Agenda of Council - 24 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

24 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 3 November 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 Clause 4.6 Variations to Development Standards Approved by Council for July to September 2021 Period.............................................................................................................................................. 9

8.2 Request to vary development standard - 53 McDonald Road, Wandella............................ 13

8.3 Use of Land for Dwelling Purposes - request to vary minimum lot size, 26-28 Cobargo Street, Quaama........................................................................................................................................ 66

8.4 Finalisation of planning proposal to introduce the South Imlay Street Heritage Conservation Area..................................................................................................................................................... 122

8.5 Amendment to planning proposal for rural residential land, South Pambula.................. 144

9 Staff Reports – Community, Culture and Leisure

Nil Reports

10 Staff Reports –Economic Development and Business Growth

Nil Reports

11 Staff Reports – Infrastructure Waste and Water

11.1 Colombo Park Bemboka - Concept Design for New Amenities Building and Picnic Area 150

11.2 Disposal of Easement to Essential Energy to support Merimbula Airport works............ 163

11.3 Bega Valley Local Traffic Committee........................................................................................ 168

12 Staff Reports – Governance and Strategy

12.1 End of Term Report..................................................................................................................... 174

12.2 2020-21 Annual Report............................................................................................................... 241

13 Staff Reports – Finance

13.1 Presentation of Financial Statements and Audit Report for the Year Ended 30 June 2021 359

13.2 Quarterly Budget Review Statement (QBRS) September 2021 - Q1.................................. 365

13.3 Certificate of Investment October 2021.................................................................................. 395

14 Councillor Reports

15 Rescission/alteration Motions

16 Notices of Motion

17 Questions with Notice

18 Questions without Notice

19 Confidential Business

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

Adjournment Into Closed Session, exclusion of the media and public........................... 400

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 24 November 2021

Item 8.1

8.1. Clause 4.6 Variations to Development Standards Approved by Council for July to September 2021 Period

Under Clause 4.6 of Bega Valley Local Environment Plan 2013 and Clause 65A of Bega Valley Local Environmental Plan 2002 Council is allowed some flexibility when applying planning controls to certain developments (described as Clause 4.6 Variations). The following information forms part of Council’s quarterly reporting requirements for Clause 4.6 Variations, in addition to quarterly reporting to the Department of Planning, Industry and Environment.

Director Community Environment and Planning

Officer’s Recommendation

That Council note the Clause 4.6 Variations approved by Council (Attachment 1) for the period July 2021 to September 2021.

Executive Summary

The purpose of this report is to list the development applications (DAs) approved with Clause 4.6 Variations that have been reported to the NSW Department of Planning, Industry and Environment (DPIE) for the July-September 2021 quarter, for information only.

One of these DAs was approved under staff delegation (DA 2020.251). All other DAs were reported to Council for determination.

Background

The NSW planning system provides flexibility in planning controls by providing the ability for a Council to vary development standards in certain circumstances.

Development standards are a means to achieving an environmental planning objective and can be numerical or performance based. Some developments may achieve planning objectives despite not meeting the required development standards. The planning system provides flexibility to allow these objectives to be met by varying development standards in exceptional cases.

If an applicant wishes to vary a development standard contained within an environmental planning instrument, such as BVLEP 2002 or BVLEP 2013, their development application is to be supported by a written application that compliance with that development standard is unreasonable or unnecessary in the circumstances of the case. Depending on the extent of the variation sought, and assuming the concurrence of the Director-General of the DPIE, the Council or delegated Council officers may approve the proposed development.

There are a number of procedural and reporting requirements for councils to ensure transparency and integrity in the planning framework. This report details the Clause 4.6 Variations considered by Council and Council officers.

Options

This report is for information only.

Community and Stakeholder Engagement

Community and stakeholder engagement for DAs involves public exhibition and notification to adjoining neighbours of the proposed development.

There are a number of procedural and reporting requirements for councils to ensure transparency and integrity in the planning framework. Reporting of Clause 4.6 Variations to Development Standards to DPIE and Council is required on a quarterly basis.

Proposed variations to development standards cannot be considered without a written application objecting to the development standard and dealing with the matters required to be addressed by the relevant instrument.

A publicly available online register of all variations to development standards approved by the consent authority or its delegates is to be established and maintained. This register, which is available on Council’s website (Clause 4.6 variations – Bega Valley Shire Council (nsw.gov.au)), must include the DA number and description, the property address, the standard to be varied and the extent of the variation.

Engagement undertaken

Engagement for these DAs were undertaken in accordance with Council’s 3.01 Development Administration Policy and Community Engagement Strategy. Additional reporting requirements are undertaken in accordance with DPIE’s Planning Circular PS 20-002 – Variation to Development Standards, which include reporting Clause 4.6 Variations to DPIE quarterly.

Engagement planned

There is no further engagement planned as part of this reporting period. Quarterly reports will be provided to Council for information in future.

Financial and Resource Considerations

Staff and administrative resources to complete required reporting are available within Council’s adopted budget. There are no other costs involved with reporting. The processing of these Clause 4.6 Variations and their public exhibition have been undertaken as part of Council’s regular work program and within the adopted 2021-22 budget.

Legal /Policy

The Environmental Planning and Assessment Act 1979 (EP&A Act) sets out the planning framework in NSW and includes provision for Local Environmental Plans to guide local development.

The Standard Instrument Local Planning Instrument includes a clause (Clause 4.6) which provides the ability to vary development standards contained within an environmental planning instrument. This clause is included in both BVLEP 2002 and BVLEP 2013.

A variation to a development standard approved under Clause 4.6 of BVLEP 2013 or Clause 65A of BVLEP 2002 requires the concurrence with the Director-General. This concurrence may be assumed where the development meets the criteria described in Planning Circular PS 20-002 – Variation to Development Standards. A meeting of the full Council is required to determine Clause 4.6 Variations, where the extent of the variation is greater than 10%. Where the assessing officer is satisfied that the application to vary a development standard is less than 10% variation and concurrence with the Director-General is achieved, the Clause 4.6 Variation may be approved under staff delegation.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This report achieves the reporting requirements described in Planning Circular PS 20-002 – Variation to Development Standards and aligns with Goal 8 of Bega Valley Community Strategic Plan 2040:

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.

Environment and Climate Change

There are no direct environmental or climate change impacts to consider as part of this report. The environmental impacts of the proposed developments were considered as part of the assessment of each development.

Economic

There are no direct economic impacts to consider as part of this report. Development within the shire generates economic activity and the specific economic impacts of that activity are considered as part of the development assessment process.

Risk

There are implications for non-compliance of reporting requirements. DPIE carry out random audits of compliance to the reporting requirements. This report contributes to Council’s reporting requirements.

Social / Cultural

There are no direct social/cultural benefits or impacts to consider as part of this report. The direct impacts of development are considered through the development assessment process.

Attachments

1 ⇩. Clause 4.6 Variations to Development Standards Reported to DPIE for July to September 2021 Quarter

Council 24 November 2021

Item 8.2

8.2. 2021.399 Request to vary development standard - 53 McDonald Road, Wandella

Director Community Environment and Planning

Applicant	M Quant
Owner	M Quant
Site	Lot 540 DP 859896, 53 McDonald Road, Wandella
Zone	RU1 Primary Production
Site area	14.71ha
Proposed development	Dwelling house

Officer’s Recommendation

That Council:

1. Support in principle the erection of a dwelling house on Lot 540 DP 859896, known as 53 McDonald Road, Wandella.

2. Seek the concurrence of the Secretary of the Department of Planning, Infrastructure and Environment pursuant to Clause 4.6 of Bega Valley Local Environmental Plan 2013 for variation to the 120 hectare minimum lot size development standard specified by Clause 4.2A(3)(a) of the Bega Valley Local Environmental Plan 2013 to allow the erection of a dwelling on Lot 540 DP 859896.

3. Should the Secretary of the Department of Planning, Infrastructure and Environment grant concurrence to the proposed variation to the minimum lot size development standard, in the specific exceptional circumstances of this application, that staff be delegated to determine the application subject to standard conditions, generally as outlined in the Draft Conditions of Consent (Attachment 1).

4. Should the Secretary of the Department of Planning, Infrastructure and Environment refuse concurrence, that staff be delegated to refuse the application.

5. Should the Secretary of the Department of Planning, Infrastructure and Environment grant concurrence to the proposed variation, that Council release the current restriction on use of land over Lot 540 DP 859896 at 53 McDonald Road, Wandella to enable to the landowners to erect a dwelling on the land parcel.

6. That all costs associated with release of the restriction on use of land including Council’s legal costs, survey work, plan preparation and registration fees be borne by the Applicant.

7. That the Chief Executive Officer and/or Mayor be authorised to execute the necessary documentation to effect the release of the restriction on use of land.

Executive Summary

Development application (DA) 2021.399 is being reported to Council as it seeks a variation of greater than 10% to a development standard under Clause 4.6 of the Bega Valley Local Environmental Plan 2013 (BVLEP 2013). The concurrence of the Secretary of the Department of Planning, Infrastructure and Environment (DPIE) is sought as the property does not have a current dwelling entitlement. Removal of the Section 88B restriction on title preventing a dwelling is also sought.

Background

Lot 540 DP 859896, known locally as 53 McDonald Road, Wandella (Figure 1), was originally created under Council Clerk’s Certificate No. 17/96, being a subdivision of the land comprised in Certificate of Title Volume 562 Folio 711814. This subdivision created two unsewered lots: Lot 540 and Lot 541 approximately 14.71ha and 17.09ha in size, respectively. Lot 540 was created for agricultural purposes, with Lot 541 being the residue lot containing an existing dwelling.

