

GHD have developed high-level capital and operating cost models for the purpose of comparing sites. The net present cost models will endeavour to incorporate all elements that can be monetised (e.g. risk, biodiversity offsets etc.) and an assessment has been undertaken of carbon emissions associated with electricity (pumping) costs for each site, relating this to the carbon sequestered per hectare of trees.

The initial cost assumptions have been refined following the findings of the environmental and cultural heritage assessments and the land valuations.

The multi-criteria analysis revealed the preferred site to be Lot 882 DP 789858, 43 Red Gum Road, Yellow Pinch as shown in figure 3 on the basis of lowest net present cost, ease of acquiring site, minimal impact on neighbours, Council’s objective to achieve higher level of energy efficiency, and ease of access for operators due to the nature of works required to upgrade the existing access.

Whilst the site presents a moderate to high constraint classification in the analysis, a conservative approach has been taken to estimate that amount of clearing required to achieve the Asset Protection Zone (APZ) with a buffer of 50m applied around the proposed structures (drying beds proposed to be located within the APZ) and the ability for the design to be reconfigured utilising more of the existing cleared areas within the site to further reduce the impact on biodiversity if required.

A rezoning of the Property is required as its existing E3 Environmental Management zone prohibits the development of YPD WTP. The introduction of a SP2 Infrastructure zone is proposed to permit the development without consent in accordance with the State Environmental Planning Policy (Infrastructure) 2007. The Property is approximately 8 hectares in total area, the indicative footprint of the development assumes an area of approximately 2 hectares, thereby limiting the amount of surplus land (proposed to remain E3 zone) that Council would be required to manage when compared to the other site options. This is demonstrated in the attached YPD WTP site selection sensitivity analysis.

Figure 3 – Concept layout proposed for Lot 882 DP 789858, 43 Red Gum Road, Yellow Pinch

Options

The options available to Council are:

1. Proceed with the acquisition of Lot 882 DP 789858 at 43 Red Gum Road, Yellow Pinch by agreement as outlined in this report.

2. Advise the landowners that Council does not agree to progress the acquisition of Lot 882 DP 789858 at 43 Red Gum Road, Yellow Pinch as outlined in this report. Noting this option will delay delivery of the project and Council officers consider this site to be the most suitable location for the development of the YPD WTP.

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

Community and Stakeholder Engagement

Engagement undertaken

This stage of the project is aligned with the ‘inform’ level of engagement and was undertaken in close collaboration with BVSC’s communications team. The following communications were undertaken:

· Media Release dated 25 January 2021.

· Social Media coverage (week commencing 25 January 2021).

· Meetings held with affected landowners, with permission sought from Council officers to access private properties (Permit to Enter for the purposes of initial investigations for the development of a YPD WTP were signed by landowners).

· Written and phone contact was made with potentially affected landowners (some onsite meetings held).

· Landowners of 43, 71 and 109 Red Gum Road, Yellow Pinch indicated that they would consider selling their land to Council for the purposes of the development of the YPD WTP. Valuations were ordered on these properties.

· Onsite meetings were later held with landowners of 43 and 71 Red Gum Road, Yellow Pinch as the most preferred sites to discuss land valuations and the land acquisition process.

· Negotiations ceased with the landowner of 71 Red Gum Road, Yellow Pinch as they advised they were no longer interested in selling their land.

· Negotiations are continuing with the landowner of 43 Red Gum Road, Yellow Pinch.

Engagement planned

As this project advances, the level of engagement will progress to inform, consult, and involve the community on a medium to large scale. The following engagement activities are proposed:

· Media releases and social media coverage to inform the broader community of the projects progress.

· All affected parties will be kept updated of the site selection and progress of the project in due course.

· Neighbouring landholders will continue to be consulted as site investigations continue on the selected site.

· Further media releases to the Tantawangalo-Kiah water supply customers as the design develops are also proposed.

· Council officers will also continue engagement with NSW Department of Planning, Industry and Environment (DPIE) through the rezoning process and Section 60 approval process and for design review and input.

· Engagement with councillors following calling for tenders for the design and construction of the plant.

· Engagement with funding partners should Council be successful in securing additional funding for the design and construction.

Financial and Resource Considerations

Following a formal Request for Quotation process a market valuation was obtained from IPN Valuers to determine the compensation payable to the landowner for the proposed acquisition of the Property for the purpose of constructing YPD WTP pursuant to the provisions of the Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act).

Following preliminary discussions with the landowner regarding the proposed acquisition the landowner obtained a further valuation from Walsh and Monaghan Valuers. A copy of both valuation reports are attached for the information of councillors.

Preliminary discussion subject to formal approval by Council resolution have taken place on the following basis:

· Council to pay compensation in respect of the market value of the Property as determined by the Walsh and Monaghan Valuation dated 1 September 2021;

· Council to pay the landowner an additional $40,000.00 in acknowledgement of the disadvantage arising from relocation due to the purchase of the Property;

· Council to be responsible for legal and valuation costs of the acquisition capped at $7,500.00;

· Council to be responsible for the landowners costs incurred with relocation into a new dwelling (excluding mortgage and stamp duty costs), such a removalists fees, legal costs in the purchase of a new dwelling and the like, capped at $7,500.00;

· Council to be responsible for the payment of stamp duty incurred in relation to the purchase of a replacement dwelling within two (2) years of the Council resolution, but not exceeding the amount that would be incurred for the purchase of land of equivalent value to the Property (i.e. a parcel of land valued at market value of the Property as determined by the Walsh and Monaghan Valuation dated 1 September 2021). Council would only be responsible for these stamp duty costs where the land is to be owned and occupied by the landowner, and not used as an investment property;

· Council to be responsible for reasonable fees incurred in relation to the discharge of the mortgage over the Property; and

· Council to lease the premises back to the landowner for up to two years, with a six-month rent-free period immediately after settlement of the purchase, and the rent thereafter to be the subject of a further valuation.

Council Property officers and external legal panel providers will be required to finalise the relevant documentation to complete any acquisition process.

Legal /Policy

As the proposal is to acquire the entire parcel of land it is proposed that the acquisition will proceed by a contract of sale from the landowner to Council. It is proposed the Property be acquired by agreement, therefore the compensation provisions in Part 3 of the Just Terms Act have been considered. This means that it is not strictly necessary to go through each of the section 55 matters, or each of the section 59 heads of disturbance, or to offer a specific payment in respect of solatium (also called the disadvantage arising from relocation) but Council officers have taken this into consideration when having preliminary discussions with the landowner.

The Centre for Property Acquisition have also provided Council officers with guidance in respect to the various heads of compensation in the Just Terms Act which formed part of the above-mentioned discussions with the landowner.

Section 60(3)(d) of the Just Terms Act, states that one of the matters to be considered in assessing solatium is the ‘period after the acquisition of the land during which the person has been (or will be) allowed to remain in possession of the land’. In this case there is a significant period of continued possession, with a rent-free period proposed. This is a benefit to the landowner (who may remain in possession of the property) which justifies some reduction in the amount of solatium from the maximum amount allowed by the Just Terms Act. The proposed rent-back arrangement also lessens any inconvenience related to the acquisition, which is relevant to section 60(3)(c) of the Just Terms Act.

In accordance with Council’s Acquisition and Disposal of Land Procedure, any acquisition is to be benchmarked to an independent market valuation from a registered valuer. In some cases, there will be justified reasons for Council acquiring property at a price above the valuation benchmark to achieve goals and objectives of the Council, or to acquire the land or interests with a view to adding value (or reducing risk) to a larger scheme or development.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The development of the YPD WTP is identified in the current Operational Plan:

· 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 need. Operational Plan 2021-2022 Project Delivery Program:

o 4.8.8- Deliver water supply and sewerage system capital works (upgrade and new);

o 4.8.8.4 Finalise site selection and land procurement for the Yellow Pinch Dam Water Treatment Plant.

Environment and Climate Change

All shortlisted sites were surveyed by New South Wales Archaeology in February 2021. A representative of the Bega Local Aboriginal Land Council (Bega LALC) was also present at the survey. Survey of all the identified sites was undertaken with no Aboriginal objects being identified. As no items have been identified at any of the sites, they were all considered to have very low to negligible archaeological potential.

Refer to Section 10 Environmental Constraints in the Scoping Study Report attached.

Economic

There are no additional economic matters associated with the proposed acquisition of the Property that are not already addressed in this report.

Risk

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

Social / Cultural

There are no social / cultural matters associated with the proposed acquisition of the Property that are not already addressed in this report.

Attachments

1 . IPN Valuation Report for acquisition of 43 Red Gum Road, Yellow Pinch (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) 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 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.

2 . Walsh and Monaghan Valuation Report for acquisition of 43 Red Gum Road, Yellow Pinch (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

3 . Yellow Pinch Dam Water Treatment Plant site selection sensitivity analysis (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

Council 3 November 2021

Item 11.2

11.2. Contract for Services for the Management and Operation of Merimbula Airport

This report has been prepared to update Council on the Contract for Services for the Management and Operation of Merimbula Airport and to recommend an extension of the existing contract for a further 12 months based on current contract costs.

Director Assets and Operations

Officer’s Recommendation

That Council approve a further one year extension of the Contract for Services for the Management and Operation of Merimbula Airport to 31 March 2023 with Merimbula Airport Operations.

Executive Summary

The Management and Operation of Merimbula Airport is currently undertaken by Merimbula Airport Operations. The Contract for Services for the Management and Operation of Merimbula Airport commenced on 1 April 2019 and the initial two-year term expired on 31 March 2021. The option to extend for a further 12 month was exercised with the current contract due to expire on 31 March 2022.

A key component of the success of the current infrastructure works on the runway and general aviation precinct, is the management of the airport during these works to ensure it remains operational, adheres to the relevant aviation legislation and is delivered in a safe manner.

It is recommended that Council approve a further one-year extension of the current Contract for Services for the Management and Operation of Merimbula Airport to 31 March 2023 with Merimbula Airport Operations.

Background

At the Council meeting of 13 December 2017 Council resolved:

Council enter into negotiations to extend the existing Contract for Services for the management of Merimbula Airport for an additional two (2) years in accordance with existing contract documentation RFT 48/16 with Airport Agencies.

Council officers commenced negotiations with Airport Agencies to extend the existing Contract for Services and on 3 May 2018, the Director of Airport Agencies formally advised his intention to resign as the airport operator by 31 December 2018.

Merimbula Airport Handling who at the time undertook several aspects of the management and operation of the airport under a sub-contract arrangement with Airport Agencies approached Council on 5 June 2018, expressing their interest in assuming the responsibilities, obligations and activities for the management and operation of the Airport.

Subsequently Council resolved on 31 October 2018:

Council enter into negotiations with Merimbula Airport Handling for the Operation and Management of Merimbula Airport for a contract for two (2) years with an option to extend a further one (1 year) until the runway and terminal extension works are completed in accordance with existing contract documentation RFT 48/16.

A formal Contract for Services for the Management and Operation of Merimbula Airport was entered into with Merimbula Airport Operations, a separate company formed by Merimbula Airport Handling, to manage and operate the Merimbula Airport.

The contract commenced on 1 April 2019 and the initial two-year term expired on 31 March 2021. The option to extend for a further 12 month was exercised, with the current contract due to expire on 31 March 2022.

The current infrastructure upgrade projects at Merimbula Airport are now due to be completed in mid-2022, which includes the runway extension, the existing runway overlay and the general aviation precinct. A key component of the success of these infrastructure projects is the management of the airport during these works to ensure the airport remains operational, adheres to the relevant aviation legislation and is delivered in a safe manner.

Merimbula Airport Operations are a key part of the overall project delivery team. Undertaking a tender and the potential need to transition to a new operator during this period could have serious operational and safety consequences for the ongoing operation of the airport.

It recommended that Council approve a further one-year extension of the current Contract for Services for the Management and Operation of Merimbula Airport to 31 March 2023 with Merimbula Airport Operations.

Options

There are several options available to Council each with their own set of risks. The main options available in broad terms are:

1. Council seek to take over full management and operations at the airport and manage the interface with the current infrastructure upgrade works, including managing all aspects of the airport, which would include training and recruiting staff with the necessary qualifications and experience. Not recommended

2. Council proceed to tender for the management and operation of the airport and manage the associated risks and the potential need to transition to a new operator during this period, including managing the interface with the current infrastructure upgrade works and maintaining an operational airport. Not recommended

3. Council approve a further one-year extension for current Contract for Services for the Management and Operation of Merimbula Airport to 31 March 2023 with Merimbula Airport Operations. Recommended

Community and Stakeholder Engagement

Engagement undertaken

No community and stakeholder engagement has been undertaken in regard to this matter.

Engagement planned

No community and stakeholder engagement is planned to be undertaken in regard to this matter.

Financial and Resource Considerations

Merimbula Airport seeks to offset the cost of operating and maintaining the airport through user charges, via the adopted Fees and Charges on Regular Passenger Transport (RPT) providers through passenger landing fees. This income received from RPT services is directly proportional to passenger numbers at Merimbula Airport.

Council currently receives income from passenger landing charges for all passengers landing and departing at Merimbula Airport as listed in our adopted Fees and Changes. Prior to the COVID-19 Pandemic, the annual income was approximately $600,000 (excluding GST) based on passenger numbers of 60,000. Council also generates income from landing fees and aircraft daily parking charges for both recreational and commercial aircraft usage, as well as from leases and licences for the use of airport land.

Council has several fixed costs associated with running the airport to adhere to aviation legislation, including maintenance activities and the costs associated with the Contract for Services for the Management and Operation of Merimbula Airport. These costs are budgeted to be offset by the income generated from Airport usage in accordance with Council’s adopted Fees and Charges.

Please note the income projections above are based on a normal operational environment and the COVID-19 Pandemic has impacted upon the income generated by Fees and Charges

Legal /Policy

The 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.

Council currently holds the Aerodrome Certificate in accordance with CASA Regulations and is required to appoint Approved Person(s) with the necessary experience of aerodrome planning, maintenance and operation.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Merimbula Airport is a critical element of Council’s transport strategic direction. Its management, and the provision of Regular Passenger Transport (RPT) services into the future will be critical to ensure the best outcomes for the community.

The ongoing operation and management of Merimbula Airport is consistent with several key strategic directions set by Council as part of the Community Strategic Plan:

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.

The ongoing management and operation of the Merimbula Airport 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.

Environment and Climate Change

Merimbula Airport is located in an environmentally sensitive area, between Merimbula Lake to the west and bushland areas to the east of Arthur Kaine Drive, where extensive foreshore dunes form part of Merimbula Beach.

There are also wetland areas to the south, south west and east of the runway and within the Airport site itself. These areas are environmentally significant wetlands and are identified in SEPP14 and are a key constraint on the master planning of the site.

The ongoing management and operation of Merimbula Airport is key in managing these environmentally sensitive areas and balancing this with the operational requirements of an Airport.

Economic

The economy of the Bega Valley has been traditionally dominated by primary industry including agriculture, forestry, and fishing. While these industries are still significant, a number of other key sectors have developed, in particular 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

A key element of managing risk in regard to Merimbula Airport is ensuring that Council appoints Approved Person(s) with the necessary experience of aerodrome planning, maintenance and operation.

The extension of the existing Contract for Services for the Management and Operation of Merimbula Airport seeks to manage this risk by ensuring continuity of the management of the airport during these major infrastructure upgrades.

