1.

Apologies

96/21

RESOLVED on the motion of Crs Seckold and Griff

That the apology from Cr Jo Dodds for 3 November 2021 Council meeting be noted.

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

Against:                  Nil

Absent:                    Cr Dodds

2.

Confirmation of Minutes

97/21

RESOLVED on the motion of Crs Seckold and Allen

That the Minutes of the Ordinary Meeting held on 20 October 2021 as circulated, be taken as read and confirmed with the following amendments, as indicated in red text.

·         To Item 11.1 - RFT 2122-014 Bega Valley Regional Gallery Redevelopment

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

Against:                  Nil

Absent:                    Cr Dodds

8

Movement of Staff Reports Items 8,9 and 10

98/21

RESOLVED on the motion of Crs Nadin and Seckold

That Staff Reports 8. Planning and Environment, 9. Community, Culture and Leisure and 10. Economic Development and Business Growth be moved below 13. Finance reports to accommodate Director Community, Environment and Planning attendance to the meeting.

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

Against:                  Nil

Absent:                    Cr Dodds

11.1

Proposed acquisition of 43 Red Gum Road, Yellow Pinch

99/21

RESOLVED on the motion of Crs Bain and Allen

1.    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.

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

Against:                  Nil

Absent:                    Cr Dodds

11.2

Contract for Services for the Management and Operation of Merimbula Airport

100/21

RESOLVED on the motion of Crs Allen and Bain

1.    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.

2.    That Council delegate authority to the CEO to enter into negotiations with Merimbula Airport         Operations for a variation to the Contract for Services for the Management and Operation of         Merimbula Airport.

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

Against:                  Nil

Absent:                    Cr Dodds

11.3

RFT 2021-96 Short Point Accessibility Project Construction Contract

101/21

RESOLVED on the motion of Crs Bain and Allen

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

That Council decline to accept the submitted tenders under Clause 178 of the Local Government (General) Regulation 2005 and enter into negotiations with the preferred tenderer, Ocean Class Building Pty Ltd, to find sufficient savings to achieve budget with a view to entering into a contract for the Short Point Accessibility Project construction works.

That should the negotiations not result in a sufficiently reduced cost to meet the available budget, staff undertake further review of the project scope, to find savings to achieve the project within budget while delivering core project objectives.

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

Against:                  Nil

Absent:                    Cr Dodds

102/21

RESOLVED on the motion of Crs Bain and Allen

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.

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

Against:                  Nil

Absent:                    Cr Dodds

11.4

Bega Valley Local Traffic Committee

103/21

RESOLVED on the motion of Crs Nadin and Seckold

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

1.    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.

2.    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

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

4.      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).

5.    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.

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

Against:                  Nil

Absent:                    Cr Dodds

11.5

Road transfer request - DA 2003.95 Stanley Street, Eden

104/21

RESOLVED on the motion of Crs Nadin and Bain

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.

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

Against:                  Nil

Absent:                    Cr Dodds

11.6

Funding opportunity for water and sewerage facilities

105/21

RESOLVED on the motion of Crs Nadin and Allen

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.

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

Against:                  Nil

Absent:                    Cr Dodds

11.7

RFT 2122-025 Merimbula Transport Study

106/21

RESOLVED on the motion of Crs Bain and Nadin

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

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

Against:                  Nil

Absent:                    Cr Dodds

107/21

RESOLVED on the motion of Crs Bain and Nadin

2.    That Council accept the tender from Cardno (NSW/ACT) Pty Ltd in relation to contract for the works    described in tender RFT 2122-025 Merimbula transport Study, in the amount of $87,670.00 (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.

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

Against:                  Nil

Absent:                    Cr Dodds

11.8

Disposal of Narira Village Complex, Cobargo

108/21

RESOLVED on the motion of Crs Bain and Griff

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

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

Against:                  Nil

Absent:                    Cr Dodds

109/21

RESOLVED on the motion of Crs Bain and Griff

2.    That Council endorse the recommendations in the confidential attachment

3.    That Council delegate authority to the Mayor and Chief Executive Officer to negotiate a sale         of Lot 2 DP 1027919, being Narira Village Complex in Cobargo as detailed in the Confidential         Memorandum attached to the report to Council’s Ordinary Meeting of 3 November 2021.

4.    That Council delegate authority to the Mayor and Chief Executive Officer to finalise and         execute the attached Funding Agreement between Bega Valley Shire Council and Department       of Communities and Justice as well as the Stage 1 and Stage 2 Community Housing Assistance            Agreements between Southern Cross Community Housing Limited and Department of Communities and Justice.

5.    That all fees to finalise this matter be payable by Council and NSW Land and Housing         Corporation split as per proportion of shareholding from the proceeds of sale.

6.    That Council hereby authorise its official seal to be affixed to the contract documents under         the signature of the Mayor and Chief Executive Officer.

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

Against:                  Nil

Absent:                    Cr Dodds

11.9

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

110/21

RESOLVED on the motion of Crs Allen and Bain

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.

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

Against:                  Nil

Absent:                    Cr Dodds

11.10

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

111/21

RESOLVED on the motion of Crs Seckold and Allen

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.