Figure 1 – Site (outlined in blue)

A restriction as to user was listed on the Section 88B instrument prohibiting a dwelling from being erected on the property. Council has the authority to release this restriction. Should concurrence be granted for the variation, Council would need to approve the release of this restriction prior to issuing the development consent.

A shed was constructed on the property in accordance with building approval BA 156/97, which was approved by Council in April 1997. This shed was utilised as a dwelling by the landowner without development approval, until it was destroyed in the Black Summer bushfires. The landowner is currently residing in temporary accommodation on the property.

With the gazettal of Bega Valley Local Environmental Plan 2013 (BVLEP 2013), the land must meet the requirements for the erection of a dwelling on land zoned RU1 Primary Production. The land does not meet the applicable standards prescribed in Clause 4.2A. The DA seeks variation to the 120ha minimum lot size requirement to permit the erection of a new dwelling on the allotment.

Of the 467 dwellings destroyed during the Black Summer bushfires, those on 24 properties did not have a dwelling entitlement. Council has been in discussions with DPIE regarding options for these properties. For a small number of these properties, where the only material barrier to redevelopment is the requirement to meet the minimum lot size, DPIE has agreed, based on the exceptional circumstances presented by the Black Summer bushfires, to consider a dwelling development application. The advice received stated that each application would be required to demonstrate site-specific merit of suitability and capability for a dwelling, consideration of the environmental and risk constraints, and consistency with Council’s Local Strategic Planning Statement.

Description of the Proposal

The DA seeks consent for the erection of a new 59m² single storey, studio dwelling. The property is zoned RU1 Primary Production. The allotment is 87.7% below the minimum lot size shown on the Lot Size Map and enforced by Clause 4.2A of BVLEP 2013.

The DA includes a detailed geotechnical assessment report for the site including justification for the proposed variation to the minimum lot size requirement. The report details the suitability of the site for a dwelling and the capacity for on-site effluent disposal. A detailed BAL assessment has also been undertaken for the property, demonstrating that BAL 29 can be achieved for the proposed development.

Description of the Site

The site is described as Lot 540 DP DP859896 known as 53 McDonald Road, Wandella, and has a site area of 14.71ha. It is located approximately 900m east of the Wandella State Forest.

The site is largely cleared of native vegetation due to post fire clean-up works. There are neighbouring properties to the north and east that had existing dwellings also destroyed in the fires, and agricultural land to the west.

Planning Assessment

The proposal has been assessed in accordance with the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979. Council officers have highlighted the key issues of the proposal in this report for Council’s consideration.

Zoning

The land is zoned RU1 Primary Production under the BVLEP 2013, with a dwelling permitted with development consent.

The objectives of the zone are:

· To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

· To encourage diversity in primary industry enterprises and systems appropriate for the area.

· To minimise the fragmentation and alienation of resource lands.

· To minimise conflict between land uses within this zone and land uses within adjoining zones.

· To encourage development for tourism-related activities and other development that is compatible with agricultural activities, which will not adversely affect the environmental and cultural amenity of the locality.

· To maintain and protect the scenic value and rural landscape characteristics of land in the zone.

The erection of a dwelling on the allotment is consistent with adjoining primary production land use and is not inconsistent the existing locality character of Wandella. Given the residential use of the land has been long established on the property, the proposed development is not likely to adversely impact on the agricultural activities in the area.

BVLEP 2013 Clause 4.2A ‘Erection of dwelling houses and dual occupancies on land in certain rural, residential and environment protection zones’

(1) The objectives of this clause are as follows—

(a) to minimise unplanned rural residential development,

(b) to enable the replacement of lawfully erected dwelling houses and dual occupancies in rural, residential and environment protection zones.

The proposed dwelling is not consistent with the objectives of this clause. The lot was created for agricultural purposes, and the use of the existing shed for habitable purposes is contradictory to the lawful use of the building, resulting in unplanned rural residential development. Despite this, the property has been utilised for primary production purposes since its creation, with the land operating as a registered woodlot.

(2) This clause applies to land in the following zones—

(a) Zone RU1 Primary Production,

This clause applies to the proposed development.

(3) Development consent must not be granted for the erection of a dwelling house or dual occupancy on land to which this clause applies, and on which no dwelling house or dual occupancy has been erected, unless the land—

(a) is a lot that is at least the minimum lot size shown on the Lot Size Map in relation to that land, or

The minimum lot size applicable to the land is 120ha. The land parcel has an area of 14.71ha.

(b) is a lot created under an environmental planning instrument before this Plan commenced and on which the erection of a dwelling house or dual occupancy was permissible immediately before that commencement, or

The lot was created under the Bega Valley Local Environmental Plan 1987 for agricultural purposes. A dwelling house was not permissible before the commencement of BVLEP 2013.

(c) is a lot resulting from a subdivision for which development consent (or equivalent) was granted before this Plan commenced and on which the erection of a dwelling house or dual occupancy would have been permissible if the plan of subdivision had been registered before that commencement, or

The subdivision was registered in 1996.

(d) is an original holding, or

The land is not identified as an original holding and was not a holding on 7 January 1966.

(e) would have been a lot or a holding referred to in paragraph (a), (b), (c) or (d) had it not been affected by—

(i) a minor realignment of its boundaries that did not create an additional lot, or

(ii) a subdivision creating or widening a public road or public reserve or for another public purpose.

The land is not affected by either of the conditions above.

BVLEP 2013 Clause 4.6 ‘Exemptions to development standards’

Clause 4.6 of BVLEP 2013 provides for relevant development standards, such as the minimum lot size requirements in Clause 4.2A, to be varied. When considering the use of Clause 4.6 to vary a development standard the following applies:

(1) The objectives of this clause are as follows—

(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,

(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2) Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

(3) Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating—

(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b) that there are sufficient environmental planning grounds to justify contravening the development standard.

(4) Development consent must not be granted for development that contravenes a development standard unless—

(a) the consent authority is satisfied that—

(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

(b) the concurrence of the Planning Secretary has been obtained.

As the variation sought is greater than 10%, Council officers do not have delegation to determine the application under delegated authority and the matter must therefore be reported to Council for determination. In accordance with Planning Circular PS 20-002, given the significant departure of 87.7% from the development standard, Council cannot assume the concurrence of the Secretary of the Department of Planning, Infrastructure and Environment.

A written request to vary the development standard (Attachment 2) was submitted by the applicant citing the following supporting information:

· The land is considered to be suitable for the proposed development

· The long-standing use of the land for residential purposes demonstrates that there has not and will not be adverse impacts on resource lands

· The circumstances of this particular case are so unique that it would not be possible for the written objectives of the standard to contemplate such a situation

· The zoning of the land as RU1 Primary Production is inappropriate given the particular constraints and conditions of the Site, and for this reason the associated minimum lot size development standard is also unreasonable and unnecessary.

Staff response

After reviewing the request for variation, it is considered in this instance given the exceptional circumstances associated with the Black Summer bushfires, compliance with the minimum lot size development standard of BVLEP 2013 would be unreasonable.

The applicant has adequately addressed the matters of Clause 4.6(3) and has demonstrated the proposal to be in the public interest for the following reasons:

· The proposal is consistent with the objectives of the RU1 Primary Production zone

· The size of the land does not support the purpose for which the allotment was originally created for, and

· The proposal is in keeping with the existing character of the Wandella locality.

Further, the technical reports submitted as part of the development application including the Geotechnical report for the proposed on-site sewage management system, a report detailing that the Planning for Bushfire Protection 2019 requirements to achieve BAL 29 can be achieved on the land, the Aboriginal Cultural Heritage report and Biodiversity Assessment demonstrate the suitability and capability of the land to accommodate a dwelling.

Community and Stakeholder Engagement

The subject DA did not trigger notification under Council’s adopted Community Engagement Strategy therefore the proposal has not been publicly notified.

Financial and Resource Considerations

Assessing proposals for development is part of the regular business of Council and resourcing to undertake that function is included in Council’s adopted 2021-22 Budget.

Legal /Policy

The variation to the minimum lot size is considered reasonable and justified on planning merit grounds in these exceptional circumstances. The reporting of this DA for determination by Council is consistent with the requirements Planning Circular PS 20-002 in requesting the concurrence of the Secretary of the Department of Planning, Industry and Environment.

Section 3AA of the Conveyancing Act 1919 provides for the creation and release of Section 88B easements, profits à prendre and restrictions on use of land by plans.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposed plans are consistent with the goals outlined in the Bega Valley Community Strategic Plan 2040, in particular Goals 7 and 8:

· 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 met local needs.

Direction 24 of the South East and Tablelands Regional Plan 2036:

· Direction 24: Deliver greater housing supply and choice.

The proposed development is not inconsistent with Council’s adopted Residential Land Strategy and Local Strategic Planning Statement.

Environment and Climate Change

The proposed development does not present material environment or climate change impacts. The applicant has demonstrated BAL 29 dwelling construction is achievable for the site subject. On-site disposal of effluent is able to be managed and the site has low habitat value.

Economic

The proposed development will have a marginal positive benefit to the local economy. The proposal facilitates an appropriate land use for the locality of Wandella and should provide short term employment opportunities for the construction industry.

Risk

The assessment of development is a core function of Council. There is no material impacts on Council’s operations or assets associated with the proposed residential development. Measures to address development risks are included as conditions of consent.