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.

Attachments

Nil

Council 3 November 2021

Item 11.3

11.3. RFT 2021-96 Short Point Accessibility Project Construction Contract

This report details the evaluation outcome of Request for Tender (RFT) 2021-96 Construction Works Contract for Short Point Accessibility project.

Director Assets and Operations

Officer’s Recommendation

1. That Council accepts the recommendations outlined in the Confidential Attachment.

2. That authority is delegated to the Acting Chief Executive Officer to execute all necessary documentation in relation to RFT 2021-96 Short Point Accessibility Project construction works.

3. That the tenderers and the project stakeholder group be advised of Council’s decision.

Executive Summary

The Short Point Accessibility project is part of the “Bega Valley Shire – A Destination for All” initiative and is being delivered under the Restart NSW Fund. The overarching objective of the project is to improve visitor safety and accessibility at the site. The Destination for All program includes projects at three sites in the Shire; Bruce Steer Pool in Bermagui, Pambula Beach Reserve in Pambula, and Short Point in Merimbula.

Works at Bruce Steer Pool and Pambula Beach have been completed. This report presents the outcome of RFT 2021-96 to complete the construction works for the project at Short Point.

Background

A summary below provides a list of formal correspondence in relation to the Short Point Accessibility project:

Date	Report Name	Description	Resolution
14 December 2016	Report: 10.4 Coastal Accessibility Project and Master Plans	The final Coastal Accessibility Plan for Bruce Steer Pool in Bermagui, Pambula Beach Reserve at Pambula and Short Point in Merimbula.	It was resolved that Council adopt the Coastal Accessibility Plan for Short Point.
16 August 2017	Report: 10.2. Short Point – Coastal Accessibility Plan Review	An appraisal of the masterplan for Short Point.	Several resolution items were adopted and in March 2018 a revised masterplan was placed on public exhibition.
31 October 2018	Report: 12.5 Draft Revised Short Point Coastal Accessibility Plan	A summary of the revised masterplan, including consultation feedback.	It was resolved that Council adopt the revised masterplan.
26 August 2020	Report: 11.5 Concept Design for Short Point Coastal Accessibility Project	A summary of the concept design development phase.	It was resolved that Council endorse the concept design.
27 May 2021	Memo: Short Point Accessibility Project – Scope Review	Outlined scope changes made, in consultation with the project stakeholder group, to deliver the project closer to budget.	Noted.

On 18 August 2021, RFT 2021-96 was issued via Vendor Panel seeking a principal contractor to complete construction works.

The tender evaluation process and outcome is detailed in the Confidential Attachment. (Note: Information provided by tenderers within their tender submission, in particular price information, is ‘commercial in confidence’. Accordingly, this information and the details of the tender evaluation are provided in a Confidential Attachment).

Options

1. There are two options available to Council which are listed in the attached Confidential Attachment.

Community and Stakeholder Engagement

Engagement undertaken

This project is aligned with the inform and consult level of engagement.

In the development of the Short Point Coastal Accessibility Plan, community engagement and consultation included notices and signage on site, radio promotion, media releases, online surveys, meetings with key stakeholder groups and site drop-in sessions open to the public. Consultation summaries and feedback were included in the adopted Coastal Accessibility Plan.

The Short Point stakeholder group includes representatives from Merimbula Beach Cabins, Merimbula Beach Holiday Park, Merimbula Chamber of Commerce, Merimbula Special Events, Merimbula Tourism Inc., Merimbula Rotary, Sapphire Coast Boardriders, the Bega Valley Shire Council (BVSC) Access and Inclusion Advisory Committee, the Local Aboriginal Land Council and Councillors.

In December 2019 a stakeholder group meeting was held to present the concept design and the BVSC Local Traffic Committee was approached to provide feedback. All received feedback was considered in the detailed design and tender phase.

In May 2021 a stakeholder meeting was held with the BVSC Access and Inclusion Advisory Committee (AIAC) and the key stakeholder group to present the scope changes made to deliver the project within budget. General acceptance of the required changes was received.

Engagement planned

The public will be notified of the partial closure of site, temporary parking arrangements and works commencing via appropriate communication channels.

Financial and Resource Considerations

Expenditure committed to date is shown in the table below. Refer to Confidential Attachment for proposed expenditure.

Item	$ Excl GST
Expenditure Detail
Detailed Design	$112,000
Construction Works (completed)	$151,000
Project Management	$15,000
Total Expenditure Committed to Date	$278,000

Source of Funds
Restart NSW Fund	$1,035,186
Bega Valley Shire Council Funding	$107,120
Office of Environment & Heritage	$70,000
Department of Primary Industries (DPI)	$30,000
Total income available	$1,242,306

Total Available Construction Funding	$964,306

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Capital Investment \| Renewal, Upgrade, New	$1,242,306
Annual maintenance and operational costs – Short Point area parkland and amenities.	$45,000
Depreciation costs (annual) – Amenities, Paths, Carpark, Decking.	$17,000
Rental / Property Lease – Coffee Van (annual income estimate pending Expression of Interest (EOI) process)	-$5,000

Legal /Policy

The tender process for RFT 2021-96 was compliant with the Local Government Act 1993 and in accordance with Bega Valley Shire Council Policy 6.08 Procurement of Assets and Services.

The proposed construction works meet the provisions of 65(3)(a) of the Infrastructure SEPP 2007 and are permitted without consent, as such the works constitute an activity as defined by Part 5 of the Environmental Planning and Assessment Act 1979 and the project includes exempt development works as permitted under the provisions of Section 66(1)(a) of the Infrastructure SEPP 2007.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The project aligns with the Bega Valley Shire Council Community Strategic Plan (CSP) 2040, in particular:

Outcome 1: Active and Healthy Communities

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

Outcome 4: Liveable Places

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

The project aligns with the Bega Valley Shire Council Disability Inclusion Action Plan, in particular:

· Contribute towards liveable and accessible public places

· Increase access to community assets

· Prioritise access outcomes in renewals and upgrades of community assets

· Include access and inclusion considerations in project management, design and strategy development

Environment and Climate Change

A Review of Environmental Factors (REF) has been prepared for the project in accordance with the provisions of Part 5 of the Environmental Planning and Assessment Act 1979 (EP&A Act 1979).

The REF assessed the potential construction and operational impacts associated with the proposed works. The key environmental risks were identified as soil and water, climate change, biodiversity, community amenity, traffic and access. A range of safeguards were developed for the potential impacts identified and relevant requirements are described in the contract documentation. The contractor is also required to produce an Environmental Management Plan which will be monitored by Council.

Economic

Tourism is an important economic activity in the Bega Valley region. Tourism Research Australia found that for the year of 2019, the Bega Valley Local Government Area experienced 1 million visitors, contributing $423 million to the economy.

The completed project is proposed to meet the current demand of tourists and provide infrastructure for the anticipated growth in the area, in particular accessible tourism.

Risk

The RFT evaluation included an assessment against quality and price criteria to allow Council to achieve a value for money outcome balanced on quality, price and risk.

A contingency amount is included in project cost to address design omissions or latent conditions during construction phase. Consistent with the conditions of contract, all variations will be approved by Council prior to implementation.

A risk assessment will be maintained throughout the duration of the construction works and staff will monitor all risks associated with safety, environment, budget, program and public relations.

Social / Cultural

Short Point is a culturally significant site. In 2017 an Aboriginal Cultural Heritage Assessment Report (ACHAR) was prepared, and an Aboriginal Heritage Impact Permit (AHIP) obtained from the Office of Environment and Heritage (OEH). The conditions of the AHIP cover the proposed works.

The project will provide social and health benefits for the broader community, with improved accessibility and amenity at Short Point for people with all abilities.

Attachments

1. Confidential attachment short point accessibility project construction contract memo 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 3 November 2021

Item 11.4

11.4. Bega Valley Local Traffic Committee

This report recommends that Council adopt the recommendations of the Bega Valley Local Traffic Committee.

Director Assets and Operations

Officer’s Recommendation

That Council adopt the recommendations of the Bega Valley Local Traffic Committee (BVLTC) minutes dated 29 September 2021.

Reboot in Bermagui 4-5 December 2021

An application for the annual ReBoot in Bermagui event has been received for Saturday, 4 December and Sunday, 5 December 2021. The event incorporates different activities on the Saturday morning, including fun runs on Saturday from Camel Rock to Dickinson Park, kids run from Dickinson Park to Wapengo Street and return. All fun runs finish in Dickinson Park beside the fenced playground opposite the Bermagui Beach Hotel. No road closures are required for this event, as all fun runs will be conducted along the road shoulder or footpaths within the road reserve. This year the event is proposing to include a Bike Ride from Bermagui to Cobargo and return, on Sunday morning.

The main event on Sunday morning is the ocean swim at Horseshoe Bay Beach where safety will be provided by the local Bermagui Surf Lifesaving Club and Bermagui Marine Rescue.

Other events include yoga, tai chi and tug-o-war which will be held in grassed areas of Dickinson park.

Recommendation

That the proposed arrangements involving sections of road reserves in Tilba Road, South Tilba Road, Wallaga Lake Road, Keating Drive, Narira Street, Wapengo Street, Lamont Street, Bermagui for the ReBoot in Bermagui Fun Runs on Saturday, 4 December 2021 be deemed a Class 2 special event and it be conducted under an approved and current Traffic Control Plan, in accordance with the NSW Roads and Transport for NSW (TfNSW) Traffic Control Manual.

That the proposed arrangements involving road crossings at the intersections of Keating Drive/Wallaga Lake Road, Narira Street/Wallaga Lake Road, Wapengo Street/Wallaga Lake Road, Lamont Street/Bermagui Fishermans Wharf access road, Lamont Street/Lions Park car park access, Lamont Street/Dickinson Park access roads, Bermagui for the ReBoot in Bermagui Fun Runs on Saturday, 4 December 2021 be supervised by Marshalls. Marshalls are to wear high visibility clothing and ensure participants comply with NSW Road Rules and do no impact on traffic flow.

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

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

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

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

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

That event organiser liaises with public transport operators.

That after the event, organisers are to clean up any rubbish or waste left behind.

That the event operates strictly under the NSW Health Department COVID19 conditions

It is of particular note that the representatives on the Local Traffic Committee have raised concerns regarding the proposed Peloton style community group social bike ride from Bermagui’s Dickinson Park to the Cobargo Showground and back, proposed for Sunday 5 December. The committee cites the following concerns:

· The event will only be able to operate under a full road closure of the Bermagui Cobargo Road due to its nature, i.e., social bike riders in a peloton with limited to no opportunities for vehicles to safely overtake the peloton due to the narrow formation widths.

· The event organisers would be required to place Variable Message Boards at either end of the Cobargo Bermagui Road advising road users of the upcoming road event and subsequent closure.

· The proposed date is the first weekend after “Covid Freedom Day” for NSW residents, with an expectation of high visitor numbers to the area, unfamiliar with the local roads.

· The proposed Traffic Control Plans and Transport Management plans would need to be amended to indicate the full road closures.

· Therefore, the proposed arrangements involving the Community Social Bike Ride from Dickinson Park in Bermagui to Cobargo Showground and return to be held 5 December 2021 be deemed a Class 1 special event and is not be approved in its current form.

After further consideration at an out of session meeting held on October 6, members of the BVLTC agreed on the event being able to go ahead. Police and TfNSW representative have some concerns regarding the road environment, topography and traffic flow for the proposed Bermagui to Cobargo route, but this being said, Police do not object to the proposition of the event being held.

TfNSW would like it noted in the minutes that a full, partial or moving road closure would be the preferred option to manage this cycle event on the Sunday 5 December 2021

Therefore, the event is recommended for approval under the following conditions:

· That the proposed arrangements involving sections of road reserves in Wallaga Lake Road and Cobargo Bermagui Road for the ReBoot in Bermagui Bicycle Ride on Sunday, 5 December 2021 be deemed a Class 2 special event and it be conducted under an approved and current Traffic Control Plan, in accordance with the NSW Roads and Transport for NSW (TfNSW) Traffic Control Manual.

· As advised by the Event Organiser’s, due to the expected low number of competitors, the event is limited to a maximum of 30 riders.

· As this is not a race, the proposed peloton length is not to exceed 100 metres from lead rider to end rider.

· There are to be two escort vehicles, one lead, one rear, in addition to a support vehicle. The support vehicle is to collect stragglers or injured riders, along with their bicycles and remain with the event distant from the rear escort vehicle and alerting approaching vehicles of the event ahead.

· The lead escort vehicle shall be sufficient distance ahead of the peloton to advise approaching motorists of the approaching event.

· The rear escort vehicle is to stay with the rear of the peloton to alert approaching motorists of the event and to prevent other vehicles entering the peloton.

· The event organisers are to place advertising signs on either end of the Cobargo Bermagui Road alerting motorists of the upcoming event. The signs shall indicate the date of the event, the start and finish time, and alerting motorists of minor traffic delays.

· As Cobargo Bermagui Road is an incident detour route, if traffic on the Princes Highway is required to be detoured, then the event shall be cancelled immediately.

A copy of the submission is attached - Attachment 1 - ReBoot Bermagui 4 and 5 December 2021

Christmas on Imlay Street December 2021

An application has been received for the Christmas on Imlay event to be held on Friday 10 December 2021. This is an annual event which has been held for over forty years and is much anticipated by the Eden community. It is Eden’s Christmas party and paid for by fundraised money and Eden’s business community. It is the culmination of a month-long promotion where customers who shop locally can win prizes and where families gather to celebrate.

Recommendation

That Council approve, subject to conditions, Imlay Street, Eden be temporarily closed between the intersections of Bass Street and Chandos Street from 4.00 p.m. to 9.00 p.m. on Friday 10 December 2021 for the Eden Chamber of Commerce ‘Christmas on Imlay’ event.

That the proposed traffic arrangements involving the temporary closure of Imlay Street, Eden for the Eden Chamber of Commerce ‘Christmas on Imlay’ event on Friday 10 December 2021, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with Transport for NSW (TfNSW) Traffic Control Manual.

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

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

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

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

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

That after the event, organisers are to clean up any rubbish or waste left behind.

That the event operates strictly under the NSW Health Department COVID19 conditions

A copy of the submission is attached - Attachment 2 - Christmas on Imlay 10 December 2021

Proposed extension time of Bus Zone Andy Poole Drive Tathra

BVSC LTC Representative received an email requesting the bus zone times be increased from 3.00pm to 5.30pm in Andy Poole Drive at the existing bus zone adjacent to Taylors Square. The current operating times for the bus zone are 7.30 am to 3.00 pm.

Recommendation

That Council approve the time extension to the existing bus zone from 7.30am to 5.30pm, Mondays to Fridays.

A photo of the bus zone is attached – Attachment 3 - Bus Zone Andy Poole Drive Tathra

Intersection Carp Street and Union Street – Bega

An email has been received from a resident in Union Street, Bega, along with the attached image, requesting Council look at restricting parking at the intersection of Union Street with Carp Street, Bega.

Recommendation

That Council approve installation of edge lines on the southern side of Carp Street from its intersections with Parker and Gordon Streets, relocate the Stop/Give Way line to improve sight lines, replace the existing Give Way with a Stop sign (no loss to on-street parking).

A photo of the intersection is attached - Attachment 4 - Photo Union Street Intersection

Request for extended Bus Zone – Bega Street

During our Bus Operators meeting a request was made from Hanscombe Buslines that the bus zone in Bega Street for Mumbulla Public School be extended past the driveway of 49/51 Bega Street on school days.