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

Against:                  Nil

Absent:                    Cr Dodds

11.11

Waste Collection Services Contract Update

112/21

RESOLVED on the motion of Crs Nadin and Bain

That Council:

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

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

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

Against:                  Nil

Absent:                    Cr Dodds

11.12

Classification of land dedicated to Council at Kalaru

113/21

RESOLVED on the motion of Crs Nadin and Seckold

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.

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

Against:                  Nil

Absent:                    Cr Dodds

12.1

Audit, Risk & Improvement Committee End of Term Report

114/21

RESOLVED on the motion of Crs Griff and Seckold

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.

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

Against:                  Nil

Absent:                    Cr Dodds

12.2

Code of Conduct Statistical Reporting 2020/2021

115/21

RESOLVED on the motion of Crs Bain and Nadin

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.

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

Against:                  Nil

Absent:                    Cr Dodds

13.1

Certificate of Investment September 2021

116/21

RESOLVED on the motion of Crs Nadin and Allen

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.

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

Against:                  Nil

Absent:                    Cr Dodds

8.1

Nomination former Kameruka Golf Course as Local Heritage Item

117/21

RESOLVED on the motion of Crs Allen and Bain

1.    That the item be dealt with today.

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

Against:                  Nil

Absent:                    Cr Dodds

118/21

RESOLVED on the motion of Crs Allen and Bain

2.    That Council resolve not to support the nomination of the former Kameruka Golf Course to be listed as a Local Heritage Item.

3.    That Council advise those who made the nomination and the landowner of Council’s decision.

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

Against:                  Cr Griff

Absent:                    Cr Dodds

8.2

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

119/21

RESOLVED on the motion of Crs Seckold and Allen

1.    That the item be dealt with today.

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

Against:                  Nil

Absent:                    Cr Dodds

120/21

RESOLVED on the motion of Crs Bain and Allen

That Council:

2.    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. 

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

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

Against:                  Nil

Absent:                    Cr Dodds

8.3

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

121/21

RESOLVED on the motion of Crs Bain and Allen

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.

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

Against:                  Nil

Absent:                    Cr Dodds

8.4

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

122/21

RESOLVED on the motion of Crs Bain and Nadin

That the matter be deferred for further consultation with property owners including 188 and 190 Imlay Street and a report be brought back to Council.

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

Against:                  Nil

Absent:                    Cr Dodds

8.5

Support for households in temporary accommodation on bushfire-affected land

123/21

RESOLVED on the motion of Crs Seckold and Bain

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.

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

Against:                  Nil

Absent:                    Cr Dodds

8.6

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

124/21

RESOLVED on the motion of Crs Bain and Allen

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.

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

Against:                  Nil

Absent:                    Cr Dodds

9.1

Establishment of Bega Valley Shire Awards Committee

125/21

RESOLVED on the motion of Crs Seckold and Allen

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 Nadin and Councillor Seckold to the Awards Committee in addition to the Mayor.

4.    Appoint Joy Foxwell and Lori Hammerton 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.

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

Against:                  Nil

Absent:                    Cr Dodds

9.2

Draft Affordable Housing Strategy

126/21

RESOLVED on the motion of Crs Griff and Seckold

1.    That the item be dealt with today.

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

Against:                  Nil

Absent:                    Cr Dodds

127/21

RESOLVED on the motion of Crs Griff and Seckold

That Council:

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

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

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

Against:                  Nil

Absent:                    Cr Dodds

17.1

Cr Fitzpatrick - 88B Instruments

A response to Cr Fitzpatrick’s Question with Notice was provided as a report in the Ordinary Council Meeting Agenda of 3 November 2021.

17.2

Cr Fitzpatrick - Pambula and Bega Sportsground project timeframe

A response to Cr Fitzpatrick’s Question with Notice was provided as a report in the Ordinary Council Meeting Agenda of 3 November 2021.

18.1

Royal Willows Development, Pambula

Cr Griff mentioned lost submission documents for the Royal Willows development and asked for an outline on the process and timeline and what the capacity for feedback and next steps are for the development application?

Director Community, Environment and Planning, Dr Howe advised a parcel of Council land was subsequently involved in the footprint that initiated a re development application, there have  been two opportunities for input into the Development Application. Council cannot determine the matter due to there being a Council parcel involved so it has been referred onto the Joint Regional Planning Panel (JRPP).
Planning staff will prepare an assessment report for the JRPP. There is currently no date for this,  it’s unlikely to be this year, the timeframe for submissions has closed but all submissions received up until the report has been finalised will be considered.
Dr Howe was unaware of missing submissions but apologised and encouraged those people to resubmit their submissions as all submissions will be accepted.

The Chief Executive Officer advised the correspondence referred to was only received this morning and that staff were investigating to determine which submissions if any had been misplaced.

18.2

Merimbula News Weekly - Meeting between Joint Regional Planning Panel (JRPP) and Councillors

Cr Bain advised the Merimbula News Weekly had an article in their paper regarding a meeting between the JRRP with Crs Fitzpatrick and Nadin in attendance and asked Cr Fitzpatrick to advise if he attended.

Cr Fitzpatrick advised that the article was incorrect and that he and Cr Nadin did not attend a meeting with the JRPP. The Merimbula News Weekly got incorrect information from the NSW Planning website.