Approval of a dwelling on land that does not meet the minimum lot size for a dwelling presents a risk to Council that other landowners in these circumstances may see this as a precedent. As part of work to identify redevelopment pathways for landowners affected by the Black Summer bushfires, Council has worked closely with DPIE to identify whether risks associated with redevelopment of a limited number of properties without a dwelling entitlement can be met. Given the exceptional circumstances of the fires, and the minimum lot size being the only material constraint to development, Council and DPIE have agreed that a development application can be considered for this small number of properties in these very limited circumstances. This agreement expressly excludes a development pathway for landowners of other properties, whether they be bushfire-affected or not, that do not meet the minimum lot size for a dwelling. The ability to lodge a development application under this agreement also only applies to the landowners at the time of the bushfire and not any subsequent landowner.

Social / Cultural

The proposed residential development directly supports bushfire recovery for the landowner and contributes to the rebuilding of the Wandella community.

Attachments

1 ⇩. Draft Development Consent

2 ⇩. Clause 4.6 Variation Application

3 ⇩. Section 4.15 Assessment Report

Council 24 November 2021

Item 8.3

8.3. 2021.407 Use of Land for Dwelling Purposes - request to vary minimum lot size, 26-28 Cobargo Street, Quaama

Director Community Environment and Planning

Applicant	K Platts
Owner	R E & D J Platts
Site	Lot 3 Sec 4 DP 758860 - 26-28 Cobargo Street QUAAMA
Zone	RU5 Village
Site area	1785.37m2
Proposed development	Use of land for dwelling purposes

Officer’s Recommendation

That Council:

1. Assume the concurrence of the Secretary of the Department of Planning, Industry and Environment in accordance with Circular PS 20-002 and pursuant to Clause 4.6 of Bega Valley Local Environmental Plan 2013.

2. Approve a variation to Clause 4.1A to allow the land use for a dwelling on Lot 3 Section 4 DP 758860 known as 26-28 Cobargo Street, Quaama.

3. Approve development application 2021.407 for use of the land for a dwelling, subject to the conditions of consent provided in Attachment 1.

Executive Summary

Development application (DA) 2021.407 is being reported to Council as it seeks a variation to a development standard under Clause 4.6 of Bega Valley Local Environmental Plan 2013 (BVLEP 2013).

The variation requested is a reduction to the 2,000m² minimum lot size required for the erection of a dwelling in an unsewered residential area.

It is recommended Council support the variation to the development standard and approve the DA.

Background

Lot 3 Sec 4 DP 758860, known locally as 26-28 Cobargo Street, Quaama (Figure 1), forms part of the original Parish Plan and is an unsewered lot. The site was previously associated with the adjacent heritage listed (item no. 1708) weatherboard cottage, being the former Quaama post office erected around 1900. An outbuilding on Lot 3 was destroyed in the Black Summer bushfires. Given the application is for land use for a dwelling, the proposal is not considered a bushfire rebuild (ie like for like replacement). No other development is known to have occurred on the site.

Figure 1 – Site (outlined in blue)

Under the provisions of BVLEP 2013, the requirements for the erection of a dwelling on unsewered residential allotments require a minimum site area equal to or greater than 2,000m².

The application seeks variation to the 2,000m² minimum lot size requirement in order to permit the use of land for a dwelling.

Description of the Proposal

The DA seeks approval for the use of the land for dwelling purposes; essentially to confirm a dwelling entitlement for the land. If approved, a separate DA would come forward at a future date for the construction of the dwelling house.

As part of the DA currently before Council, the applicant has requested a variation to the development standard specified by Clause 4.1A of BVLEP 2013, which requires a minimum lot size of 2,000m²for the erection of a dwelling on a unsewered allotment in a RU5 Village zone. The subject allotment is 1,785.37m² in area and is approximately 11% below the minimum lot size specified in the clause.

The DA includes justification for the variation to the development standard including the suitability of the site for a dwelling and capability for effective on-site effluent disposal.

The effluent disposal report and bushfire report are provided as Attachment 4 and Attachment 5, respectively.

Description of the Site

The site is located adjacent the heritage-listed weatherboard cottage and 153m east of the heritage-listed Quaama Primary School.

The site is irregularly shaped with a south-west facing slope and is predominantly grassed with three maintained landscape trees along the southern site boundary. The site has a neighbouring dwelling to the north and an unformed road to the west.

Planning Assessment

A copy of the Section 4.15 Assessment Report is provided as Attachment 2.

Bega Valley Local Environmental Plan 2013

The land is zoned RU5 Village under the BVLEP 2013, with a dwelling permitted with development consent.

The objectives of the zone are:

• To provide for a range of land uses, services and facilities that are associated with a rural village.

• To ensure that development maintains and protects the village character.

The use of the land for a dwelling purpose is consistent with adjoining residential land uses and would complement the existing village character of Quaama.

BVLEP 2013 Clause 4.1A ‘Minimum site areas for dwelling houses, dual occupancies, multi-dwelling houses and residential flat buildings in certain zones’

Clause 4.1A of BVLEP 2013 applies to the RU5 Village zone and requires a minimum lot size of 2,000m² for the erection of a dwelling on unsewered land.

Lot 3 is zoned RU5 Village and Clause 4.1A applies.

BVLEP 2013 Clause 4.6 ‘Exemptions to development standards’

Clause 4.6 of BVLEP 2013 provides for relevant development standards, such as the minimum lot size requirements in Clause 4.1A, to be varied. When considering the use of Clause 4.6 to vary a development standard the following applies:

(1) The objectives of this clause are as follows—

(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,

(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b) that there are sufficient environmental planning grounds to justify contravening the development standard.

(4) Development consent must not be granted for development that contravenes a development standard unless—

(a) the consent authority is satisfied that—

(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

(b) the concurrence of the Planning Secretary has been obtained.

In accordance with Planning Circular PS 20-002, Council may assume the concurrence of the Secretary and determine the proposed variation to the minimum lot size requirement. As the variation sought is greater than 10%, Council officers do not have delegation to determine the application under delegated authority and the matter must therefore be reported to Council for determination.

A written request (Attachment 3) seeking to vary the development standard was submitted with the DA and in support of the variation the following was provided:

· The land is located in the village of Quaama

· Reticulated water and electricity connections are readily available to the site

· BAL 12.5 construction for a dwelling is achievable for the site

· An effluent disposal report has been submitted that demonstrates the site can accommodate a 4-bedroom dwelling house with a total waste output of 1000L/day. This is via a secondary treatment system and absorption methods in accordance with current Australian and environmental standards

· The reduction in minimum lot size is minor (approx. 11%).

BVLEP 2013 Clause 4.6 variation

Council, as the consent authority, may consider variations to development standards (with the use of Clause 4.6 of BVLEP 2013) provided the proposal:

· meets the objectives of the zone, and

· meets the objectives of the development standard, and

· demonstrates that compliance with the standard is unreasonable or unnecessary in the circumstances of the case, and

· demonstrates there are sufficient environmental planning grounds to justify contravening the development standard.

Objectives of the zone

The use of the land for a dwelling purpose is consistent with adjoining residential land uses and would complement the existing village character of Quaama.

Objectives of the Development Standard

The following objectives apply to Clauses 4.1A:

Clause 4.1A - Minimum site areas for dwelling houses, dual occupancies, multi dwelling housing and residential flat buildings in certain zones

(1) The objective of this clause is to achieve planned residential density in certain zones.

The site is located within the village of Quaama and would provide for the consolidation of available land within the existing village footprint, which is consistent with Council’s strategic direction for retaining village character, ensuring liveable spaces and realising planned growth within our towns and villages.

Whether compliance with the standard is unreasonable or unnecessary

After reviewing the request for variation, it is considered there is sufficient information to demonstrate that in this instance compliance with the development standard would be unreasonable and unnecessary.

The proposal is consistent with the objective of Clause 4.1A, which is to achieve planned residential density within the RU5 Village zone.

The applicant has adequately addressed the matters of Clause 4.6(3) and has demonstrated the proposal to be in the public interest, as it is consistent with:

· The objectives of the RU5 Village zone

· Is capable of supporting a four bedroom dwelling with a waste output of 1000L/day in accordance with all current environmental standards

· Is in keeping with the existing character and streetscape of Quaama to provide land use for a future low density residential dwelling.

Whether there are sufficient environmental planning grounds

The effluent disposal report submitted with the application has been reviewed by Council officers and it is considered that the land is capable of accommodating effluent generated by the proposed development. Therefore the proposed development is considered to have a low environmental risk.

The variation to the development standard (11%) is considered to be minor and of no consequence to the character of the village of Quaama nor the objectives of the RU5 Village zone.

Community and Stakeholder Engagement

This DA was not publicly notified, being of a minor nature for use of land for dwelling purposes under Council’s adopted Community Engagement Strategy.

Financial and Resource Considerations

Assessing proposals for development is part of the regular business of Council and resourcing to undertake that function is included in Council’s adopted 2021-22 budget.

There are no material public infrastructure implications of the proposal.

Legal /Policy

The reporting of this DA for determination by Council is consistent with the requirements of Circular PS 20-002 in assuming the concurrence of the Secretary for Planning, Industry and Environment.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The use of land for a dwelling purpose aligns with the intent of the Bega Valley Community Strategic Plan 2040, Liveable Places, Goal 8 particularly to retain village character and to support suitably scaled development for the Shire.

Environment and Climate Change

The land is noted as bushfire prone land. The applicant has demonstrated BAL 12.5 dwelling construction is achievable for the site subject to detailed assessment and suitable conditions of consent for a future DA for the dwelling.