Recommendation

That Council approve the extension of the existing bus zone by an additional 37 metres to the west along Bega Street with the existing times to remain from 8.30am – 9.00am and from 3.00pm – 3.30pm Mondays to Fridays.

Executive Summary

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

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

Attachments

1 ⇩. Attachment 1 - ReBoot Bermagui 4 and 5 December 2021

2 ⇩. Attachment 2 - Christmas on Imlay 10 December 2021

3 ⇩. Attachment 3 - Bus Zone Andy Poole Drive Tathra

4 ⇩. Attachment 4 - Photo Union Street Intersection

Council 3 November 2021

Item 11.5

11.5. Road transfer request - DA 2003.95 Stanley Street, Eden

This report seeks a resolution from Council to decline an application as part of DA 2003.95 for the transfer of Crown road in Eden.

Director Assets and Operations

Officer’s Recommendation

1. That Council receive and note the report.

2. That Council advise the applicant that it does not consent to the transfer of parts of the Crown road described in the application to Council until such time as the road is constructed to a standard acceptable to Council.

3. That Council delegate authority to the Chief Executive Officer or their delegate to determine road transfer requests and make applications as required to NSW Department of Industry and Council’s Register of Delegations be updated to reflect this.

Executive Summary

Preliminary engineering plans have been submitted to Council’s Development Engineer for comment, prior to lodgement of a Subdivision Works Certificate, that require Council approval for transfer of Crown road reserves in Eden.

This report recommends Council does not become the roads authority until construction takes place to avoid Council unnecessarily taking control of the road reserves in the event the development does not proceed.

Background

Council received a Development Application (DA 2003.95) for an eight (8) lot subdivision, which was approved on 14 May 2004. A proposed modification to DA 2003.95 was later lodged but it was withdrawn by the applicant. Various works were undertaken to achieve physical commencement of the subdivision including clearing of land. The development consent therefore remains valid and can be completed at any time.

Preliminary engineering plans have now been submitted to Council’s Development Engineer for comment, prior to lodgement of a Subdivision Works Certificate. The Preliminary Engineering Design Plans that are currently under review by Development Engineering are shown below for the information of Councillors.

Conditions of the development consent require the construction of the frontage to Stanley Street and Curalo Street to Council’s standards. Wykes Lane will also be widened as per the conditions of the development consent. The sections of Stanley Street and Curalo Street are currently listed as Crown road reserves and Council officers have advised the applicant that Council will only request transfer of the road reserves once they have been constructed to Council standard. This requirement is to ensure Council is not put in the position of owning unmade paper roads that it cannot maintain if the developer chooses not to go ahead with the subdivision.

NSW Department of Planning, Industry and Environment’s Crown Lands Division has advised the applicant that it wishes to transfer the ownership to Council prior to construction. Council officers are concerned that if the transfer takes place and the development does not go ahead, Council will be burdened with the ownership of the unformed road reserves, and create an expectation that Council will maintain the existing poorly constructed access track.

Whilst this report recommends Council does not become the roads authority until construction takes place, timing of the transfer will potentially delay the developer obtaining a Subdivision Works Certificate for the proposed development and road construction. Council is requesting that works take place prior to the transfer of the road reserves to avoid Council unnecessarily taking control of this land in the event the development does not proceed.

Options

The options available to Council are:

1. Not support the application for road transfer requested by the applicant under DA 2003.95. This is the recommended option.

2. Approve an application to Crown Lands requesting the transfer of parts of the Crown road described in this report to Bega Valley Shire Council.

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

Community and Stakeholder Engagement

Engagement undertaken

Council officers have been liaising with Caddey Searl and Jarman (CSJ) regarding the application and CSJ has advised that Crown Lands has confirmed if Council is not willing to accept transfer of the Crown public road it could add to the development timeline.

Crown Lands has advised that if the roads do not meet the criteria for transfer and remain Crown public roads, any works will need to be within the scope of the Crown Roads Policy and the Guidelines for Administration of Crown Roads, which is attached for the information of Councillors.

Council has advised CSJ that when the road has been constructed to the appropriate standard, Council will accept the ownership. Council will not accept the transfer of ownership of the road reserve prior to the construction and finalisation of the subdivision, as indicated in the Bega Valley Development Control Plan 2013, which states: Council will not accept the transfer of existing Crown Public Roads from the state unless the road is constructed to Council’s current standards.

Engagement planned

Council officers will continue to consult with CSJ and Crown Lands to action any Resolution of Council.

Financial and Resource Considerations

There are no fees payable by Council to lodge a road transfer application to Crown Lands Once Ministerial consent is given to transfer the road, Crown Lands at its own cost administer the transfer and publish a notice of the parts transferred in the NSW Government Gazette. Once the parts of the road transfer have been gazetted, those parts will become a Council road/ asset.

Legal /Policy

For development and planning reasons, councils and other roads authorities may request the transfer of a Crown road. This can allow the road to be maintained to Council’s construction standards, as use of the road changes over time.

There are two types of transfers administered by Crown Lands:

1. Crown road transfer at the request of Council or another roads authority—this requires the roads authority to submit a Transfer Crown Road application form.

2. Crown road transfer initiated by Crown Lands— In this case Crown Lands will consult with Council before a Crown road is transferred, with each proposed transfer considered on a case-by-case basis.

Crown Lands has established criteria for determining whether a Crown road is suitable for transfer to Council. Crown roads are considered suitable for transfer to Council or another roads authority (for example Roads & Maritime Services) if they meet one or more of the following criteria:

Criteria	Explanation
A roads authority requests transfer of a Crown road, including for the purpose of Section 44 of the Roads Act 1993 (Roads Act).	To initiate the road transfer process, the request by Council must be in writing and be accompanied by diagram showing the extent of the road subject to the transfer.
The Crown road provides formed road access to urban/rural areas or provides formed road access within country towns, villages, local communities and public areas.	These roads generally service public traffic. Council may have traditionally maintained or repaired the road and/or named the road for addressing purposes. Transfer of the road allows for administrative arrangements to formally rest with the appropriate roads authority for management as part of their road network.
Road works on a Crown road are proposed by someone, other than NSW Department of Industry, who requires development consent under the Environmental Planning & Assessment Act 1979 (EP&A Act).	Transfer allows Council to regulate the standard to which road access should be established and issue a construction certificate as the relevant roads authority under the Roads Act.
Development consent has been granted by Council that requires a Crown road to service a development that increases traffic on the road.	A key issue influencing the use of affected Crown roads is incremental traffic-increasing developments and Council’s role in development consent, planning and public road management. The responsibility for managing these roads rests with Council as the relevant roads authority.
A Crown road requires maintenance to a specified standard as per a condition of development consent.	Transfer places the onus on Council, as the consent authority, to manage the road in accordance with the requirements of the development approval. If standards were not specified by Council as a condition of consent, transfer may still apply on the basis that the Crown road already conformed to Council’s access standards to service the development.
A Crown road was constructed or is being maintained by Council to facilitate access as part of its local road network, including drainage structures such as bridges or culverts.	Transfer places Council in a position to formally manage the road in accordance with pre-existing access and traffic conditions. This includes road standards requirements and administration of compliance against these requirements.
Construction or upgrade of a Crown road is required to meet Council standards.	Transfer delivers outcomes that are consistent with Council’s role in managing public roads for residential and rural needs.
A Council objects to the closure of a Crown road on the grounds that the road is required for public access.	Transfer preserves the road for current and future access needs.

Crown lands will not support Council’s objections to a crown road transfer where the reason for the objection is that the road is not generally sued by the public.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Council has been advocating to the Minister for Regional Transport and Roads in relation to Crown roads not being transferred to Council until upgraded by the developer and suggested a way forward with this to the Crown Land Commissioner, as well as submitting a list of roads in urban areas that would address the situation. To date, Council has not been successful in this advocacy.

Environment and Climate Change

Should the road be constructed there will be some environmental impacts typical of any road construction.

Economic

There are no additional economic matters associated with this report that are not already addressed in this report.

Risk

There is a risk that if the road transfer takes place and the development does not go-ahead Council will be burdened with the ownership of the unformed road reserves, with a false expectation that Council will maintain the existing poorly constructed access track. There is also a risk that if the roads are owned by Council, not constructed but are essential for asset protection zones (APZ) pertaining to private land that Council will be perceived as being responsible for APZ maintenance.

Social / Cultural

The proposed development would contribute to housing supply within the Shire, however it is not recommended that ratepayers be burdened in any way for financially contributing to this proposed development.

Attachments

1 ⇩. Administration of Crown roads policy

Council 3 November 2021

Item 11.6

11.6. Funding opportunity for water and sewerage facilities

The NSW Government has proposed to fund 25% of costs to resolve four of our major water and sewer risks. This funding would support our existing strategy and bring-forward filtered water for our entire urban water supply system.

Director Assets and Operations

Officer’s Recommendation

1. That Council commit to the projects and associated funding opportunity to address the water treatment risks identified for Yellow Pinch Water Treatment, Eden Water Treatment, and Candelo Water Treatment being scenario W4 under the water fund section of this report

2. That Council delegate authority to the CEO to enter into agreements with the NSW Government to assist funding the rectification of these identified risks.

3. That water service pressure management is resourced and added to our levels of service (as included in scenario W4).

4. That Council in principle support sewer fund scenario S3 in the sewer fund section of this report which includes considering value management options to reduce the scope of the Merimbula Ocean Outfall project and to accept 25% funding towards Bega Sewerage Treatment Plant Upgrades.

5. That sewer service point of ownership is defined and resourced as described in this report and included in sewer scenario S3.

Executive Summary

Under the ‘Tranche 2’ funding of the Safe and Secure Water Program, Council has received four letters from the NSW Government detailing prioritised projects attracting co-funding opportunities of 25%.

The identified projects are:

· Yellow Pinch Water Treatment Plant.

· Kiah (Eden) Water Treatment.

· Tantawangalo (Candelo) Water Treatment.

· Bega Sewage Treatment Plant.

The projects are key risks for our community to address and have been modelled to not significantly affect our typical residential bill. It is recommended Council pursue the funding offer while working on lowering our overall bills through the strategic business plan process that is currently underway. The strategic business plan process will offer service scenarios and associated long-term price-paths to Council to adopt in May 2022.

In the sewer fund our price path is among the highest in Australia for sewer services. Primary drivers of price path are existing loans and the size of the Merimbula Ocean Outfall project (MOOP). Community feedback on the Environmental Impact Statement (EIS) public exhibition for the MOOP included significant reference to a reduced outfall scope and increased recycled water services. The EIS also found less overall impact than expected due to the existing high levels of treatment and favourable currents and receiving environment. It is recommended Council consider value managing the scope to suit the feedback and findings and bring a revised option to Council for consideration in early 2022.

Background

The Safe and Secure Water Program has previously entered into funding deeds with Council for our Water Treatment Plant (WTP) and Sewage Treatment Plant (STP) projects. So far this has included 100% of Brogo WTP, 100% of Bega WTP, 25% of a Yellow Pinch WTP scoping study, and 25% of Merimbula STP and Ocean Outfall.

Yellow Pinch WTP and Bega STP projects are currently planned for construction over the next five years.

Merimbula Sewage Treatment Plant

In the sewer fund the size of the MOOP is a primary driver of price path.

Community feedback on the EIS public exhibition included significant reference to a reduced outfall scope and increased recycled water services.

In September 2019 the community working group selected a diffuser location at the longest distance and deepest depth. This was partly due to an understandable emotional reaction to the proposed pipe but was also due to not having a clear understanding of the cost to construct an outfall in 50m of water.

Council resolved in October 2019 to instead adopt a middle distance and depth ‘north short’ as well as filtration at the treatment plant in order to somewhat control costs as compared to the ‘long’ option. The resolution was:

That Council adopt the treatment option 3B, inclusive of two-point phosphorous removal and sand filtration with UV disinfection upgrade, “north short” option, utilising horizontal directional drilling and lay on-sea-floor to CH.3500 as the basis for detailed environmental assessment and conceptual design.

This option was selected prior to detailed modelling on the environmental impact. The EIS has now found less overall impact than expected due to the existing high levels of treatment and favourable currents and receiving environment. There is virtually no impact to the environment found in the vast majority of ocean conditions.

With modelling and environmental assessment work now complete our consultants have advised us that considering the community feedback Council could consider reduced-scope options. These environmentally low-impact options could possibly reduce scope and free up funds for other initiatives, like recycled water and reduced customer bills. Importantly the options may also have virtually no environmental impact and so still achieve the environmental and economic protections we need from this project. Current practices do have clear impacts on our environment, social fabric, and economic activities.

By listening to the community’s priorities, within the constraints of our regulators, we have an opportunity to consider what we have been told and build that feedback into the project. We should consider value managing the scope to suit the feedback and findings and bring the findings to Council for consideration in early 2022 with an amendment report to the Environmental Impact Statement if appropriate.

Yellow pinch Water Treatment Plant

This plant has been planned to filter water from Yellow Pinch Dam and deliver the water to Merimbula, Tura Beach, Pambula, Pambula Beach and Wolumla. This plant is a key part of our commitment to meet the Australian Drinking Water Guidelines and will eliminate several high risks in our Drinking Water Quality Management Plan.

Bega Sewage Treatment Plant

The sewage treatment plant at Bega is subject to two separate Pollution Reduction Program (PRP) orders placed on the Environmental Protection Licence for the site by the NSW Environment Protection Authority. The PRPs include requirements to significantly increase the hydraulic capacity, process capability, and sludge handling capacity of the facility. The site is also flood prone, is failing to capitalise on solar power improvements, has a poor outfall arrangement, significant abandoned civil works structures, and unsafe designs in operation.

Eden Water Treatment

Eden is currently supplied by Kiah bores on the Towamba River with storage at Council’s Ben Boyd Dam. Eden is part of the ‘Tantawangalo-Kiah’ water scheme which was constructed in the 1950s and treated water sources from Tantawangalo creek and Kiah borefield. Eden can be supplied by the Tantawangalo source when required.

Since the 1950s other construction has augmented the scheme which is now able to store water in Yellow Pinch Dam and draw water from Bega’s supply to supplement Yellow Pinch Dam.

Prior to this funding opportunity staff planned to supply Eden from Yellow Pinch WTP in the short term and later plan and design a water treatment plant for Eden as the capacity allowed for growth in Merimbula, at Yellow Pinch WTP, was used up.

Now we are considering a longer-term strategy to tackle the whole shire’s water treatment needs including considering options to supply Eden entirely from Yellow Pinch and reserve Kiah bores and Bend Boyd Dam for emergency supply and drought supply. Strategic planning has begun to determine if this strategy will be drought resilient, result in a cost saving, and not carry any unacceptable risk.

Candelo Water Treatment

Candelo is supplied from the Tantawangalo-Kiah water scheme either from Yellow Pinch Dam or from Tantawangalo creek. In either case the water is chlorinated and supplied to the village reticulation. The proposed funding if accepted would bring forward a project to treat the water to a higher quality with lower risk.

Candelo may be treated by either construction of a ‘package’ water treatment facility or by transfer of water from Yellow Pinch WTP via a new pipe between Wolumla and Candelo.

Other background

Staff have negotiated a co-funding structure for Eden and Candelo Water Treatment risk reduction projects that allow for flexibility of scope under a ‘least cost acceptable risk’ basis.

Council is currently considering Levels of Service scenarios in our Strategic Business Plan for future adoption. This includes a significant drive towards reducing our cost of operations. For example, staff are looking at opportunities to rationalise sewage treatment facilities.

Options

Financial scenarios will be presented to Councillors for adoption in May 2022 under the Strategic Business Planning process however in order to pursue the ‘tranche 2’ funding opportunity a commitment to mitigating these risks must be made now, prior to the strategic business plan options being presented.

To allow informed decision making by Councillors some updated long term financial plan scenarios have been prepared.

Staff have selected and prepared five Water Fund scenarios and five Sewer Fund scenarios.

Modelling the typical residential bill

Costs imposed on customers in the water industry are often expressed in terms of a Typical Residential Bill (TRB). Our goal is to have the lowest TRB we can, and still meet regulator and customer expectations. When accepting co-funding we must be careful to not cause an unexpected price-path to be set in motion. For that reason, we have modelled some scenarios designed to inform possible TRB outcomes that would result from accepting funding.

Typically, loans cover ‘one-off’ capital expenses while the TRB indicates the long-term price requirement for sustainability. This is opposed to a model where the TRB goes up for a period to raise money for infrastructure and then reduces later. Noting that loans are available from T-Corp at a competitive rate and it can be healthy for a business to carry a serviceable debt.

The water fund

Bega Valley’s Water TRB is currently modelled as $790/y. This is marginally above the state median and around $40 less than Eurobodalla for comparison.

The water fund currently carries no significant debt and so there is opportunity to smooth out the financial impact of large infrastructure with loans.

It is important to note that current long-term planning is under review and did not include the costs associated with any new water treatment plants other than Yellow Pinch.

In the water fund:

· It is realistic to target no change to the TRB in delivering our drinking water quality objectives.

· It is reasonable to take up some debt to smooth out large capital spend.

	Scenario	Notes	Loans	Min. TRB	Cash low
W0	Base Case	Our current program. Includes Yellow Pinch WTP with no co-funding but no treatment for Eden or Candelo.	-	$770, 2028	$2M, 2028
W1	YP Funding only	As base, plus we accept 25% funding for Yellow Pinch WTP	-	$770, 2022	$8.5M, 2025
W2	Funding for new Eden WTP and Candelo WTP	YP 25% Funding provided, plus we accept 25% funding for new WTPs at Eden and Candelo	$9M	$805, 2022	$2M, 2030
W3	Funding to transfer water to Eden and Candelo	As base case, plus we accept funding for a larger Yellow Pinch WTP to supply Eden and Candelo, as well as any transfer infrastructure required.	$3.5M	$780, 2025	$2M, 2028
W4	Include pressure management change to LOS	As per case "Funding to transfer water…", plus $100 k/y for 10 years to implement PRVs	$3.5M	$780, 2028	$2M, 2028

Base Case – W0

If we accept no funding, then our base case will include construction of Yellow Pinch WTP and notionally we could potentially consider lowering the TRB marginally in 2028.

This would not address long term water treatment for Eden or Candelo.

YP Funding only – W1

Since we would construct this asset anyway it is prudent to accept funding, regardless of quantum. In the case ‘YP funding only’ the impact of the contribution from the state is that we are never too low on cash and could notionally lower the bill marginally in 2022. This is likely to be an unrealistic scenario as we will be required to increase water quality at some point in the future with the full cost to be borne by customers.

Funding for new Eden WTP and Candelo WTP – W2

Financially, the probable worst case is that we must construct water treatment plants at Eden and Candelo to mitigate the risk we are agreeing to address through the funding offer.

In this case the likely impact would be a $9M loan and an immediate but relatively minor increase in the water TRB from $790 to $805.

Funding to transfer water to Eden and Candelo – W3

Staff have negotiated with the Safe and Secure Water Program funding partners to structure the funding opportunity to allow a lower cost risk-reduction outcome, if appropriate.

In this case a water treatment plant is not required in Eden. If the drought and health risks are deemed acceptable during strategic planning, then this option will remain open to Council to pursue.

In this scenario both the long-term operational costs and the short-term capital costs are lower than building a new WTP. The loan required is reduced to $3.5 M and the TRB can notionally lower to $780 in 2025.

Include pressure management change to LOS – W4

In this scenario $100 k/y for ten years has been added to the model to account for pressure reducing valves to be installed to meet the recommendations of the Water Supply Code and the Plumbing Code. The impact would be that the bill could not notionally reduce to $780 until 2028, as opposed to 2025.

Water fund summary

If we pursue the funding opportunity our probable worst case is W2 with a probable best case being W4. Since both options have relatively low impacts on the TRB staff recommend we proceed with all funding opportunities and target scenario W4.

Scenario W2 is attractive in the short term. However, a decision not to proceed co-funded water treatment for Eden and Candelo is risky. This scenario would leave these sections of the community at high risk and these projects will need to proceed in the future, probably without funding support.

The Sewer fund

Bega Valley’s Sewer TRB is currently modelled as $1,173 /y. This is the highest bill in Australia and has been at that level since 2007 due to the co-funded Bega Valley Sewer Program.

The sewer fund also carries $15M in debt left over from the Bega Valley Sewer Program. Our annual revenue in the sewer fund is $18.5M, but this is due to our high TRB. If we charged the state median TRB our normalised revenue would be $11.8M. This leads to a debt to normalised revenue ratio of 127%. There is less opportunity to take up loans in the sewer fund since the current debt is above desirable levels.

In the sewer fund:

· It is reasonable to only accept scenarios which result in a path towards a reduced TRB.

o It is unreasonable for our community to continue to pay the highest sewer bill in Australia.

· It is reasonable to not accept additional debt.

o It is unreasonable to worsen our debt to normalised revenue ratio.

In the table below the base case assumes a Merimbula STP/Outfall cost of $40.5m, scenario S3 assumes a Merimbula STP/Outfall cost of $24m.

	Scenario	Notes	Loans	Min. TRB	Cash low
S0	Base Case	Our current program. Includes Merimbula STP & Outfall, Bega STP and Bermagui STPs. Subsidy is 25% of Merimbula STP & Outfall capped at $8.8 M	$11.5	$973, 2031	$2M, 2027
S1	Bega STP Funding only	As base, plus we accept 25% funding for Bega STP	$7.6M	$973, 2030	$2M, 2028
S2	Include ownership change to LOS	As Bega STP Funding, plus we define the sewer ownership point ($40 k/y)	$7.8M	$973, 2031	$2M, 2028
S3	Value manage outfall	As per above plus seek funding or scope reduction to outfall and STP upgrade	-	$973, 2028	$5M, 2031
S4	Fund Bermagui STP	As per above, plus win 25% for Bermagui STP	-	$973, 2027	$4M, 2031

Base Case – S0

If we accept no funding and continue with our current program, then we will need to take on large loans and maintain the TRB.

The current program will be re-considered in the strategic business plan process where Councillors will be able to adopt a scenario to proceed with.

Bega STP Funding only – S1

Since we would construct this asset anyway it is prudent to accept funding, regardless of quantum. In the current program a contribution to Bega STP would reduce our loan requirement and avoid any increase to the TRB but could not reduce the TRB until 2030.

Include ownership change to LOS – S2

This scenario includes changes to our sewer point of ownership to define a common level of service across all areas of the shire.

The impact on our current program would be $200k of additional loan and the need to wait an extra year to reduce the TRB.

Value manage Outfall – S3

This scenario is an aggressive reduction in Outfall scope and/or additional funding support for the Merimbula Outfall and STP project. This is equivalent to around a $14M reduction in scope or Council funding.

In this case no additional loans would be required and the TRB may be reduced in 2028.

Fund Bermagui STP – S4

If a co-funding opportunity for Bermagui STP arises the TRB reduction may occur, one year earlier.

Sewer fund summary

Bega STP is not the primary driver of price-path for the sewer fund. Council should accept 25% funding for Bega STP.

Merimbula Ocean Outfall and STP upgrade are primary drivers of price path and should be value managed, additional funding sought and scope limited based on findings in the Environmental Impact Statement document. Council should continue to work with our funding partners to achieve this outcome.

In addition, staff should consider and present scenarios to Council to reduce the cost of operations in the sewer fund so that the long term sustainable TRB is lower than current minimum levels.

Community and Stakeholder Engagement

No engagement on this funding opportunity has taken place with the community.

Engagement undertaken

Staff are in frequent contact with NSW Health and the NSW Environment Protection Authority who require these risks to be addressed. These risks have also been discussed with the Department of Planning, Industry and Environment Section 60 technical approvers.

The risks identified for funding have been included in asset management plans, strategic business plans, drinking water quality management plans and other planning documents for over a decade.

Yellow Pinch water treatment risk has also included local community engagement and public statements on upcoming works.

Bega sewage treatment risks are in our operational plan and budget and included some media detailing the project.

Our strategic business plan project has completed a first round of community survey.

Engagement planned

Each individual project resulting from the identified risks will include a stakeholder and communications plan.

The strategic business plan project will include a residential customer detailed ‘willingness to pay’ exercise around our levels of service.

Our regulators will be significant contributors to the project scopes to address these risks.

Financial and Resource Considerations

Overall financial impacts have been considered in the ‘options’ section.

The delivery and ongoing management of these assets will require additional permanent and temporary resources. Discussions with local Public Works project managers as well as remote Water Infrastructure NSW project managers has also commenced for further support.

Legal /Policy

Our drinking water quality management system currently has residual high risks associated with our unfiltered water schemes.

Council’s adopted policy 4.01 Drinking Water Quality supports the management of risk and implementation of preventative measures.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Council’s operational plan 2021-2022 includes budget for Bega STP capacity upgrade preliminary works as well as Yellow Pinch WTP preliminary works.

Council’s Water and Sewerage Strategic Business Plan (2014) nominated construction of Yellow Pinch WTP, an upgraded pipeline to Eden and upgrades to Bega STP, as well as other projects. Only water treatment for Candelo is as yet unplanned in detail, despite Bemboka already receiving a water treatment plant.

Environment and Climate Change

Significant solar power will be installed with all new facilities. The environment downstream of the Bega STP will be protected by these projects.

Economic

The provision of high quality and safe water for our community enables growth and development.

Risk

The largest risks of proceeding are cost overruns. In these cases some scope may be removed from the projects.

Social / Cultural

The provision of high quality and safe water for our community promotes the character of our place.

Attachments

Nil

Council 3 November 2021

Item 11.7

11.7. RFT 2122-025 Merimbula Transport Study

This report details the evaluation outcome of Request for Tender (RFT) 2122-025 Merimbula Transport Study.

Director Assets and Operations

Officer’s Recommendation

1. That Council accept the recommendations outlined in the confidential attachment relating to RFT 2122-025 Merimbula transport Study

2. That Council accept the tender from <insert> in relation to contract for the works described in tender RFT 2122-025 Merimbula transport Study, in the amount of $<insert> (including GST)

3. That authority be delegated to the Chief Executive Officer to execute all necessary documentation in relation to the request for tender RFT 2122-025 Merimbula transport Study

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

Executive Summary

Bega Valley Shire Council went to Tender to commission a holistic vision-led transport study for the township of Merimbula. Merimbula Transport Study will provide context and strategic direction for the future development of Merimbula CBD to ensure it meets the needs of our residents, visitors and businesses. Council recognises it will need the leadership of consultants with subject matter expertise in multi-modal transport, traffic engineering, urban planning, community consultation and strategy development to prepare a transport study that will guide planning and investment in Merimbula’s growing transport networks to support the Local Strategic Planning Statement vision for Merimbula.

The Tender was released on 10 September 2021 and closed on 6 October. The results of the Tender evaluation are provided in the confidential attachment.

Background

The requirement for a holistic transport study focused on the future development of Merimbula was identified in the Local Strategic Planning Statement and corresponding public exhibition; and was committed for delivery in the FY2021-2022 Operational Plan. Such a study is a major knowledge project for Council requiring significant expertise, data collection, consultation and modelling. The study is programmed to deliver its findings and recommendations back to Council and the community in FY2022-2023.

Development and infrastructure investment are key drivers in achieving strategic outcomes for the Shire including tourism, retail, industry, aquaculture, agriculture, residential needs and community amenities. The diverse transport needs of Merimbula have changed due to a combination of factors.

Recent major changes in Merimbula include construction of the Merimbula by-pass allowing peak season traffic to move through Merimbula without impact on the commercial centre, construction of the Lake Street shared path, land rezoning to consolidate the town centre and provide opportunities for urban renewal and housing diversity.

This study is vision led and will adopt the industry best practice framework for Movement and Place planning from Transport for New South Wales (TfNSW) and the Government Architects for New South Wales. It is also sensitive to the NSW Future Transport Strategy 2056 and TfNSW have agreed to engagement and knowledge sharing to assist Council in managing the study.

The initial component of the study will refine the exact outputs required including finalising the study boundaries. It is anticipated that the study will provide direction on multi modal transport infrastructure needs and opportunities including potential road reconfigurations, car parking, shared network improvements and modifications, as well as public transport enabling infrastructure. It will provide an important input into future development decisions and controls within Merimbula.

Options

1. Council may resolve to award the contract to the preferred Tenderer outlined in the confidential attachment. This is the recommended option.

2. Council may also resolve to decline all Tenders and seek to enter negotiations with the preferred or any Tenderer, provided the resolution states the reasons for entering into negotiations with the Tenderer(s) and for not requesting fresh Tenders.

3. Council may also resolve to decline all Tenders and request fresh Tenders.

Community and Stakeholder Engagement

Considerable community consultation and feedback has occurred prior to the commissioning of this study, including community feedback received during the consultation of:

· Local Strategic Planning Statement

· Merimbula Airport Masterplan

· Merimbula CBD Landscape Masterplan

· Merimbula Flood Study

· Merimbula CBD parking report 2018

· Merimbula Flood Plain Risk Management Plan

· Commercial Land Strategy

· Community Strategic Plan

· Disability Inclusion Action Plan

· adopted Delivery Programs

· adopted Operational Plans

Engagement undertaken

In addition to the community engagement undertaken in the development of the above list of strategies and plans, Council has engaged with Transport for New South Wales in the scoping of the study and development of the Consultants Brief.

Engagement planned

The Study involves community consultation and engagement under Council’s adopted Community Engagement Strategy. This Study has been assessed as having HIGH community impact and MODERATE community scale. However not all stakeholders will be affected equally, and the Consultant is to consider individual stakeholder impacts to determine the level of engagement required with each.

All relevant data will be provided to the successful consultant at the commencement of the Study, including community feedback received in the consultation of the above strategies and masterplans. This is expected to refine the nature of the data collection and community consultation tasks outlined in the scope of works to prevent (as much as possible) consultation fatigue. Additionally, Council will make available all relevant complaints, issues and communications from the community.

A list of suggested stakeholders was provided in the consultants brief to Tenderers. This list is expected to be refined as the study progresses.

Financial and Resource Considerations

Insert Text here"

Item	$ Excl GST
Expenditure Detail
See Confidential Attachment for Breakdown of Tendered Costs
Total Expenditure	(sum of all costs)
See Confidential Attachment for Breakdown of Tendered Costs
Source of Funds
Asset Services	$198,000
*Budget is subject to carry-overs and re-votes from the previous FY, which will be updated based upon Council resolution
Total income available	* total income = total project cost
	$198,000
Total Project Cost	See Confidential Attachment
Total Available Funding	See Confidential Attachment
Project Funding Shortfall	See Confidential Attachment

Legal /Policy

The Tender has been conducted in accordance with the provisions of the Local Government Act 1993, Local Government (General) Regulation NSW 2005 and the Tendering Guidelines for NSW Local Government 2009.