Economic

The proposal facilitates suitably scaled infill development of Quaama village and will provide short-term employment opportunities for the construction industry.

Risk

There are no material risks to Council for the current application. The application, if approved, is unlikely to create additional risk to people or the environment.

Social / Cultural

The proposed use of land for dwelling purposes is consistent with the village character and density of Quaama village. The proposal facilitates much needed housing supply in the Shire.

Attachments

1 ⇩. Proposed Conditions of Consent

2 ⇩. Section 4.15 Assessment Report

3 ⇩. Applicant's Clause 4.6 Variation Request

4 ⇩. Effluent Disposal Report

5 ⇩. Bushfire Report

Council 24 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 (HCA) 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.

A report to advise Council of the feedback received during exhibition of the planning proposal was presented at the meeting of 3 November 2021. The purpose of this report is to advise Council of the additional consultation that was conducted with three landowners as directed by Council and seek a resolution to finalise the matter.

Background

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 of a heritage item. The southern end of Imlay Street contains eight heritage listed items, and to assist with this process, a HCA containing 27 properties surrounding the heritage listed items is proposed.

The purpose of the HCA and accompanying development controls is to provide design guidance to building designers and owners of property who wish to develop land in the area that will assist compliance with Clause 5.10 of BVLEP 2013 and ensure that future development is sympathetic to the precinct and the existing character of the area is retained.

It is noted that no additional properties are being heritage listed through this process, that the proposal gives certainty to residents and developers about the style of future development, that the proposal does not affect the current permitted uses in the R3 Medium Density Residential zone and that protecting character and heritage are both generally desired by residents of the area and supported by the Bega Valley Shire Commercial Land Strategy.

Following the Council meeting of 3 November 2021, Council officers met with the owners of 188, 190 and 194 Imlay Street, Eden. The purpose of this report is to advise of the outcome of that meeting..

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 2013 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.

The amendment to Bega Valley Development Control Plan 2013 (BVDCP 2013) that included the development controls and the amendment to BVLEP 2013 to introduce the HCA were exhibited and reported to Council separately. Thirty public submissions were received to the exhibition of the draft BVDCP2013 amendment and 11 public and one agency submission were received to the planning proposal.

All affected owners were notified directly by mail of both exhibitions. The letter to the exhibition for the draft BVDCP 2013 amendment included a map of the proposed HCA, draft design controls for inclusion in BVDCP 2013 as well as details on how to make a submission and the name and contact number of a staff member for questions.

Owners of 188 and 194 Imlay Street

The owners of 188 and 194 Imlay Street did not respond to either exhibition; however, at the meeting with Council officers they both expressed support for the proposal.

Owner 190 Imlay Street

The owner of 190 Imlay Street made written submissions to both the exhibition of the draft DCP amendment and planning proposal. She also discussed the matter with a Council officer at Council’s Bega office when making the submission to the DCP. The issues raised in her submission to both the draft DCP and planning proposal were included in the summary of submissions attached to the relevant Council reports. The submission to the planning proposal is summarised and responded to as number 11 in Attachment 2 to this report. The Council report on this matter of 3 November 2021 included an outline of the key issues raised in the submissions along with discussion from Council staff.

Following the meeting with owners, no further changes to the planning proposal are recommended.

Summary of submissions

Of the 28 properties within the proposed HCA: nine owners have indicated support for the HCA, two partially support or have questions and three are opposed. Sixteen property owners did not respond to either exhibition (although two of these indicated support at the meeting with Council officers). Twenty submissions supporting the proposal were received from people who do not live within the proposed HCA.

Engagement planned

After reviewing the submissions to the planning proposal one minor change to the exhibited planning proposal is recommended, being the removal of one property in Victoria Terrace from the proposed HCA. This amendment is supported by staff as the lot is the only parcel on Victoria Terrace and although vacant, it is unlikely that future development of the lot would have a detrimental impact on the existing development in Imlay Street.

No further engagement regarding this matter is planned, other than to advise submitters of Council’s decision on 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 2020-2021 and 2021-22 budgets.

Funding source		Amount
General Fund	$	700.00

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 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 24 November 2021

Item 8.5

8.5. Amendment to planning proposal for rural residential land, South Pambula

This report seeks Council’s resolution to amend a planning proposal for two deferred matters at South Pambula and submit a new planning proposal for one property to the Department of Planning, Industry and Environment for Gateway Determination, based on the zoning and lot sizes detailed in this report.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council staff prepare a planning proposal for Site 1, as detailed in this report, and submit it to the Department of Planning, Industry and Environment for Gateway Determination

2. That following Gateway Determination, the planning proposal be placed on public exhibition.

3. That at the conclusion of the exhibition period, Council officers prepare a further report to Council if material amendments to the planning proposal are required to address submissions received during the exhibition period.

4. That should no material changes to the planning proposal for Site 1 be required in response to submissions received during the exhibition period, Council officers progress the planning proposal to finalisation and gazettal without a further report to Council.

5. That Council request an amendment to the Gateway Determination for the South Pambula Rural Residential Planning Proposal to remove all references to Site 1, give delegation for Council to be the local plan-making authority, and extend the timeframe for completion of the amendment by six months.

Executive Summary

The purpose of this report is to seek Council’s approval to withdraw one site from a planning proposal for two deferred sites at South Pambula that are the subject of a current Gateway Determination, and for staff to prepare and submit a revised planning proposal for that site.

Background

At its meeting of 18 March 2020 Council considered a report on two deferred sites in South Pambula and resolved:

1. That Council submit the Rural Residential Land South Pambula Planning Proposal (Attachment 1) to the Department of Planning, Industry and Environment for Gateway Determination.

2. That following Gateway Determination, the planning proposal be placed on public exhibition.

4. That should no material changes to the planning proposal be required in response to submissions received during the exhibition period, Council officers progress the planning proposal to finalisation and gazettal without a further report to Council.

The two sites that were the subject of the planning proposal were: (Figure 1)

· Site 1: Lots 451-452 DP 747031, Part Lot 1 DP 1088971 and Part Lot 453 DP 747031 Part Lot 453 DP 747031 - Lloyd Street/Princes Highway, South Pambula

· Site 2: Lot 711 DP 1128593 - Princes Highway, South Pambula

Figure 1 – South Pambula rural residential planning proposal Site 1 and 2

The Gateway Determination for the planning proposal was issued on 29 May 2020, which required significant additional studies, agency and public consultation and amendments to the planning proposal regarding access, biodiversity, site contamination and bushfire protection. The owner of Site 2 has commenced preparation of the required studies and consultation with NSW Government agencies. However, ownership of Site 1 has changed, and the current owners are unable to continue with the planning proposal.

To enable the planning proposal for Site 2 to continue, it is recommended that Council request an amendment to the Gateway Determination to remove Site 1 from the current planning proposal.

In discussions with Council staff, the current owners of Site 1 have expressed a preference for the land to be zoned in accordance with the zoning included in the draft 2010 Local Environmental Plan, which was RU2 Rural Landscape with a 120ha minimum lot size.

As Site 1 is deferred from Bega Valley Local Environmental Plan (BVLEP) 2013, it is recommended that Council staff prepare a planning proposal to apply the zone and minimum lot size as exhibited in 2010 and submit the planning proposal for Gateway Determination.

The Gateway Determination for the current planning proposal will expire on 29 November 2021. A consultant acting on behalf of the owner of Site 2 has requested that Council apply for an extension to the planning proposal timeframe of six months. As the owner of Site 2 has made significant progress toward meeting the conditions of the Gateway Determination, it is recommended that Council support the request for an extension to enable completion of the planning proposal.

Council’s request to be the local plan-making authority for the planning proposal was refused by the Department of Planning, Industry and Environment (DPIE). It is recommended that Council request a further amendment to the Gateway Determination to enable Council to be the plan-making authority for the planning proposal because there is significantly less land affected and the matter is of local planning significance. This will assist with the expedition of the planning proposal.

Options

Options available to Council are to:

1. Resolve to support the proposed planning proposal for Site 1, as exhibited in 2010, and forward it through to DPIE for Gateway Determination, and to request an amendment to the Gateway Determination for Site 2 to enable completion of the planning proposal for the site. This is the recommended option.

2. Alternatively, Council could resolve not support the recommended changes, which would require the preparation of new planning proposal for both sites based on the previously resolved zoning and lot sizes.

Community and Stakeholder Engagement

Engagement undertaken

Consultation for Site 2 has been undertaken with agencies including NSW DPIE’s Planning Division, Transport for NSW and the NSW Biodiversity Conservation Division of DPIE.

Engagement planned

Should Council choose to support the recommendation that a new planning proposal be prepared for Site 1, 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 (DPIE 2018).

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 writing to adjacent owners.

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 Bega Valley Local Environmental Plan 2013 (BVLEP 2013).

If no objections to the planning proposal are received 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

Preparation of the proposed new planning proposal for Site 1 and finalisation of the amended planning proposal for Site 2 will be prepared within Council’s adopted 2021-2022 budget.

Legal /Policy

If supported, the Planning Proposal will be prepared in accordance with Section 3.33 of the Environmental Planning and Assessment Act 1979 and the DPIE’s A Guide to Preparing Planning Proposals (2018).

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposed planning proposals are consistent with the adopted direction of Council to resolve all outstanding deferred matters from BVLEP 2013.