The proposed contract adopts AS4122-2005 General Conditions of Contract for Consultants, and Council’s standard General Terms and conditions.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The study delivers on commitments made in the Local Strategic Planning Statement, Delivery Program and Operational Plan. It looks to understand the myriad commitments and provide recommendations for Council to meet its civic leadership responsibilities in delivering balanced environmental, economic, and social benefits.

Environment and Climate Change

The Study explicitly incorporates the Council’s adopted environmental studies such as the Merimbula Flood Study and Flood Plain Risk Management Plan, and the Climate Resilience Strategy as key strategic inputs.

Economic

The Study explicitly incorporates the Council’s adopted Local Strategic Planning Statement, Commercial Land Strategy, and Economic Development Planning Strategy as key strategic inputs.

Risk

The following risks are being addressed by proceeding with the recommended options.

The initiation of the Merimbula Transport Study seizes the opportunity to develop a holistic transport context that fulfils the community’s vision for Merimbula and provides recommendations to Council on how it can achieve this vision. Failing to do so will not address the risk that Council’s future investment in Merimbula’s transport network will be ad hoc without regard for the environmental, economic and social needs of the town and shire.

By engaging consultants with the subject matter expertise to deliver the Study, Council is ensuring it is achieving best value and the technical outcomes required from the eventual study report. Council does not have the expertise to deliver this study in-house.

Study risks have been assessed by the tendering consultants and mitigation strategies developed with their subject matter expertise. These will be refined and managed collaboratively as the Study progresses.

TfNSW were engaged in the refinement of the consultants brief and have agreed to engagement throughout the conduct of the Study to assist Council in adopting best practice in Movement and Place planning.

Contractual risks are managed in accordance with standard contractual terms, adopting AS4122-2005 General Conditions of Contract for Consultants.

Studies such as these inherently risk cost variations as early stages may reveal or uncover a need for additional work or scope to achieve the original aims. The Schedule of Rates for variation from the preferred tenderer are consistent with market rates, and their detailed methodology and understanding of the consultant’s brief provides mitigation to unexpected scope and cost variations.

Social / Cultural

The study explicitly incorporates Council’s adopted Community Strategic Plan, Disability Inclusion Action Plan, Delivery Program and Operational Plans as key strategic inputs in addition to the above inputs.

Attachments

1. Confidential Attachment to Council Report RFT 2122-025 Merimbula Transport Study (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.

2 ⇩. Merimbula Transport Study 2021-23 consultants brief

Council 3 November 2021

Item 11.8

11.8. Disposal of Narira Village Complex, Cobargo

A formal proposal has been received for the purchase of Lot 2 DP 1027919, being Narira Village Complex in Cobargo and Council direction is now being sought on how to proceed.

Director Assets and Operations

Officer’s Recommendation

1. That Council receive and note the report and Confidential Memorandum.

2. That Council endorse the recommendations in the confidential attachment.

Executive Summary

A further proposal for the purchase Lot 2 DP 1027919, being Narira Village Complex in Cobargo has been received and Council’s consideration is requested to progress with divestment of the property as outlined in the attached Confidential Memorandum.

Background

Council resolved at its Confidential Closed Session Meeting of 4 August 2021, when considering its position on the sale of Lot 2 DP 1027919, being Narira Village Complex in Cobargo (Narira) to delegate authority to the Mayor and Chief Executive Officer to negotiate a sale of Narira for a minimum value as set by Council taking into consideration the valuation received. Following the Resolution of Council, officers advised LJ Hooker Bega who further discussed with the managing agent, Southern Cross Community Housing Limited (SCH). Following which Council received a further proposal for the purchase of the property which is outlined in the attached Confidential Memorandum.

The Mayor, Chief Executive Officer and Council representatives met with SCH and Department of Communities and Justice (DCJ) to discuss and negotiate the proposal presented. The attached Confidential Memorandum provides the detail of all negotiations regarding the divestment of Narira for the information of Councillors.

Options

The options available to Council are:

1. Continue to proceed with the disposal of Narira and accept the recommendation provided by Council officers in the attached Confidential Memorandum and resolve accordingly.

2. Decline to accept the proposal and advise LJ Hooker, SCH and DCJ of Council’s decision and await improved offers from the sector. Noting SCH are currently the only accredited community housing provider in the Bega Valley.

3. Decline to accept the proposal and advise LJ Hooker, SCH and DCJ of Council’s decision and review the need for the land to only be used for community housing purposes and be run by an accredited community housing provider.

4. Retain ownership of the property. Noting the requirements associated with the operation of community housing, Council’s inadequate accreditation to provide community housing in accordance with National Law, staff resources and risks associated with direct management of the facility.

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

Community and Stakeholder Engagement

Engagement undertaken

Following the Resolution on 4 August 2021 Council officers advised NSW Land and Housing Corporation (NSW LHC) of the proposal from SCH and as outlined in the report from Council’s Ordinary Meeting of 4 August 2021, NSW LHC confirmed they would accept an offer within the market range as determined by Walsh and Monaghan Valuers.

Following receipt of the proposal from SCH, the Mayor, Chief Executive Officer and Council representatives met with SCH and DCJ to discuss the proposal and negotiate the offer presented.

In addition, LJ Hooker Bega and Council officers have been liaising with an individual as outlined in the attached Confidential Memorandum regarding the sale of the property and Council officers will continue to consult with LJ Hooker and individual following any decision of Council.

Engagement planned

Council officers will continue to consult with LJ Hooker Bega, NSW LHC, SCH, DCJ and legal representatives to action the Resolution of Council.

Financial and Resource Considerations

All options will have additional financial and resource implications. The attached Confidential Memorandum outlines the financial implications of the proposal and the attached report from Council’s Ordinary Meeting of 4 August 2021 outlines Council’s share of the property, Real Estate Agent commission and resource implications associated with the management of Narira.

A sale option will include additional officers' time and resources as well as the engagement of third parties and legal costs as outlined in the attached Confidential Memorandum. All costs involved in the proposed disposal will be offset against the proceeds of sale.

To maintain ownership of this site will require business plan preparation, Council officers' time and resources, capital expenditure and ongoing operational and maintenance budgets to be sourced.

Legal /Policy

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

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

As outlined in the attached report from Council’s Ordinary Meeting of 4 August 2021 addressing the housing needs of the Bega Valley community is a key focus for Council and it has an adopted Community Strategic Plan, Local Strategic Planning Statement and Residential Land Strategy with goals and priorities that the proposal is considered to address.

Environment and Climate Change

There are no environment and climate change matters associated with the proposed divestment of the property.

Economic

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

Risk

In determining its direction, Council should consider several risks associated with this matter in addition to the risks outlined in the attached report dated 4 August 2021 including but not limited to:

· Reputational risk in relation to the length of time taken on this matter, and the community's view on how Council is handling the matter.

· Financial risk in relation to the ongoing liabilities related to building management whilst in Council ownership, the cost of undertaking the sale process and future costs to undertake major works, should the building stay in Council ownership.

Social / Cultural

There are no additional social or cultural matters associated with the proposed divestment that have not been addressed in the report of 4 August 2021 or the attached Confidential Memorandum.

Attachments

1 ⇩. Council report dated 4 August 2021 - Proposed divestment of Narira Village Complex in Cobargo

2. Confidential Memorandum regarding Narira Village Complex divestment (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

3. Draft Housing Agency Funding Agreement between Bega Valley Shire Council and Department of Communities and Justice (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

4 . Draft Community Housing Assistance Agreement - Bega Valley Shire Council Affordable Housing Project Stage 1 - Cobargo Property Purchase (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

5 . Draft Community Housing Assistance Agreement - Bega Valley Shire Council Affordable Housing Project Stage 2 (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

Council 3 November 2021

Item 11.9

11.9. Acquisition of proposed easements for Bega Water Treatment Plant and Water and Sewerage Services Operations Depot

Council approval is being sought to formalise the acquisition of easements for underground sewer, electricity, and a right of carriageway over private land at Boundary Road, Bega in connection with the construction of the new Bega Water Treatment Plant and Water and Sewerage Services Operations Depot on our adjoining parcel of land.

Director Assets and Operations

Officer’s Recommendation

1. That Council enter into a formal Deed of Agreement with the landowners of Lot 240 and 241 DP 750190 at 101 and 121 Boundary Road, Bega for the acquisition of easements as follows:

a. A combined right of carriageway, electricity easement and underground sewer easement of variable width.

b. An easement for underground sewer 3m wide.

c. A right of carriageway and electricity easement 10m wide.

2. That Council enter into a formal Deed of Agreement with the landowner of Lot 2 DP 512378 at East Street and Boundary Road, Bega for the acquisition of an easement for underground sewer 3m wide.

3. If the acquisition of easements cannot be negotiated by agreement with the landowners within a reasonable time, Council acquire the easements by compulsory process under the Land Acquisition (Just Terms Compensation) Act 1991 pursuant to sections 186 and 187 of the Local Government Act 1993, and do all things supplemental or incidental to, or consequential for, that purpose.

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

5. Council affixes the Seal of Council to any documents required to be sealed relating to the acquisition of easements and that authority be delegated to the Mayor and Chief Executive Officer to execute those documents.

6. Authority be delegated to the Chief Executive Officer to execute on behalf of Council any documents associated with the acquisition of easements not requiring the affixing of the Seal of Council.

Executive Summary

The acquisition of easements for underground sewer, electricity, and a right of carriageway over private land at Boundary Road, Bega in connection with the construction of the new Bega Water Treatment Plant (WTP) and Water and Sewerage Services Operations Depot on our adjoining parcel of land are required. The construction of the WTP is identified in the current Operational Plan as a project to extend Bega’s sewerage service to the industrial area of South Bega and has received funding from the NSW State Government under the Safe and Secure Water Program. The extension of sewerage services and construction of a new access road are required to support this development.

Background

The South Bega Sewer project is the extension of Bega’s sewerage service to the industrial area of South Bega. Provision of sewerage service to this area is required to support the new Bega Water Treatment Plant (WTP) and Water and Sewerage Services Operations Depot, as well as several current developments in the area including the Old Bega Hospital development.

An options study and feasibility assessments were conducted to identify the best value solution when considering whole of life costs, before settling on the current design. Generally, the approx. 800m alignment is intended to run through Council owned land, however it will cross three (3) private parcels of land which require the creation of easements. Construction is intended to be complete in the first quarter of 2022. A detailed design is attached for the information of Councillors.

Additionally, as there is currently no access to the site for the new Water and Sewerage Services Operations Depot and a new access road is required off Boundary Road, Bega. The attached alignment has been identified through negotiation with adjoining landholders and an easement for access is required.

Options

The options available to Council are:

1. Proceed with the acquisition of an easements over affected properties as detailed for the purposes of the construction of the new Bega Water Treatment Plant and Water and Sewerage Services Operations Depot on our adjoining parcel of land.

2. Advise the landowners that Council does not agree to progress the acquisition of easements as detailed. Noting this option will delay delivery of the project. If Council cannot secure easements over the current alignment, the project cannot proceed as planned and would result in significant additional whole of life costs to Council.

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

Community and Stakeholder Engagement

Engagement undertaken

Significant consultation with the landowners has taken place since early 2020, external legal providers, surveyors and contractors have also been consulted in relation to this matter.

Engagement planned

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

Financial and Resource Considerations

Following a formal Request for Quotation process, market valuations were obtained from Walsh and Monaghan Valuers to determine the compensation payable to the landowners for the proposed acquisition of easements for the purpose of constructing the new WTP and Water and Sewerage Services Operations Depot on our adjoining parcel of land pursuant to the provisions of the Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act). A copy of both valuations’ reports are attached for the information of councillors.

All costs associated with creation of the easements will be funded from Council’s sewer fund.

Council Property Officers and external legal panel providers will be required to finalise the relevant documentation to complete any acquisition process.

Legal /Policy

It is a requirement under the Local Government Act 1993 (LG Act) that Council resolve to acquire land and interests in private property.

If Council approval is granted, the acquisitions are proposed to proceed by way of agreement with the affected landowners and Deeds of Agreement will be entered into, setting out the undertakings to do all things necessary to effect registration of the easements. The Deeds are being prepared by Council’s solicitor, and all costs associated with creation and registration of the easements will be borne by Council.

The consultant appointed by Council has completed the required detailed design which is attached for the information of Councillors and is progressing the required survey plans to ensure Council’s easement requirements are met.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The development of the WTP is identified in the current Operational Plan:

o 4.8.8- Deliver water supply and sewerage system capital works (upgrade and new)

o 4.8.8.3 Release tender and commence construction of the Bega Water Treatment Plant.

Environment and Climate Change

There are no environmental or climate change concerns associated with the proposed acquisition of the easements.

Economic

There are no additional economic matters associated with the proposed acquisition of the easements that are not already addressed in this report.

Risk

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

Social / Cultural

There are no social / cultural matters associated with the proposed acquisition of the easements that are not already addressed in this report.

Attachments

1. Walsh and Monaghan Valuation report 101 and 121 Boundary Road, Bega (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

2. Walsh and Monaghan Valuation Lot 2 Boundary Road, Bega (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

3 ⇩. South Bega Sewer Detailed Design

Council 3 November 2021

Item 11.10

11.10. Local Roads and Community Infrastructure (LRCI) 2022 Funding Allocation - Kalaru Streetscape

This report recommends that Council provide delegation to the CEO to apply for and potentially accept grant funding awarded by the Australian Government through Phase 3 of the Local Roads and Community Infrastructure Program (LCRI) and allocate a portion of this funding to the Kalaru Streetscape project.

Director Assets and Operations

Officer’s Recommendation

1. Provide the delegation to the CEO to request and potentially accept grant funds under Phase 3 allocation of Federal Government’s Local Roads and Community Infrastructure Program (LRCIP).

2. Allocate $1,262,507 of the Local Roads and Community Infrastructure Program Phase 3 funding allocation to deliver the Kalaru Streetscape project as outlined in this report.

3. Council note the funding sources and endorse the scope and phased delivery of the Kalaru Streetscape project.

4. Council note that the projects for the remaining funds of Local Roads and Community Infrastructure Program (LRCIP) Phase 3 are yet to be determined and will be subject of a further report to Council.

Executive Summary

The Australian Government has noted its intent to allocate Council $2,443,966 under Phase 3 of the Local Roads and Community Infrastructure Program and it is expected this funding will be available commencing January 2022. Delegation is sought for the CEO to accept this grant funding and allocate $1,262,507 of this funding towards the delivery of the Kalaru Streetscape project.

Background

The Federal Government’s Local Roads and Community Infrastructure Program (LCRIP) is indicatively a non-competitive funding allocation designed to support local Councils to deliver priority projects to support local economies to recover from the COVID-19 pandemic and natural disasters.

Council received $1,221,983 of funds through Phase 1 of this program and a further allocation allocated of $1,720,920 for Phase 2. A further $2,443,966 under Phase 3 has been allocated for Bega Valley Shire (refer to attached funding allocation for LRCIP – Phase 3 Allocations).

From January 2022, councils will be able to access funding through LRCI Program Phase 3, with projects under the Program to be delivered by 30 June 2023.

It is the recommendation of this report that $1,262,507 of the LRCIP funding is allocated to the Kalaru Streetscape project which has been developed in consideration of the Tathra to Bega bike path and in response to the increased development activity within Kalaru.

The Tathra to Bega Road is a regional road controlled and maintained by council. Council officers have undertaken a full road corridor design of the Tathra to Bega Road between Blackfellow Lake Road and Armstrong Drive. The design considers the existing topography and road alignment, the location of current services (power, water, telecommunications), address stormwater issues through the installation of kerb and guttering, and an extension of the shared path network.

A copy of this design is appended to this report for information and endorsement. The works have been split into 3 main packages and discrete sub packages which are described below and depicted in the appended drawings.

1. Package 1 - Construction of a shared path between Old Wallagoot Rd and Armstrong Dr with the inclusion of a footpath connection to the Lot Stafford subdivision.

This portion of work will involve the installation of stormwater infrastructure, retaining walls and kerb and gutter along the Southern side of Tathra Rd. Stabilisation and resealing of the roadway will also be undertaken with future stormwater crossing components being installed in anticipation for future upgrade works.

2. Package 2 - Construction of kerb and gutter along the Northern side of Tathra Rd including the installation of stormwater infrastructure.

3. Package 3a - Western drainage: Consists of significant stormwater infrastructure where the use of large box culverts is required to cater for the large hydraulic flows while maintaining minimal cover to the ground level where larger pipes are not suitable.

This work will also include the kerb and gutter works to the western extent of Kalaru and Lot Stafford Drive on the Northern side of Tathra Rd.

4. Package 3b - Eastern Drainage and missing link of shared path: Consists of completing the stormwater infrastructure from Blackfellows Lake Rd towards Evans Park addressing the current stormwater issues that are present after heavy rains along with kerb and gutter.

5. Package 3c - The construction of the missing link of shared pathway where it currently finishes opposite the Blackfellows Lake Rd intersection and the proposed new path from Old Wallagoot Rd through to Armstrong Drive.

This portion of the shared path construction will involve the removal of the existing concrete path that is too narrow to be deemed a ‘shared path’; the installation of kerb and gutter along the southern side of Tathra Rd through to Old Wallagoot Rd from the existing point which will aid in the formalisation of the bus bay; and formalisation of the intersection with Blackfellows Lake Rd and Tathra Rd.

This section of path will also require significant service relocations for Telstra pits and the overhead power poles all of which are within the current proposed footprint of the new shared path.

Packages 1 and 2 are proposed to be delivered this financial year internally by the Council Works teams primarily from existing grant funding sources plus special rate variation allocations if required, with an estimated project cost of $2.465m.

Package 3 is estimated to cost a further $3.54m in total with sub package 3b, comprising the installation of 750mm stormwater pipes and associated kerb and gutter, estimated to cost $1.027m.

Delivering sub package 3b as part of this project is considered to provide a value for money outcome as it will result in less abortive works into the future due to the location and extent of civil works for the road pavement required for installation and assist with addressing the upstream flows of stormwater in Kalaru.

Package 3a and 3c are not yet funded and will form part of future funding bids. They would also require approvals from Essential Energy, Telstra and NBN to relocate existing infrastructure and would not be possible in the current funding timeframes.

Options

Options available to Council are to:

1. Provide the delegation to the CEO to seek and accept grant funds under Phase 3 allocation of Federal Government’s Local Roads and Community Infrastructure Program (LRCIP) and allocate $1,262,507 of the funding to deliver the Kalaru Streetscape project.

2. Not to provide the delegation to the CEO to accept grant funds under Phase 3 allocation of Federal Government’s Local Roads and Community Infrastructure Program (LRCIP) and wait until after January 2022 to determine allocation of funding across projects within the Bega Valley.

3. Seek alternative funding sources for the Kalaru Streetscape project to cover this funding gap.

Community and Stakeholder Engagement

Engagement undertaken

Considerable community engagement was undertaken in the development of path from Kalaru to Bega and there have been ongoing community enquiries both formal and informal, including from residents and other various community interest groups seeking the extension of the footpath network within Kalaru.

Engagement planned

Local stakeholder engagement will occur during the project delivery phase through a variety of traditional and electronic media to those properties and businesses impacted by the proposed works.

Financial and Resource Considerations

Council Officers have identified several funding sources to deliver this project which are linked to various State and Federal funding sources and are detailed in the table below.

Item	$ Excl GST
Expenditure Detail
Package 1 – Project Estimate	$1,800,000
Package 2 – Project Estimate	$665,000
Package 3a – Project Estimate	Excl.
Package 3b – Project Estimate	$1,027,000
Package 3c – Project Estimate	Excl.
Total Expenditure	$3,492,000 (sum of all costs)

Source of Funds
NSW Govt Active Transport Grant* (Note variation to proceed is still awaited from TfNSW)	$714,500
NSW Government - Regional Road Repair Grant	$477,993
Federal Government - Local Roads and Community Infrastructure Program (LRCIP) – Phase 3	$1,262,507
NSW Government - Block Grant	$801,335
Fed Government - Roads to Recovery Funding	$235,665
Total income available	*$3,492,000 total income = total project cost**

Total Project Capital Cost	$3,492,000
Total Available Construction Funding	$3,492,000
Project Funding Shortfall/Surplus	*$0= total expense – total income*

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Capital Investment \| Renewal, Upgrade, New	$3,492,000
Annual maintenance and operational costs	t.b.c
Depreciation costs	t.b.c
User charges (annual income)	N/A

Legal /Policy

The acceptance of grants is a regular activity of Council. Grant agreements are well understood. Conditions in the grant agreements are abided to by project managers and all other staff and contractors involved in delivering the projects. Any major variations are reported to Council.

Council are the road authority for the Bega - Tathra Road and a Review of Environmental Factors (REF) has been undertaken in accordance with Part 5 of the of the Environmental Planning and Assessment Act 1979.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The grants recommended for acceptance are consistent with Council’s identified priorities, and deliver on the following Goals in the Community Strategic Plan:

Goal 10: We have a network of good quality roads, foot paths and cycleways connecting communities throughout the Shire and beyond.

The project also aligns with the Vision and Goals and Short-Term Priority proposals of the Bega Valley Bike Plan.

Environment and Climate Change

A Review of Environmental Factors (REF) has been prepared for the project in accordance with the requirements of Section 111 of the Environmental Planning and Assessment Act 1979 and Section 228 of the Environmental Planning and Assessment Regulation 2000 specifying a ‘duty to consider environmental impact’ has been prepared by suitably qualified and experienced personnel.

Economic

The project will deliver local economic stimulus which will contribute to economic recovery from recent bushfires and the COVID-19 pandemic.

Council’s procurement practices, and the requirements of the grants, favour award of contracts to local suppliers, providing they are able to demonstrate value for money.Risk

The acceptance of grants and subsequent delivery of capital works projects is standard business for Council. Risks are managed in accordance Council’s project management framework and standard operating procedures, which require project risks to be identified, assessed and mitigated

A variation has been submitted to Transport for NSW (TfNSW) to vary the current Active Transport Funding to allow for the funding to be used to extend the shared path network in Kalaru. Should this variation not be approved alternative sources for funding will be required to progress this project.

Council officers have held a series of meetings with TfNSW and the feedback is that this variation is in line with the Active Transport funding requirement and the variation is currently with the NSW Government delegate for final determination. It is anticipated that we will have a decision on this prior to allocating the remaining LCRI funds.

Social / Cultural

The proposed streetscape work within Kalaru has the potential to:

- Provide significant social and health benefits for the region,

- Provide a safe and accessible route for cyclists and pedestrians, and

- Increase the amenity for the residents of Kalaru.

Attachments

1 ⇩. Attachment: LRCI-program-phase-3-funding-allocations.pdf

2 ⇩. Attchment to LRCI funding allocation report: Kalaru Bike Path Public Consultation REV1.pdf

3 ⇩. Attachment to LRCI funding allocation report: Kalaru Village iss 2 - PROPOSED STAGING.pdf

Council 3 November 2021

Item 11.11

11.11. Waste Collection Services Contract Update

Proposed extension of Councils Waste Collection Services Contract with Cleanaway.

Director Assets and Operations

Officer’s Recommendation

1. That Council agree to offer Cleanaway a 2-year extension to contract 78/17 for Waste Collection Services; and

2. That The Acting Chief Executive Officer be delegated to authorise the required documentation.

Executive Summary

Council’s contract with Cleanaway for kerbside waste collection services is a 5-year contract expiring on 30 June 2023, with the option for a 2-year extension. Noting the impending deadline, it is time to consider whether a contract extension is warranted. This report discusses the feasibility of offering the 2-year contract extension (to June 2025) versus tendering for a new contract commencing 1 July 2023.

Background

Waste collection services are a core function that Council provide to the community. Council spend close to $3m per annum on the kerbside collections contract, across the domestic and commercial waste streams, and as it is planned to extend the number of services to include rural properties this spend will increase further.

The current contract for waste collection services is held by Cleanaway and is a 5-year contract expiring on 30 June 2023, with the option for a 2-year extension. Noting that it will take considerable time for staff to prepare and negotiate a tender and that any successful tenderer will need sufficient time to prepare and mobilise (perhaps over 12 months if vehicle purchases are required), it is time to consider whether a contract extension is warranted.

Waste strategy and project alignment

There are several strategic waste initiatives and programs, driven by Council’s adopted Waste Management and Resource Recovery Strategy, that staff aim to deliver over the next five years, and that are tied to the Waste Collection Services Contract. These programs and initiatives include (but are not limited to):

- Expansion of FOGO collection service to Bemboka residents

- Changing rural red bin collections to fortnightly

- Voluntary second weekly FOGO collection for commercial customers

- Expansion of kerbside collection service to rural properties; and

- Introduction of FOGO and recycling to public place recycling bins.

Noting that Council’s existing organics processing facility at Merimbula is currently operating beyond capacity and need of upgrade, as the above-referenced programs are rolled out Council will see further diversion of organic material from the waste stream, and it is the intention to have an improved solution for organics processing (either via a new Council facility, or private) that complements the commencement of a new waste collections contract in 2025. As such, the delivery schedule of these programs and initiatives is directly influenced by the Waste Collections Services contract and its subsequent renewal or extension.

Consideration is also given to Council’s current resourcing allocation for Waste Services, and its delivery of significant waste projects in line with the Waste Strategy and adopted Delivery Program. At present, staff are concentrating on the expansion of the waste collection service to rural properties; the proposed upgrade to Council’s existing organics processing facility; the expansion to the Central Waste Facility (CWF) landfill capacity; and the waste diversion projects FOGO for Business and Food Donation Education.

Associated infrastructure projects are also underway, including planning for a leachate treatment plant at the CWF, Capping to Cell 3 at the CWF, and site remediation and improvements to former landfill sites at Merimbula, Eden and Bermagui. Staff resources are currently fully committed to these and other projects.

The work required for preparation of project plans and tender documents that coincide with a new contract for waste collection services will occupy the complete attention of a full-time staff resource for a least 10 months. Presently, this additional burden would be challenging to manage.

Should Council agree to a contract extension for the current incumbent, staff will be able to commit to ensuring that the above projects remain adequately resourced and delivered to a high standard and can better plan for a new waste collections contract that aligns with our overall strategic direction.

Contract 78/17 for Waste Collection Services

As previously described, Council’s contract with Cleanaway for kerbside waste collection services is a 5-year contract that commenced on 1 July 2018. Now three years into the contract, staff can confirm that Council continue to maintain a positive and functional working relationship with Cleanaway. Having also served the Bega Valley through the preceding waste collection contract, the Cleanaway brand is well known within the community, with their trucks and waste collection services extending beyond the kerbside collections contract to provide a variety of other services for both Council and privately to Bega Valley Shire residents.

Referenced in the contract is an option for Council to offer Cleanaway a 2-year extension, thereby committing both parties to a contract expiry date of 30 June 2025. If offered, Cleanaway have indicated that they would be agreeable to a 2-year extension.

Options

Council may consider two options based on the information in this report.

1. That Council offer a 2-year extension to the current contract with Cleanaway for Waste Collection Services, thereby agreeing to a contract expiry date of 30 June 2025; or

2. That Council agree to not offer an extension to the current contract with Cleanaway for Waste Collection Services, thereby consenting to a contract expiry date of 30 June 2023. Council staff will then immediately commence preparation of new tender documents for waste collection services from 1 July 2023.

Community and Stakeholder Engagement

Kerbside waste collection services are a significant component of the overall waste management solution provided by Council to the community. Programs and initiatives associated with the kerbside waste collections services were considered and communicated as part of the overall review and development of Council’s Waste Management and Resource Recovery Strategy, adopted in 2018.

Engagement undertaken

Staff worked with the community to develop Council adopted Waste Management and Resource Recovery Strategy. Through formation of a Waste Strategy Working Group, Council was able to explore and discuss emerging trends in waste management including consideration of the community benefits of managing and processing waste locally. Themes and initiatives relevant to the waste collection services contact that were reviewed by the Waste Strategy Working Group include:

- Increases in recycling

- Changes to bin sizes

- Changes to bin service frequencies

- Introduction of a kerbside FOGO collection service

- Service innovation, awareness and education to encourage greater separation of kerbside garbage, recycling and organics at home.

The information referenced in Council Waste Management and Resource Recovery Strategy supports the Council adopted 4-year Delivery Plan and Operational Plan for 2021-22, as well as Council’s 30-year financial plan for Waste services.

Engagement planned

No engagement relevant to the extension or renewal of the Waste Collection Services Contract is scheduled to be undertaken.

Financial and Resource Considerations

Council charge for waste collection services under sections 496 and 501 of the Local Government Act 1993. Charges are influenced by bin size, collection frequency, location, waste stream etc., and there are rise and fall provisions in the contract to the benefit of both parties.

Given the complexity and variability of waste charges between Councils throughout the state, it is difficult to establish a benchmark cost for waste collection services. Across the industry, however, prices for waste collection and processing services continue to increase.

It is difficult to foresee what the financial outcomes would be if Council were to go out to tender for waste collection services without progressing through the procurement process, however it is anticipated that contract costs will continue to increase on a linear scale each year.

An extension of contract would be negotiated based on the current contract price plus CPI inflation.

Legal /Policy

Council’s contract with Cleanaway for waste collection services was awarded and is managed under the provision of the Local Government Act 1993 and the Local Government (General) Regulation 2005.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

There are several waste service initiatives and programs, driven by Council’s adopted Waste Management and Resource Recovery Strategy, that staff aim to deliver over the next five years.

The delivery schedule of these programs and initiatives is directly influenced by the Waste Collections Services contract with Cleanaway and its subsequent renewal/extension.

Goal 6 of Council’s Community Strategic Plan states that we are leaders in sustainable living and support innovative approaches to resource recovery and the production of renewable energy and food.

Outcome 3.6.1- of Council’s Operational Plan for 2021-22 explains that Council will deliver waste collection, waste disposal and recycling services and infrastructure.

Environment and Climate Change

The waste collection services contract seeks to provide a clean, smart and effective waste management solution for a variety of waste streams in the Shire. Changes to the service, such as introduction of recycling and food and garden organics services, have helped drive diversion of waste from landfill and subsequent recovery of resources. Themes and initiatives identified in Council’s Waste Management and Resource Recovery Strategy seek to enable further diversion of waste, however they largely rely on the provisions of the waste collection services contract.