Environment and Climate Change

The proposed planning proposal for Site 1 applies a zone and minimum lot size having regard to environmental considerations and sustainability principles

Economic

The proposed planning proposal for Site 1 retains the pre-BVLEP 2013 zoning and development standards that apply to the land and as such, will not have any material adverse economic impact

Risk

The proposed planning proposal for Site 1 retains the pre-BVLEP 2013 zoning and development standards that apply to the land and as such, will not introduce any new risks to Council.

Social / Cultural

The proposed planning proposal retains the existing zoning and development standards that apply to the land and as such, will not have any adverse social or cultural impacts.

Attachments

Nil

Council 24 November 2021

Item 11.1

11.1. Colombo Park Bemboka - Concept Design for New Amenities Building and Picnic Area

This report provides an update on the concept design for the Colombo Park amenities and picnic area and seeks endorsement of the concept design from Council.

Director Assets and Operations

Officer’s Recommendation

1. That Council receives and notes the information in the report.

2. That Council endorses the concept design for the Colombo Park amenities building and picnic area including the recommended amendments noted in the Community and Stakeholder Engagement section of this report.

Executive Summary

The public amenities building and picnic area at Bemboka’s Colombo Park are the focus of an upgrade project funded by the Department of Infrastructure, Transport, Regional Development and Communications via Phase 2 of the Local Roads and Community Infrastructure (LRCI Program).

This report presents background on community consultation with the Project Advisory Group (PAG) and the final draft concept design for endorsement by Council.

Background

At its meeting 27 January 2021 Council considered item 11.5 Local Roads and Community Infrastructure Program and Building Better Regions Funding and resolved to Accept grant funding and allocate a portion to Colombo Park Bemboka inclusive parkland and accessibility improvements.

The approved scope of work included in the deed for this project is “renewal of ageing public amenities to include accessible compliant facilities and renewal of parkland shelters and picnic area”.

Following the above resolution and deed execution, key stakeholder engagement was initiated, together with primary design consultant appointment. This report seeks Council endorsement of the architectural drafting consultant’s final concept design developed considering input and feedback from the PAG.

Options

1. Council endorses the attached concept design, enabling tender documentation to be produced, specific supply items to be sourced and the contractor procurement phase to commence.

2. Council does not endorse the attached concept design; noting that this will impact on the project program and project delivery.

Community and Stakeholder Engagement

Engagement undertaken

Key stakeholder engagement for the project commenced with a face-to-face meeting held on site at Colombo Park 23 July 2021. Invitation was extended to the following site users:

· Bemboka Lions Club

· Bemboka Social Club

· Candelo-Bemboka Rugby League Club

· Bemboka Braves Soccer Club

· Bega Valley Archers

Representatives from each of the above user groups attended the initial meeting, except for Bemboka Braves Soccer Club. Overarching project scope and priority inclusions were discussed and agreed upon; from there concept design development progressed.

The BVSC Access and Inclusion Advisory Committee were advised of the project and offered a position on the Project Advisory Group. However, noting the design will be based on DDA compliance guidelines and difficulties in attending site meetings, the committee declined to nominate a representative for this project, opting instead for updates at the AIAC meetings.

The attached concept design was distributed to stakeholders 19 October 2021, with a follow-up meeting held on site 25 October 2021. A positive and constructive discussion ensued, from which minor amendments and scope requests arose. These are summarised below with a recommendation for each:

· Extend high-level screening around northern and southern elevations, matching screening above doors. This is a straightforward design adjustment which will increase natural light and aid ventilation within the new amenities building; it is recommended for inclusion in the next design iteration.

· Incorporate low maintenance planting between new shelters in lieu of grass. Again, a straightforward (and low cost) addition which will eliminate the need to manoeuvre mowing equipment in this area; it is recommended to note this for inclusion in the next design iteration.

· Provide protection to new shelters to mitigate vehicular damage and exclude vehicles from the small, grassed area behind the shelters (which is used for tent sites by campers). This could be achieved with placement of boulders that would tie into those at the park entry sign and surrounding river area; it is recommended to note this for inclusion in the next design iteration.

· Provide additional barbeque in the picnic area. Existing incoming power could be utilised for an additional barbeque, although the supply and installation cost has not been allowed for in the forecast project cost. It is recommended that provision of an additional barbeque is only considered if remaining budget after delivering the priority project elements outlined in this report, allows. This was discussed and agreed with the project stakeholder group on site 25 October 2021.

With respect to broader communication, project signage has been established on site and the project details added to the Bega Valley Shire Council (BVSC) public website to inform the broader community of the project / scope of work.

Engagement planned

Further engagement and consultation will occur with key stakeholders as required during remaining design phases and the procurement process. The Access and Inclusion Advisory Committee (AIAC) will also be kept informed of project progress through the AIAC meetings.

Financial and Resource Considerations

The table below outlines anticipated expenditure against grant income. Note this project is entirely grant funded through the LRCI program with no additional funding required from BVSC based on current estimates. Also, as the project replaces existing infrastructure like for like with new infrastructure, minimal impact is envisaged on current operational cleaning and maintenance allocations.

Expenditure Detail	$ Excl GST
Consultancy Costs – Survey, Geotechnical, Environmental (REF), Architectural, Structural	$22,500
Demolition – existing amenities building and shelters	$15,000
Construction – new amenities building	$155,000
Construction – new accessible pathways and picnic area slabs	$24,000
Construction – allowance for some carpark works adjacent new amenities	$15,000
Supply – shelters and park furniture	$35,000
Landscaping	$7,500
Construction Contingency	$5,920
Total Expected Expenditure	$279,920

Source of Funds
Grant – Local Roads and Community Infrastructure Phase 2	$279,920
Total Income Available	$279,920

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Capital Investment (Renewal)	$279,920
Annual maintenance and operational costs	$8000
Depreciation costs	$5600
User charges (annual income)	$500

Legal /Policy

Planning approvals regarding development of recreation facilities are often addressed under Division 12, Parks and other Public Reserve of the State Environmental Planning Policy (Infrastructure) (ISEPP 2007). The Colombo Park scope of work falls under Section 65 of ISEPP 2007 being Development Permitted without Consent, the Development Application process does not apply in this case. A Review of Environmental Factors (REF) will be prepared for the project and assessed as the formal approval mechanism for the project to proceed.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

2021/22 Operational Plan:

OUTCOME 1: Active and Health Communities

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

Delivery Program 1.2.4: Construct recreation facilities, boating infrastructure, public toilets and sporting grounds and facilities.

Environment and Climate Change

No notable environmental / climate change impacts are anticipated through delivery of the project but sustainable materials and practices will be incorporated where feasible in the final design.

Economic

The renewal of the Colombo Park amenities building, and picnic area will benefit the town through provision of quality recreational infrastructure; it will also benefit welfare of the local community.

The project also links directly to the ‘accessible and inclusive facilities’ and will be a welcome replacement of the sites ageing assets.

Risk

Apart from standard work health and safety risks, quality risks and environmental risks (which will all be addressed within the appropriate project management plans), budget management is the only notable project risk. The estimated cost of each project element in the financial table above is based upon previous expenditure on BVSC projects similar in nature and includes contingencies; it is therefore anticipated that the elements listed will be able to be delivered within the overall budget.

Social / Cultural

The renewal of recreation facilities at Colombo Park will benefit both the local community and visitors alike.

Attachments

1 ⇩. Colombo Park Concept Drawings part 1

2 ⇩. Colombo Park Concept Drawings part 2

3 ⇩. Colombo Park Concept Drawings part 3 (finishes)

Council 24 November 2021

Item 11.2

11.2. Disposal of Easement to Essential Energy to support Merimbula Airport works

Council officers have identified a need to grant a formal easement for an overhead electrical service to Essential Energy over Council owned operational land at Lot 2 DP 549112, Arthur Kaine Drive, Merimbula.

Director Assets and Operations

Officer’s Recommendation

1. That Council grant a formal easement for an overhead electrical service over Council owned operational land being Lot 2 DP 549112, Arthur Kaine Drive, Merimbula to the benefit of Essential Energy.

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

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

4. That the Chief Executive Officer and/or Mayor be authorised to execute the necessary documentation to effect creation of the easement.

Executive Summary

Council officers have determined that a new overhead powerline is required at Lot 2 DP 549112, Arthur Kaine Drive, Merimbula. The proposal is for the electrical service to be overhead from the new point of connection to the existing electrical network on Lot 2 DP 549112 to the new electrical point of entry to the General Aviation precinct at Merimbula Airport. This has triggered the need for Council owned land, Lot 2 DP 549112, Arthur Kaine Drive, Merimbula, to be burdened by an easement for an overhead electrical service and associated access track in favour of Essential Energy.

Background

Council resolved, at its Ordinary Meeting of 4 August 2021, when considering the outcome of the evaluation of Tender RFT 2021-95 Merimbula Airport Runway Early Earthworks and RFT 2021-106 Merimbula Airport Expansion Runway & Precinct Works as follows:

1. That Council accept the recommendations outlined in the confidential attachment relating to RFT 2021-95 Merimbula Airport Runway Early Earthworks.

2. That Council accept the tender from Symal Infrastructure Pty Ltd in relation to contract for the works described in tender RFT 2021-95 Merimbula Airport Runway Early Earthworks, in the amount of $2,657,627.50 (including GST), subject to variations, provisional sums and prime cost items.

3. That Council decline to accept the submitted tenders for RFT 2021-106 Merimbula Airport Expansion Runway & Precinct Works under Clause 178 of the Local Government (General) Regulation 2005 and enter into negotiations with the lowest conforming Tender with a view to entering into a Contract with Symal Infrastructure Pty Ltd for the works to the limit of available funding.

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

5. That authority be delegated to the Chief Executive Officer to execute all necessary documentation in relation to the request for tender RFT 2021-95 Merimbula Airport Runway Early Earthworks & RFT 2021-106 Merimbula Airport Expansion Runway & Precinct Works.

6. Council note that further funding for the Airport through the Federal Government Regional Airport Program Round 2 has been announced since preparation of this report to the value of $2,175,000.

7. Council note that further funding for the Airport through the NSW Government Snowy Hydro Legacy Fund has been applied for and a decision is still awaiting on the outcome.

8. Council endorse a further loan of up to $2.0 million to be funded by the future income generated by the lease of General Aviation Precinct land to assist in funding any funding gaps.

9. That Council note the planned runway closure of 6 weeks and the two options for this closure from late November to late December 2021 or February to till early March 2022.

10. That Council note the options available for the Biodiversity Credit offsets requirements for the Runway Extension and endorse payout of the credits based upon the Bio Diversity Offset Credit Calculations - July 2021 of $579k (excluding GST) and progress the creation of the Stewardship Site at the Airport.

The design of the new General Aviation (GA) precinct requires a second point of entry for electrical services at Merimbula Airport. The elongated shape of the site rendered provision from the existing airport low voltage system unfeasible. Instead, a new connection to the high voltage network and an associated transformer at the new point of entry to the site is required. All electrical design work has been completed. All environmental investigations and Aboriginal heritage requirements have been met. Consultation with Essential Energy has occurred as the design have been developed. Due to the Aboriginal heritage considerations Essential Energy have agreed that the maintenance access to the new power line that will be included in the works and the easement, will be via a separate four (4) meter access track which had been included within the boundary of the proposed easement. (Figure 1).

Figure 1: Easement plan

In accordance with section 377 of the Local Government Act 1993 (NSW) (LG Act) the burdening of Council land is a non-delegable function and must be reported to Council. In addition, Essential Energy requires registered easements so they can more easily maintain and safely operate their infrastructure.

Options

The options available to Council are:

1. Grant a formal easement for an overhead electricity service to Essential Energy over Lot 2 DP 549112, Arthur Kaine Drive, Merimbula, to improve the efficiency and safety of the site; OR

2. Advise Essential Energy that Council does not agree to grant an easement for an overhead electricity service over Lot 2 DP 549112, Arthur Kaine Drive, Merimbula and maintain the status quo. Noting this will cause a significant redesign and delay to the project and is highly likely to compromise the activity possible within the new GA precinct. (The new supply permits three phase supply to the larger hangar areas within the precinct. Without a new connection to the high voltage network, a three-phase supply is unlikely).

Community and Stakeholder Engagement

Engagement undertaken

Council officers have been consulting with the Essential Energy Conveyancing Team in relation to the proposed easement for an underground electrical service.

Engagement planned

The outage required for the construction of the connection to the network will be the subject of public notification. Council will be required to engage the services of a surveyor to prepare a plan of proposed easement for electricity and legal representative to finalise the relevant documentation for registration at Land Registry Services.

Financial and Resource Considerations

All costs associated with creation of the easement will be funded from the project funding for RFT 2021 106. A provisional sum for the construction of the new supply from the point of connection to the existing high voltage network to the new low voltage distribution on the airport site was included in RFT 2021 106 which was addressed by Council at its Ordinary Meeting of 4 August 2021. Council officers will be involved in finalising the relevant easement documentation as will external legal providers and there will be legal fees payable by Council to arrange registration of plan and transfer granting easement documents at Land Registry Services.

Legal /Policy

Council’s Lot 2 DP 549112, Arthur Kaine Drive, Merimbula is classified as ‘operational’ land under section 31 of the LG Act, therefore the registration of an easement is permissible. Essential Energy has advised easements are required over land owned by any Local Council which is classified as operational land.

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Airport is a critical element of Council’s transport strategic direction and 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.

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

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

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

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

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

5.9.3 – Deliver capital works programs for Merimbula Airport

5.10.1 – Manage, construct and maintain Merimbula Airport

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

Environment and Climate Change

Environment and Climate Change considerations are not applicable to the creation of the easement.

Economic

There are no major economic benefits/impacts associated with the creation of the easement.

Risk

The overhead powerline will ensure provision of power to the new GA precinct, without which the precinct will not be able to operate.

The construction of the powerline is integrated into the construction program. A delay in finalising the required Essential Energy documentation may cause this activity to be delayed, causing a delay in meeting the requirements of the two funding deeds that apply to the GA precinct.

The easement and construction works are included in the Review of Environmental Factors (REF) for the GA precinct. The REF identified that Aboriginal heritage risk has been addressed through an Aboriginal Cultural Heritage Assessment (ACHA) that identifies the new power connection and the associated easement (including the maintenance access). The ACHA resulted in an Aboriginal Heritage Impact Permit (AHIP). The AHIP requires Aboriginal representatives be present when the new power pole within the easement is installed, the location of which was the subject of a test pit investigation during the ACHA investigations.

Social / Cultural

There are no relevant social / cultural impacts associated with the creation of the easement.

Attachments

Nil

Council 24 November 2021

Item 11.3

11.3. Bega Valley Local Traffic Committee

This report recommends 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 minutes dated 16 November 2021 to be tabled at the 24 November 2021 Council meeting.

Far South Coast National Show (Bega) February 2022

An application has been received from the Bega AP&H Society Inc. for the annual Far South Coast (Bega) Show on 18, 19, and 20 February 2022.

The Bega AP & H Society Inc request the following:

Use of Bega Park as a car parking area for the duration of the Show

Use of the East Street land for camping, parking of caravans and horse floats etc

General clean-up of the area adjacent to the Showground prior to the show.

Recommendation:

That, subject to conditions, the section of roadway adjoining the Bega Showground between East Street and Tathra Road, Bega be temporarily closed each day from 9am to 5pm on 18, 19, and 20 February 2022 for the Far South Coast National Show.

That, subject to conditions, Park Lane and East Street, Bega, between the intersections of Parker Street and Belmore Street be temporarily changed to one-way traffic flow eastbound / southbound from 9am to 5pm on 18, 19, and 20 February 2022 for the Far South Coast National Show.

That the proposed traffic arrangements for the Far South Coast National Show 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 (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 the event operates strictly under the NSW Health Department COVID19 conditions.

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

Link to attachment: https://begavalley.nsw.gov.au/page.asp?f=RES-NPW-13-07-68

Australia Day Celebrations 26 January 2022

An application has been received from the Bega Valley Shire Council events co-ordinator for the annual Australia Day Celebrations and awards ceremony to be held on Wednesday 26 January 2022.

Recommendation:

That, subject to conditions, Zingel Place, Bega between the Sapphire Marketplace roundabout and entrance to the Littleton Gardens car park be temporarily closed between 7:00am and 10.30am on Wednesday 26 January 2022 for the Bega Australia Day celebrations.

That the proposed traffic arrangements involving the temporary closure of Zingel Place, Bega for the Bega Australia Day celebrations on Wednesday, 26 January 2022, 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 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 the event operates strictly under the NSW Health Department COVID19 conditions.

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

Link to attachment: https://begavalley.nsw.gov.au/page.asp?f=RES-OOR-04-77-50

EAT Merimbula 13 March 2022

An application has been received from Eat Merimbula for its annual food festival celebrating local produce and local chef talent within the Sapphire Coast

Recommendation:

That, subject to conditions, Fishpen Road, Merimbula between the intersections of Marine Parade and Calendo Court be temporarily closed between 7.00am and 5.00pm on Sunday, 13 March 2022 for Eat Merimbula Food Festival.

That, as per the Local Traffic Committee meeting recommendations of 5 July 2017 which were adopted by Council on 16 August 2017 regarding events in the Fishpen area, the Eat Merimbula event was considered for one-lane closure only but deemed to be a two-lane closure for safety purposes.

That the event organisers notify affected property owners of changes to road conditions at least one month prior to the event taking place.

That the proposed traffic arrangements involving the temporary closure of Fishpen Road, Merimbula for the Eat Merimbula Festival on Sunday, 13 March 2022 be deemed a Class 2 special event and it be conducted under an approved and current Traffic Control Plan, in accordance with the NSW Transport for NSW (TfNSW) Traffic Control Manual.

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

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

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

That the event achieves all conditions of Council’s issued Approval for Use of Public Land.

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

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

Link to attachment: https://begavalley.nsw.gov.au/page.asp?f=RES-UVW-46-31-02

Merimbula Twilight Holiday Markets each Saturday afternoon from 11 December – 12 January 2022

An application has been submitted from Merimbula Chamber of Commerce together with Merimbula Tourism to hold Twilight Holiday Markets in Beach Street over the Christmas Holiday period.

Unlike other existing markets, the Merimbula Twilight Holiday Markets will focus primarily on fine food and entertainment, with an eclectic mix of interesting local and regional providore foods and Beverage Stalls, and a smattering of local art, craft and other local producers. Entertainment will include a range of live performers, musicians and children’s entertainers.

Recommendation:

That, subject to conditions, the section of Beach Street, between Market Street and Alice Street, Merimbula be temporarily closed each Saturday from 2pm to 9pm from 11 December 2021 through until 12 January 2022 for the Merimbula Twilight Holiday Markets.

That the proposed traffic arrangements for Merimbula Twilight Holiday Markets 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 (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 the event operates strictly under the NSW Health Department COVID19 conditions.