Council’s adopted Climate Resilience Strategy supports reduction in waste to landfill, identifying it as a key performance measures and target to achieve by 2050.

Economic

Based on the results of the original tender process, and staff knowledge of the industry and key service providers, it is widely understood that Cleanaway currently maintain a strong competitive position within the Bega Valley. Notably, Cleanaway have a suitable fleet, waste storage and processing facilities, a strong local customer base, and extensive knowledge of the Council’s ratepayer base and service areas. Competitors JR Richards and Suez are also establishing a presence in the Bega Valley and could be a contender, should Council go out to tender for the service.

Furthermore, Cleanaway employ a local staff and are based at a well-established depot located in South Bega, where they’re customer service team is also located. A contract extension provides ongoing security to the business and associated staff who live in the Bega Valley.

Risk

After being awarded a contract for waste collection Services, a successful approved contractor will seek at least one year to mobilise in readiness for a contract start date. Noting this, and with the 30 June 2023 contract expiry date looming, Council staff need to commence preparation of tender documents as soon as practicable should a contract extension not be offered to Cleanaway.

Awarding a contract extension allows Council staff to time to prepare and align project plans and strategic waste projects with a new waste collection contract, and establish a new option for organics processing (either via a new Council facility, or private), allowing for the additional collection of organic material.

Social / Cultural

Commercial and domestic waste collection from the kerbside is a standard level of service expected in and beyond the Bega Valley. The service is delivered to ensure consistently is maintained for all users, with considerations such as bin sizes, bin lid colours, and collection frequencies all strategically managed by Council staff.

Council maintain a positive and functional working relationship with the current contractor, Cleanaway, who have established themselves well in the Bega Valley with a suite of local staff and a depot located at Kerrisons Lane in Bega. The Cleanaway brand is well known within the community, with their trucks and waste collection services extending beyond the kerbside collections contract to also include septic and grease trap servicing, commercial waste collections, and recycling.

Attachments

Nil

Council 3 November 2021

Item 11.12

11.12. Classification of land dedicated to Council at Kalaru

This report seeks approval to commence a public notification process to classify land dedicated to Council at Kalaru as operational land under the Local Government Act 1993 (NSW).

Director Assets and Operations

Officer’s Recommendation

1. That Council receive and note the report.

2. That Council give notice of its intention to classify Lot 10 DP 1278152 at Kalaru as operational land under section 34 of the Local Government Act 1993 (NSW).

3. That Council approve the creation of a positive covenant over Lot 10 DP 1278152 in accordance with Section 88D or 88E or the Conveyancing Act 1919 to the benefit of the adjoining landowners of Lots 20 and 21 DP 1274310 as outlined in the report of 3 November 2021.

4. That all costs associated with the creation of the positive covenant be met by the landowners of Lots 20 and 21 DP 1274310 including but not limited to legal costs, survey costs and registration fees.

5. That the Chief Executive Officer and Mayor be authorised to execute the necessary documentation to affect the above course of action.

Executive Summary

A Council Resolution is being sought to commence the public notification process required under section 34 of the Local Government Act 1993 (NSW) (LG Act) to classify Lot 10 DP 1278152 at Kalaru as operational land.

Background

Lot 10 DP 1278152 at Kalaru was dedicated to Council, as a public reserve, as required under the consent for development application (DA) 2016.358. This land parcel was dedicated to Council for the purpose of a future pedestrian thoroughfare, and has an area of 2,820m².

Council officers have determined the parcel of Council owned land should be classified as operational land to allow for the registration of easements. It is intended to create an easement over the parcel to provide for a future pedestrian thoroughfare to connect the pedestrian laneway in the adjacent subdivision with Blackfellows Lake Road and a positive covenant for establishment of an asset protection zone (APZ) to benefit the two adjacent neighbouring land parcels being Lots 20 and 21 DP 1274310. A notation will remain on the title indicating it is a public reserve.

To comply with the requirement that classification should occur within three (3) months of acquisition under Section 31 of the LG Act, a Resolution of Council is now sought to classify the land recently dedicated to Council at Kalaru as operational land.

Figure 1 – Subdivision approved under DA 2016.358 showing the proposed public reserve (Lot 10 DP 1278152), laneway to the west and Blackfellows Lake Road to the east.

Options

The options available to Council are:

1. Commence the public notification process to classify Lot 10 DP 1278152 at Kalaru as operational land, to allow for creation of an easement for an active transport thoroughfare and establishment of APZ’s over part of the lot; or

2. Resolve not to commence the public notification process to classify Lot 10 DP 1278152 at Kalaru as operational land. Any land parcel dedicated to Council that is not classified by a Resolution within three (3) months, will at the end of the three (3) month period be taken to have been classified under a Local Environmental Plan as community land. If Lot 10 DP 1278152 at Kalaru was to revert to community land, the land may not be used for any purpose other than that for which it was being used immediately before it was acquired, and Council may not dispose of any interest in the land or create easements over the land.

Community and Stakeholder Engagement

Engagement undertaken

Consultation has been undertaken with the Rural Fire Service and landowners of Lot 20 and Lot 21 DP 1274310, immediately to the south of the dedicated land, in relation to the asset protection zone requirements for Lots 20 and 21 DP 1274310.

Consultation has also been undertaken with Council’s asset management and planning teams in relation to the provision of pedestrian access in this vicinity.

Engagement planned

Section 34 of the LG Act provides that a public notice of such a proposed Resolution must be advertised giving 28 days for receipt of public submissions. A further report will be presented to Council after the submission period, noting any submissions received and seeking a final Resolution to classify Lot 10 DP 1278152 at Kalaru as operational land.

It is proposed that, should Council resolve to classify the land, that landowners of adjacent lots to the south be advised of Council’s intention to offer the parcel for the creation of an APZ via a positive covenant.

Financial and Resource Considerations

Regulations have been made under section 747B of the LG Act to temporarily modify the application of the Act in response to the COVID 19 pandemic. The amendments have been made to remove the requirement for Council notices to be advertised in newspapers and instead allow the relevant notice to be published on the Council’s website. This is not a temporary measure and will be ongoing. Therefore, this matter has no direct financial impact upon Council's adopted budget or forward estimates.

Staff will be required to complete the public notification process to classify the land parcel.

Additionally, the landowners at Lot 20 and Lot 21 DP 1274310 will be required to pay for all costs associated with this matter, including legal costs, survey work, plan preparation and registration fees to formalise the matter.

The creation of easements will require property officers’ time and resources as well as the engagement of third parties and legal representatives.

Legal /Policy

Under section 26 of the LG Act, Council land must be classified as either community or operational land. Section 31 of the LG Act provides that a property may be classified within three (3) months of dedication by Council Resolution or it automatically defaults to community land.

APZ’s must be created by way of positive covenant in accordance with Section 88D or 88E of the Conveyancing Act 1919 (NSW). The positive covenant documentation should ensure that:

· The registered proprietor(s) of the land which is benefited by the positive covenant shall:

o Be responsible for maintenance of the APZ and any ongoing associated cost.

o Indemnify Council against any loss, injury or damages incurred undertaking the activities defined in the APZ Management Plan or from failure to maintain the APZ to the RFS approved standards.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposed classification of land algins with Council’s requirements under the Revised 2017 – 2021 delivery Program/ 2020 - 2021 Operational Plan to manage Council’s property portfolio and meet statutory obligations under the LG Act.

The proposal is consistent with Council’s adopted land use planning strategies to achieve efficient utilisation of land identified for residential development and support active transport and consistent with Council’s adopted position not to accept establishment and maintenance of private APZ on Council land without a formal positive covenant registered over the parcel of land.

Environment and Climate Change

Lot 10 DP 1278152 is proposed for a pedestrian thoroughfare, which would require removal of vegetation. The RFS has also identified that the area is required for an asset protection zone to protect proposed dwellings on Lots 20 and 21 DP 1274310. Removal of vegetation on Lot 10 DP 1278152 to establish an asset protection zone is permitted under the 10/50 Vegetation Clearing Code of Practice.

Trees may only be removed where the trunk (being any part of the trunk at a height of 1.3 metres above the ground) is within 10 metres of the residential accommodation, high-risk facility or farm shed. Vegetation clearing work must be carried out in accordance with the 10/50 Code.

If a person does not have an external wall of a building on their own land and are relying on an external wall of a building on adjoining land to authorise the clearing of their land; then that person must obtain the written consent of each owner of adjoining land on which there is an external wall of a building that could be used to authorise the clearing (see Clause 7.1).

Tree removal outside that allowable under 10/50 will be subject to other environmental approvals and not covered by the 10/50 Code of Practice.

Economic

There are no material economic impacts associated with the proposal.

Risk

The proposal seeks to achieve the combine outcomes of providing a pedestrian thoroughfare, increasing bushfire protection of adjacent property and reducing costs to Council for ongoing management of the required asset protection zone.

Social / Cultural

There are no material social or cultural impacts associated with the proposal. The proposal retains public benefit of Lot 10 DP 1278152 for a pedestrian thoroughfare, while also increasing bushfire protection.

Attachments

Nil

Council 3 November 2021

Item 12.1

12.1. Audit, Risk & Improvement Committee End of Term Report

The purpose of this report is to summarise the internal audit, risk management and improvement undertakings of the Audit, Risk and Improvement Committee (ARIC) during the term of Council from 2016 to 2021.

Director Business & Governance

Officer’s Recommendation

That Council acknowledges and thanks the Audit, Risk and Improvement Committee (ARIC) for the work conducted during this term of Council and continues to support the Committee as it conducts its legislated mandate to promote good corporate governance at Bega Valley Shire Council.

Executive Summary

This report covers the activities of ARIC during the Council term from 2016 to 2021. It demonstrates the benefit internal audit brings to Council and how it assists the elected Councillors in understanding how Council should operate in terms of efficiency and compliance.

Background

ARIC is an independent advisory committee consisting of community volunteers that help our elected officials meet their responsibilities to oversee Council. Specifically, ARIC monitors organisational performance, drives a culture of continuous improvement amongst staff, and critically provides a degree of independent oversight into the operational and strategic functions of Council. Finally, ARIC is a requirement of the Local Government Act (Part 4A Internal Audit sub Section 428A).

Options

As previously stated, the Bega Valley Audit, Risk and Improvement Committee exists to promote good corporate governance at Council and specifically will continue to further integrate enterprise risk into the audit function and to advise Council on risk assurance by driving future improvements over the next Council term by:

· Overseeing the implementation of Council’s audit plans

· Working with the Audit Office of NSW to ensure BVSC meets compliance requirements

· Assisting in identifying ways BVSC can minimise red tape and aim to streamline processes with a focus on identifying opportunities for improvement

· Implementation of the OLG’s Audit & Risk Framework

Community and Stakeholder Engagement

The Audit, Risk and Improvement Committee is an independent advisory committee consisting of community volunteers that help our elected officials meet their responsibilities to oversee Council. In this sense ARIC is a form of consultation with key identified community members who conduct their service to Council in accordance with the requirements of the Local Government Act. The members of the Committee, taken collectively, have a broad range of skills and experience relevant to its functions. Membership of the Committee is by appointment to the position which is determined by an expression of interest that is advertised externally as detailed in the ARIC Charter.

Engagement undertaken

The Committee meets at least four times a year, with one of these meetings to include review and endorsement of the annual audited financial reports and external audit opinion as well as review and endorsement of the annual Internal Audit Plan. At times ARIC has been required to schedule additional meetings (e.g ad hoc meetings to review financial statements) and these meetings can be held in person, by telephone or by video conference but preferably face-to-face.

Where internal audit priorities change between meetings or new urgent issues arise, and where it is not possible to schedule an additional meeting, the Committee stays informed of all changes out of session through digital communications.

Engagement planned

The existing meeting arrangements (as detailed in the point above) will continue into the term of the next Council.

Financial and Resource Considerations

ARIC runs on an extremely modest budget; this is accomplished as ARIC is a volunteer Committee. Due to financial pressures for Council in the FY2022 reporting period ARIC has put a 12 month hold on the externally resourced operational audit plan and will concentrate on other related matters including progression of past audit recommendations, fraud and corruption action plan and other internal improvement opportunities. The FY2022 Budget for ARIC is detailed in the table below:

Item	$ Excl GST
Expenditure Detail
ARIC meeting room hire	$855
ARIC meeting catering costs	$1275
ARIC member reimbursements for out of pocket expenses	$522
Total Expenditure	$2652
Source of Funds
WO 8643.2106.2203	$3000

Legal /Policy

Local Government Act (Part 4A Internal Audit sub Section 428A)

A key component of ARIC’s mandate is to review compliance measures taken by Council. Specifically, ARIC aims to determine if management has appropriate mechanisms for managing legal and compliance risks as part of risk assessment and management arrangements. This includes ensuring systems for monitoring compliance with relevant laws, regulations and associated government policies are effective.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

ARIC in conducting its duties as defined in the Local Government Act contributes to the following strategic and operational plan aspirations of Council:

6: Strong, Consultative Leadership

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

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

Environment and Climate Change

ARIC reviewed Council’s Climate Change Risk Assessment which took a holistic approach to assessing climate related risks that Council may face in the future. The Committee will continue to include environmental risks within its scope of monitoring Council undertakings as defined by the Local Government Act and Committee Charter.

Economic

In accordance with the Charter, ARIC aims to provide input and feedback on the financial statements and performance audit coverage proposed by the External Auditor, and feedback on the External Audit services provided. This includes reviewing external plans and reports in respect of planned or completed external audits, and monitoring management’s implementation of audit recommendations. Additionally, the Committee considers significant issues arising in relevant reports and better practice guides and seeks to ensure procedures are in place to ensure that Council’s financial statements comply with Australian accounting standards. This oversight by ARIC helps drive a culture of fiscal prudence and risk awareness within Council which in turn has broader economic impacts within the Local Community.

Risk

The Local Government Act requires all Councils to appropriately manage its risks by having a structured risk management framework in place to identify any known and emerging risks they face and implement controls to manage these risks.

ARIC seeks to ensure effective risk management by providing governance oversight on Council’s risk management arrangements.

Social / Cultural

Finally, ARIC aims to drive a positive and efficient organisational culture by ensuring Council’s Management has taken steps to embed a culture which is committed to achieving efficient and effective operations with ethical and lawful behaviour. By reviewing Councils governance framework ARIC can examine how well Council is managed, directed and held accountable for achieving its goals in the best interests of our community.

Attachments

1 ⇩. ARIC End of Term Report 2016 to 2021

Council 3 November 2021

Item 12.2

12.2. Code of Conduct Statistical Reporting 2020/2021

Statistical reporting on Code of Conduct information is required to be provided to the Office of Local Government annually.

Director Business & Governance

Officer’s Recommendation

That Council receive and note the report to Office of Local Government regarding Code of Conduct Statistics for the period 1 September 2020 to 30 August 2021.

Executive Summary

Council is required to publish annual statistical reporting information on Code of Conduct complaints lodged, regarding Councillors and the General Manager. The report information is required to be provided in a designated format, to the Office of Local Government with the reporting period being period 1 September to 30 August.

This report provides an overview of the number of complaints made within the given period.