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

Link to attachment: https://begavalley.nsw.gov.au/page.asp?f=RES-TOC-55-40-11

Bega Valley Rally 11-12 June 2022 (alternatively 1-2 October 2022)

An application has been received for the 2022 Bega Valley Rally, to be held on Saturday, 11 June and Sunday, 12 June 2022, but have also requested the October dates in the event that the June event needs to be cancelled due to unexpected weather conditions. The rally is mainly conducted on NSW Eden Forestry Corporation roads, with the use of seven Bega Valley Shire roads, being Upper Cobargo Road, Coopers Gully Road, Walls Flat Road, Niagara Lane, Pericoe Road, Buckajo Road and The Snake Track.

Recommendation:

That, subject to conditions, Upper Cobargo Road be temporarily closed between 8.00am and 5.00pm on Saturday, 11 June 2022 for the duration of a competitive stage of the Bega Valley Rally.

That, subject to conditions, Coopers Gully Road be temporarily closed between 8.00am and 5.00pm on Saturday, 11 June 2022 for the duration of a competitive stage of the Bega Valley Rally.

That, subject to conditions, Walls Flat & Wents Road be temporarily closed between 12.00pm and 5.00pm on Saturday, 11 June 2022 for the duration of a competitive stage of the Bega Valley Rally.

That, subject to conditions, Buckajo Road, Spring Creek Road be temporarily closed between 12.00pm and 5.00pm on Saturday, 11 June 2022 for the duration of a competitive stage of the Bega Valley Rally.

That, subject to conditions, Niagra Lane / Comans Lane be temporarily closed between 12.00pm and 5.00pm on Saturday, 11 June 2022 for the duration of a competitive stage of the Bega Valley Rally.

That, subject to conditions, Perico Road be temporarily closed between 4.00pm and 11.00pm on Saturday, 11 June and 6.00am – 6.00pm Sunday, 12 June 2022 for the duration of a competitive stage of the Bega Valley Rally.

That, subject to conditions, Snake Track be temporarily closed between 4.00pm and 11.00pm on Saturday, 11 June and 6.00am – 6.00pm Sunday, 12 June 2022 for the duration of a competitive stage of the Bega Valley Rally.

That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate Transport for NSW 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 Bega Valley Shire Council, NSW Police and Transport for NSW by name for the event.

That organisers obtain approval from the Commissioner of NSW Police or their delegate, under Section 115 of the Road Transport Act 2013, prior to conducting the event.

That signage be displayed advising of road closure.

Link to attachment: https://begavalley.nsw.gov.au/page.asp?f=RES-MHG-13-07-78

Bega’s Christmas Bounty 17 December 2021

An application has been received from Bega Chamber of Commerce and Industry, for The Bega Christmas Bounty Retail promotion to be held Friday 17 December 2021 from 3pm to 9pm. The event will require the closure of Carp Street, Bega between the intersections of Auckland Street and Gipps Street for pedestrian access, market stalls, children’s entertainment and buskers.

Recommendation:

That, subject to conditions, Carp Street, Bega be temporarily closed between the intersections of Auckland Street and Gipps Street for the Bega Chamber of Commerce Retail Promotion between 3pm and 9pm on Friday 17 December 2021.

That the proposed traffic arrangements involving the temporary closure of Carp Street, Bega for the Bega Chamber of Commerce Retail Promotion on Friday, 17 December 2021, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the 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 full implement an approved Special Event Transport Management Plan.

That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and TfNSW Services 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 the event operates strictly under the NSW Health Department COVID19 conditions.

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

Link to attachment: https://begavalley.nsw.gov.au/page.asp?f=RES-BYW-48-33-04

Timed Bus Zone, Wallaga Lake Road, Bermagui

An email has been received from the school bus operator for Bega Valley Coaches, requesting a time restricted bus zone for an area adjacent the Bermagui Public School on Wallaga Lake Road. The request is for a time restricted from 7.30am to 7.45am School Days.

“I am writing to BVSC to have a new bus stop attached to one of our School Bus Routes. The proposed site of the bus stop is in Wallaga Lake Road, Bermagui, opposite the 777 Store from the corner of River Rd and Wallaga Lake Rd up to the southern side of the public telephone box.

At the moment this is an informal bus stop. The reason for this request is that on school days there can be up to 9 students who board the school bus from this location and if there are cars parked here the bus has to either pull up in the middle of the road or park across the access to River Rd. All I am requiring for the bus stop is a timed zone from say 7.30am to 7.45am.”.

Recommendation:

That Council approve the installation of a timed School Bus Zone for the collection of students on Wallaga Lake Road between the hours of 7.30am to 7.45am School Days commencing at the northern end of the mandatory “No Stopping” of the school crossing, for a length of 20 metres.

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

Nil

Council 24 November 2021

Item 12.1

12.1. End of Term Report

As part of the Integrated Planning and Reporting (IP&R) framework Council is required to prepare an End of Term report outlining progress against the strategic outcomes established in the Council’s adopted Community Strategic Plan (CSP).

Director Business & Governance

Officer’s Recommendation

That Council note the End of Term report for the period 1 July 2017 to November 2021 and publish the report to Council’s website on 6 December 2021.

Executive Summary

Council is required to present an End of Term (EOT) report at the last meeting of a Council term prior to an ordinary election. The End of Term report will be published on Council’s website.

Background

In June 2017 Council adopted its Community Strategic Plan, Bega Valley 2040 (CSP) and a suite of other plans as required under the Integrated Planning and Reporting (IP&R) Framework. The EOT report is the report on Council’s progress in implementing its adopted CSP during its term (section 428(2), Local Government Act 1993). The EOT report must be tabled at the last Council meeting of the outgoing Council.

The purpose of the EOT report is to provide an overview of Council’s progress in implementing the CSP and the achievement of its social, environmental, economic and civic leadership objectives over the past 5 years, an extended term of Council. It highlights key initiatives and projects across that period and outlines key issues that emerged and were addressed or influenced by Council.

Council has direct influence over many functions, services and initiatives, but in addition, is often only involved in the periphery of many others as a collaborator with other levels of government, community groups and agencies or as an advocate to decision makers on behalf of the community.

The CSP was informed by extensive community engagement resulting in the ‘Understanding Our Place’ document that helped to define the community vision and the six CSP outcomes of active and healthy communities; employment and learning opportunities; sustainable living; liveable places; connected communities; and strong, consultative leadership.

Measuring progress

To ensure we can measure our success, the development of the CSP included identifying progress measures and capturing baseline data to ensure we could measure our progress.

Council provides a regular assessment of progress against its CSP, through its half yearly report and the Annual Report, published in November each year. This encompasses an assessment of the progress made against Council’s annual budget and Operational Plan and four-year Delivery Program. The EOT report enables us to look back across the full term of Council to show how progress has been made in delivering upon the six outcomes in the CSP.

Council received over 1,500 reports during its term from September 2016 until 3 November 2021. (These figures exclude the meeting held 24 November Council 2021).

A full list of the reports tabled is available on Council’s Website.

List of all reports to Council during the period September 2016 to November 2021

Reports were received across all area of Council’s operations and included Councillor initiated reports such as responses to Questions on Notice or Notices of Motion. A summary is provided in the table below with 1,502 reports being presented over the term:

Council Reports 2016-2021
Staff Reports
Assets and Operations	483
Business and Governance	217
Business Performance	13
Community, Environment and Planning	166
Executive	143
Human Resources	192
People and Governance	27
Planning and Environment	76
Recovery, Rebuilding and Resilience	9
Confidential Business	31
Sub Total – Staff Reports	1,357
Councillor Reports
Mayoral Minutes	28
Notices of Motion	89
Rescission/alteration Motions	3
Questions on Notice	24
Delegates Reports	1
Sub Total – Councillors Reports	145
TOTAL REPORTS	1,502

For clarification, the EOT report covers the period 1 July 2017 to the end of this term of Council, November 2021. Councillors are typically elected in September and for the first 9 months of their term they are delivering the strategies and plans set by their predecessors adopted in the June of that year. The Councillors term technically commences from when they were elected however their capacity to influence the suite of IPR documents, including the CSP does not occur until they adopt a suite of documents the following June, post their election to office.

Options

There are no options for this report. The EOT report is prepared by Council officers to meet legislative requirements and is presented for the noting of Councillors.

Community and Stakeholder Engagement

Engagement undertaken

The provision of the EOT report is aligned with the “Inform” level of engagement under the IAP2 Framework. Following the local government elections in December, the community will be able to access the EOT report from Council’s website as a record of the progress made in achieving the Community Strategic Plan. Significant internal staff engagement is sought throughout the process of compiling the EOT report.

Engagement planned

The EOT report is one of the key points of accountability between Council and our community. Through the promotion of this report, Council can demonstrate achievements and assist the incoming Council to understand where progress has been made and where further effort and focus is required.

The EOT report will be published on Council’s website post the Local Government Election and it will also be used as part of the Councillor induction process in January 2022.

Financial and Resource Considerations

There are no financial impacts to the adopted budget through provision of the EOT report. The Corporate Planning service and associated staff resource includes completion of this project as a core requirement of meeting our legislative responsibilities.

Legal /Policy

Under the IPR Guidelines and Local Government Act 1993 an End of Term (EOT) report is required to be tabled at the last Council meeting before an ordinary election.