Background

Part 11 of the Procedures for Administration of the Model Code of Conduct 2020 requires Council to provide the following information:

Part 11 Reporting on Complaints Statistics

12.1 The complaints coordinator must arrange for the following statistics to be reported to the council within 3 months of the end of September of each year:

a) the total number of code of conduct complaints made about councillors and the general manager under the code of conduct in the year to September (the reporting period)

b) the number of code of conduct complaints referred to a conduct reviewer during the reporting period

c) the number of code of conduct complaints finalised by a conduct reviewer at the preliminary assessment stage and the outcome of those complaints

d) the number of code of conduct complaints investigated by a conduct reviewer during the reporting period

e) without identifying particular matters, the outcome of investigations completed under these procedures during the reporting period

f) the number of matters reviewed by the Office and, without identifying particular matters, the outcome of the reviews and

g) the total cost of dealing with code of conduct complaints made about councillors and the general manager in the year reporting period, including staff costs.

11.2 The council is to provide the Division with a report containing the statistics referred to in clause 11.1 within 3 months of the end of September of each year.

Options

There are no options provided for this receive and note report.

Community and Stakeholder Engagement

Engagement undertaken

No community or stakeholder engagement is required in relation to provision of the statistical information to the Office of Local Government.

Engagement planned

No community or stakeholder engagement is required in relation to provision of the statistical information to the Office of Local Government.

Financial and Resource Considerations

Processing and recording of information relating to Code of Conduct matters is included in the operational budget for the Governance service. There is a small budget allocation each year to provide for any investigations that may be required.

Legal /Policy

As required by the Procedures for Administration of the Model Code of Conduct 2020, Bega Valley Shire Council submitted its return for the reporting period 1 September 2029 to 31 August 2021 to the Office of Local Government on 18 October 2021, as outlined in the table below:

Number of Complaints
1	a	The total number of complaints received in the period about councillors and the General Manager (GM) under the code of conduct	2
	b	The total number of complaints finalised in the period about councillors and the GM under the code of conduct	2
Overview of Complaints and Cost
2	a	The number of complaints finalised at the outset by alternative means by the GM or Mayor	2
	b	The number of complaints referred to the Office of Local Government under a special complaints management arrangement	0
	c	The number of code of conduct complaints referred to a conduct reviewer	0
	d	The number of code of conduct complaints finalised at preliminary assessment by conduct reviewer	0
	e	The number of code of conduct complaints referred back to GM or Mayor for resolution after preliminary assessment by conduct reviewer	0
	f	The number of finalised code of conduct complaints investigated by a conduct reviewer	0
	g	The number of finalised code of conduct complaints investigated by a conduct review committee	0
	h	The number of finalised complaints investigated where there was found to be no breach	0
	i	The number of finalised complaints investigated where there was found to be a breach	0
	j	The number of complaints referred by the GM or Mayor to another agency or body such as the ICAC, the NSW Ombudsman, the Office or the Police	0
	k	The number of complaints being investigated that are not yet finalised	0
	l	The total cost of dealing with code of conduct complaints within the period made about councillors and the GM including staff costs	$200

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Outcome 6: Strong and Consultative Leadership

Delivery Program 6.11.8: Develop and implement good governance systems:

Environment and Climate Change

There are no direct environment and climate change impacts relating to the recommendation of this report.

Economic

There are no direct economic impacts related to the recommendation of this report.

Risk

Reporting publicly on Code of Conduct complaints provides the community with information about the activities related to the adopted Code of Conduct. It demonstrates, without identifying individual cases, that when Council receives complaints, they are dealt with appropriately. This administrative reporting process provides a control mechanism for management of reputational risk of Council.

Social / Cultural

There are no direct social or cultural impacts related to the recommendations of the report.

Attachments

Nil

Council 3 November 2021

Item 13.1

13.1. Certificate of Investment September 2021

This report details Council’s cash and investments at the end of September 2021.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the attached report on Council’s investment position as at 30 September 2021.

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

Executive Summary

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

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

Background

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

Options

This is a receive and note report and does not require consideration of options for decision.

Community and Stakeholder Engagement

Engagement undertaken

There is no community or stakeholder engagement associated with the recommendation of this report.

Engagement planned

Not applicable.

Financial and Resource Considerations

A list of Councils cash and Investments at 30 September 2021 is detailed below.

The interest received by Council was far below anticipated and reflects low investment returns available. It is worth noting both T-Corp Strategic Cash Fund and T-Corp Cash Fund had a negative result that has reduced Council’s investment income. This will be reviewed with the September Quarterly Budget Review.

Council’s current investment performance exceeds the RBA 3 monthly deposit average for September 2021 of 0.03%.

The investments can be broken down into the following Funds:

Table 1: Investments by Fund $’000
Fund	July-2021	August-2021	September-2021
General Fund	17,558	32,985	34,776
Water Fund	25,047	22,101	23,733
Sewer Fund	43,300	41,869	41,621
TOTAL	85,905	96,955	100,130

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

Included in the General Fund investments are amounts that are externally restricted for specific purposes, i.e. contributions and unspent grants. In addition, there are amounts that are internally restricted by Council. The following table provides details of all funds by restrictions:

Table 2: Investments by Restriction
Source of Funds	Value
Total cash and Investments	$100,130,101
External Restrictions as per Draft Financial statements	$83,942,867
Internal Restrictions as Council report 22 September 2021	$9,256,083
Unrestricted funds	$6,931,151

The table above reflects the level of restrictions as per the Council’s reserves report also included in the business paper for the Ordinary Council on 22 September 2021.

The value of outstanding Government Grant Debtors on 30 September is valued at $8,531,670, of which $2,813,525 in within 30 days.

Legal /Policy

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

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

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

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

6: Strong, Consultative Leadership

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

6.12.5: Improve the provision of corporate financial services

Environment and Climate Change

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

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

Economic

Council’s investment policy objective is to maximise returns by investing with the most favourable rate of return. Performance of that investment is reported monthly, quarterly and annually.

Risk

Council policies have strict guidelines to reduce Council’s risk to capital. Other legal instruments, such as the Ministerial Order referenced above, are used to mitigate financial risk.

Social / Cultural

Maximising performance of returns enables the organisation to leverage additional funding received as a result of investments and use these towards community projects, programs and services.

Attachments

Nil

Council 3 November 2021

Item 17.2

17.2. Cr Fitzpatrick- Pambula and Bega Sportsground project timeframe

Cr Fitzpatrick asked the Acting Director Assets and Operations what the construction timeframe impacts would be for sporting clubs and whether they had been notified.

The question was taken on notice by the Acting Director Assets and Operations.

Director Assets and Operations

Staff Response

Pambula:

The Pambula Sports building is a major redevelopment at the Pambula Sports complex and forms part of a $4m fully grant funded package of works. It will replace three existing buildings on the site, being the existing ovals pavilion building, the public amenities building and the aging Frank Maher Pavilion. It is expected the construction period will be in the order of 10 months running through to December 2022.

The main impacts of construction will be lack of the main pavilion building and public amenities (to be demolished to enable construction of the new building). These impacts have been discussed in general with the Project Control Group (PCG) which includes representatives from the Pambula Sporting Complex site committee (representing the two primary user groups of the building being the Pambula Panthers AFL and Pambula Bulldogs Rugby League)

Discussions to date have identified the use of the Frank Maher Pavilion as temporary facilities; the intention being to reduce project costs related bringing in additional relocatable facilities. The aging Frank Maher Pavilion will be demolished after the new building is completed. The construction management plan has also identified a need to manage general site access and parking spaces during construction.

The project Review of Environmental Factors has been lodged with BVSC Planning for review. Construction timeframe impacts and needs for temporary facilities will continue to be discussed with the PCG as the project planning and programming continues to develop.

Bega:

The Bega Sports Building is a major redevelopment at the Bega Sports Complex and forms part of an $8.5m grant funded package of works. The concept plan for the project was endorsed at the Council meeting on 16 June 2021.

With such a large project there will be impacts during construction. This is generally well understood by the Project Control Group (PCG) which includes representatives from the Bega Devils Football, Bega Angledale Cricket Club and Bega Roosters Rugby League. Options are being considered for temporary facilities and/or alternate locations.

A follow up PCG meeting was held on 7 July 2021. Since then the project Architects have been working through design development and associated consultancy reports and assessments required to lodge the Development Application for the project.

In the report to Council it was identified ‘a significant environmental consideration for the Bega Sporting Complex Upgrade is location with respect to flood prone land. This will continue to be considered through the design development and approvals process. Careful consideration of finished levels, and construction methods and materials will mitigate potential impact to acceptable levels of risk.’ This consideration has been an important part of the design development process. At the time of drafting this update work is continuing on finding an acceptable balance between lowering likelihood of flood impact (i.e. the height of lower floor level), access to change rooms servicing the ovals (ramp grades), and methods of mitigating and managing impacts to an acceptable levels for planning assessment (i.e. use of barriers, drainage and materials in the lower level). This is to be resolved prior to submitting the Development Application.

In effort to assist the project through the Joint Regional Planning Panel process a town planning consultant has been engaged by the project architects to review project documents and administer the Development Application process.

Council staff have been liaising with the NSW Office of Sport representatives as the funding partner for the project. Discussion have noted that the initial project scope and milestones were developed in late 2019 / early 2020. Both the 2019/20 bush fires and Covid-19 have had an impact on progress. A draft project variation request has been submitted noting the bush fires of 2019/20 and adapting to COVID-19 have seen significant direct and indirect impact on capital works programs within Bega Valley Shire Council, examples being:

- Responding to bushfire infrastructure damage assessment and repairs

- Working to implement NSW heath requirements in response to COVID 19

- Implementing and adjusting to COVID 19 working conditions

- Staff resources being allocated to project management, administration and delivery of bushfire recovery-based projects.

- Generally high levels of project development and construction in the region

- Direct and indirect impacts the above have had on available resources (Project Management staff, consultancies) availability and capacity.

Understandably people are interested in the project are keen to know the program for construction when the new building will be available for use. It is appreciated the project has not progressed as quickly as in the initial program. But despite the challenges noted above there is progress being made. An updated program will be issued once the Development Application has been lodged and feedback on the revised program has been received from the Office of Sport.

The current licensee of the stadium (Fling) has been given notice to vacate as per the terms of the licence agreement (early January 2022) and will be given an option to extend once the project program has been revised. Current milestones see completion anticipated for May 2023.

Attachments

Nil

Council	3 November 2021
*Item 8.1 - Attachment 1*	Assessment of Heritage Significance Kameruka Golf Course

Council	3 November 2021
*Item 8.1 - Attachment 2*	Heritage Advisor Report Nomination of Heritage Listing Kameruka Golf Course

Council	3 November 2021
*Item 8.2 - Attachment 1*	Planning Proposal: Minimum site areas for dwellings, multi dwelling housing and residential flat buildings

Council	3 November 2021
*Item 8.2 - Attachment 2*	Summary of Submissions to Planning Proposal: Minimum site areas for dwellings, multi dwelling housing and residential flat buildings

Council	3 November 2021
*Item 8.3 - Attachment 1*	Draft Planning Proposal: Mixed Use Development in the B2 Local Centre Zone

Council	3 November 2021
*Item 8.4 - Attachment 1*	South Imlay Street HCA planning proposal post exhibition

Council	3 November 2021
*Item 8.4 - Attachment 2*	Summary of submissions to South Imlay Street HCA planning proposal

Council	3 November 2021
*Item 8.6 - Attachment 1*	Minor Amendments Planning Proposal Post Exhibition

Council	3 November 2021
*Item 9.1 - Attachment 1*	Bega Valley Awards Committee Guidelines 2021

Council	3 November 2021
*Item 9.1 - Attachment 2*	Bega Valley Shire Awards and Scholarships Committee Guidelines 2018

Council	3 November 2021
*Item 9.2 - Attachment 1*	Draft Affordable Housing Strategy

Council	3 November 2021
*Item 9.2 - Attachment 2*	Affordable Housing Background Paper

Council	3 November 2021
*Item 11.4 - Attachment 1*	Attachment 1 - ReBoot Bermagui 4 and 5 December 2021

Council	3 November 2021
*Item 11.4 - Attachment 2*	Attachment 2 - Christmas on Imlay 10 December 2021

Council	3 November 2021
*Item 11.4 - Attachment 3*	Attachment 3 - Bus Zone Andy Poole Drive Tathra

Council	3 November 2021
*Item 11.4 - Attachment 4*	Attachment 4 - Photo Union Street Intersection

Council	3 November 2021
*Item 11.5 - Attachment 1*	Administration of Crown roads policy

Council	3 November 2021
*Item 11.7 - Attachment 2*	Merimbula Transport Study 2021-23 consultants brief

Council	3 November 2021
*Item 11.8 - Attachment 1*	Council report dated 4 August 2021 - Proposed divestment of Narira Village Complex in Cobargo

Council	3 November 2021
*Item 11.9 - Attachment 3*	South Bega Sewer Detailed Design

Ordinary

Meeting Notice and Agenda

To:

Copy:

Live Streaming of Council Meetings

Publishing of Agendas And Minutes

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

Conflict of interest

The test for conflict of interest

Identifying problems

Local Government Act 1993 and Model Code of Conduct

Agency advice

Disclosure of pecuniary interests / non-pecuniary interests

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Apologies and requests for leave of absence

2 Confirmation Of Minutes

3 Declarations

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

5 Petitions

6 Mayoral Minutes

7 Urgent Business

8 Staff Reports – Planning and Environment

9 Staff Reports – Community, Culture and Leisure

10 Staff Reports –Economic Development and Business Growth

11 Staff Reports – Infrastructure Waste and Water

12 Staff Reports – Governance and Strategy

13 Staff Reports – Finance

14 Councillor Reports

15 Rescission/alteration Motions

16 Notices of Motion

17 Questions with Notice

18 Questions without Notice

19 Confidential Business

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

3 November 2021

Staff Reports –Planning And Environment

3 November 2021

8.1. Nomination former Kameruka Golf Course as Local Heritage Item

Officer’s Recommendation

Attachments

Council

3 November 2021

Staff Reports – Community, Culture and Leisure

3 November 2021

Council

3 November 2021

Staff Reports – Infrastructure Waste And Water

3 November 2021

11.4. Bega Valley Local Traffic Committee

Officer’s Recommendation

Reboot in Bermagui 4-5 December 2021

Recommendation

Christmas on Imlay Street December 2021

Recommendation

Proposed extension time of Bus Zone Andy Poole Drive Tathra

Recommendation

Intersection Carp Street and Union Street – Bega

Recommendation

Request for extended Bus Zone – Bega Street

Recommendation

Attachments

Council

3 November 2021

Staff Reports – Governance And Strategy

3 November 2021

Staff Reports – Finance

3 November 2021

17.1. Cr Fitzpatrick - 88B Instruments

Staff Response

General

Detail:

Attachments

Council	3 November 2021
*Item 11.10 - Attachment 1*	Attachment: LRCI-program-phase-3-funding-allocations.pdf

Council	3 November 2021
*Item 11.10 - Attachment 2*	Attchment to LRCI funding allocation report: Kalaru Bike Path Public Consultation REV1.pdf

Council	3 November 2021
*Item 11.10 - Attachment 3*	Attachment to LRCI funding allocation report: Kalaru Village iss 2 - PROPOSED STAGING.pdf

Council	3 November 2021
*Item 12.1 - Attachment 1*	ARIC End of Term Report 2016 to 2021