The Integrated Planning and Reporting Guidelines have recently been amended and a shift in the process surrounding End of Term reporting is that in the next cycle of IPR it will be a ‘State of our Shire Report’ and will have a focus of reporting to the incoming Council the progress made by the previous Council.

The IP&R handbook indicates that the ‘State of our Shire Report’ should be presented to the second meeting of a newly elected council for noting. The report will cover the 4-year term of the previous council and will objectively track council’s progress against the Community Strategic Plan (CSP). The report will provide information that sets the scene for the new council and may include achievements to date and highlight future work to be undertaken. The report should assist the new council to undertake a review of the CSP, which is an essential component of IP&R cycle.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The delivery of the EOT report supports the Community Strategic Plan (CSP) outcomes of strong, consultative leadership by ensuring we seek to meet the following CSP goal of “ensuring we are an informed and engaged community with a transparent, consultative and responsive Council through the development and implementation of good governance systems”.

Preparation of the EOT report is an action in the current operational plan.

Environment and Climate Change

There are no direct environment and climate change impacts with the provision of the EOT report.

Many of the highlights outlined in the EOT report demonstrate the contribution Council has made and is continuing to make in mitigating the impact on our climate, including the adoption of a Clean Energy Plan and Climate Resilience Strategy.

It is noted that the 2013 IP&R guidelines indicated a separate State of the Environment report was a requirement, with contradictory verbal advice from the OLG and IP&R experts indicating that it was not required to be delivered as a component of this EOT report. Council has not prepared a separate State of the Environment report but has captured progress in delivering upon environmental initiatives in the highlights and measures under the relevant CSP themes.

The updated IP&R guidelines state that a requirement to prepare a stand-alone state of environment report in the year in which an ordinary election of councillors is to be held is no longer a requirement. However, a report on the implementation and effectiveness of council’s Community Strategic Plan in achieving its social, environmental, economic and civic leadership objectives must include the state of its environment.

Economic

There are no direct economic impacts with the provision of the EOT report as it provides a summary of the progress made over the 5 years.

Council is a significant contributor to the local economy, employing many residents and utilising the services of a range of local providers. The highlights outlined in the EOT report demonstrate the significant economic impact the business of Council has on the community, through the services we provide, the infrastructure we build and maintain, the planning and development that we support and the advocacy we undertake to empower industry and businesses to build, sustain and improve their services.

Risk

Council has a legislative obligation to ensure it is financially and operationally transparent and the provision of the EOT report to Councillors and community helps to ensure Council is delivering upon the commitments it has made to deliver to community within the available funding sources.

Social / Cultural

There are no direct social or cultural impacts with the provision of the EOT report.

The EOT report highlights the achievements of Council during its term, which, in every aspect has some level of impact on the social and cultural fabric of the Bega Valley community.

Council has consistently worked towards achieving the community vision outlined in the CSP which is; By working together, the Bega Valley Shire community integrates quality of life, enterprising business, sustainable development and conservation of the environment.

Attachments

1 ⇩. End of Term Report_November 2021

Council	24 November 2021
*Item 12.1 - Attachment 1*	End of Term Report_November 2021

PDF Creator

Council 24 November 2021

Item 12.2

12.2. 2020-21 Annual Report

Council’s 2020-21 Annual Report is presented for the information of Councillors. The report is required to be lodged with the Office of Local Government by 30 November 2021.

Director Business & Governance

Officer’s Recommendation

That Council:

1. Receive and note the 2020-21 Annual Report, with the absence of Attachment 2, Council’s Audited Financial Statements.

2. Ensure that once the Audited Financial Statements are returned to Council from the Audit Office that they are included as an attachment to the Annual Report.

3. Provide a copy of the 2020-21 Annual Report to the NSW Office of Local Government by 30 November.

4. Publish the 2020-21 Annual Report on Council’s website on 6 December 2021

Executive Summary

The 2020-21 Annual Report has been prepared to comply with legislative requirements and guidelines and to celebrate achievements against the 2020-21 Operational Plan. This is the last Annual Report for this term of Council.

The 2020-21 Annual Report will be published on Council’s website and hard copies will be made available in Council’s libraries. The Annual Report is required to be provided to the Office of the Local Government by 30 November each year.

At the time of finalising this report the Audited Financials had not yet been returned from the Audit Office. These will be included as an attachment to the Annual Report once they are received.

Background

In accordance with Section 428 of the Local Government Act 1993, each year Council is required to produce an Annual Report that provides details of the organisation’s activities and finances over the period of the previous financial year. The NSW Office of Local Government also provides Guidelines for the development of the Annual Report and requires a copy of the report for its records.

The Annual Report is one of the key points of accountability between Council and our community. Under the Integrated Planning and Reporting framework, the Annual Report focuses on Council’s achievements towards the 2017-22 Delivery Program and includes information prescribed by Clause 217 of the Local Government (General) Regulation 2021 and other statutory information.

Attachment 1 to the Annual Report provides an update against all actions contained in the adopted 2020-21 Operational Plan by Community Strategic Plan theme area from 1 January 2021 to 30 June 2021. Attachment 2 will be Council’s Audited Annual Financial Statements for the period, once returned from the Audit Office.

Options

There are no options for this report. The Annual Report is prepared by Council officers to meet legislative requirements and is presented for the noting of Councillors.

Community and Stakeholder Engagement

Engagement undertaken

The provision of the Annual Report is aligned with the “Inform” level of engagement under the IAP2 Framework. Following the local government elections in December, the community will be able to access the Annual Report as a record of the progress made in 2020-21 towards achieving the Community Strategic Plan. Significant internal staff engagement is sought throughout the process of compiling the Annual Report.

Engagement planned

The Annual Report is one of the key points of accountability between Council and our community. Through the promotion of this report, Council can demonstrate achievements and demonstrate financial transparency. The 2020-21 Annual Report will be published on Council’s website and hard copies will be available in Council’s libraries post the Local Government Election.

Financial and Resource Considerations

There are no financial impacts to the adopted budget through provision of the Annual Report. The Corporate Planning service and associated staff resource includes completion of this project as a core requirement of meeting our legislative responsibilities.

Legal /Policy

Under the Local Government Act 1993 within five months after the end of the financial year, Council must prepare a report as to Council’s achievements in implementing its Delivery Program and Operational Plan for that year.

The Annual Report must contain information required under the Local Government Act 1993 the Local Government (General) Regulation 2021 and other relevant legislation and guidelines including:

· Disability Inclusion Act 2014

· Environmental Planning and Assessment Act 1979

· Government Information (Public Access) Act 2009

· Government Information (Public Access) Regulation 2018

· Public Interest Disclosures Act 1994

· Public Interest Disclosures Regulation 2011

· Carers Recognition Act 2014

· Fisheries Management Act 1994

· Swimming Pools Act 1992

· Swimming Pools Regulation 2018

· Special Rate Variation Guidelines

· Companion Animals Guidelines

· OLG Expenditure Guidelines

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The delivery of the 2020-21 Annual Report supports the Community Strategic Plan (CSP) outcomes of strong, consultative leadership by ensuring we seek to meet the following CSP goal of “ensuring we are an informed and engaged community with a transparent, consultative and responsive Council through the development and implementation of good governance systems”.

The Annual Report outlines Council’s achievements in implementing its Delivery Program 2017-22 and the 2020-21 Operational Plan.

Environment and Climate Change

There are no direct environment and climate change impacts with the provision of the Annual Report. Council may wish to consider not providing printed copies at the Zingel Place Administration Office and Libraries, rather, encouraging members of the community to access the document online saving on printing resources.

Many of the activities and projects delivered within the 2020-21 financial year have contributed towards achieving the actions outlined in the Climate Resilience Strategy that was adopted in 2020.

Economic

There are no direct economic impacts with the provision of the Annual Report as it provides a summary of the progress made over the last financial year. Council is however a significant contributor to the local economy, employing many residents and utilising the services of a range of local providers.

Council’s audited financials outline the financial position of Council and highlight both the income received from the community and the expenditure across the services Council provides. Financial performance of Council can be related to economic impacts on residents in our community.

Risk

Council has a legislative obligation to ensure it is financially and operationally transparent and the provision of the Annual Report to the Councillors and community helps to ensure Council is delivering upon the commitments it has made to deliver to community within the available funding sources.

Social / Cultural

There are no direct social or cultural impacts with the provision of the Annual Report.

The Annual Report highlights the achievements of Council during the 2020-21 financial year, the majority have an impact on the social and cultural fabric of the Bega Valley community.

Council is consistently working towards achieving the community vision outlined in the CSP which is, by working together, the Bega Valley Shire community integrates quality of life, enterprising business, sustainable development and conservation of the environment.

Attachments

1 ⇩. 2020 - 2021 Annual Report (Final)

2 ⇩. Operational Plan Progress Report 1 January 2021 - 30 June 2021 (Final)

Council	24 November 2021
*Item 12.2 - Attachment 2*	Operational Plan Progress Report 1 January 2021 - 30 June 2021 (Final)

PDF Creator

Council 24 November 2021

Item 13.1

13.1. Presentation of Financial Statements and Audit Report for the Year Ended 30 June 2021

Council’s Financial Statements and Audit Report for the Year Ended 30 June 2021 are expected to be presented at this meeting for the information of Councillors. They will also be placed on public notice for 7 days to allow an opportunity for members of the public to provide comment.

Director Business & Governance

Officer’s Recommendation

That Council receive and note the report on FY2021 Audited Financial Statements and Report on the Conduct of the Audit, that these be placed on public notice for a period of seven days once received, and, following the opportunity for public comment, the Statements be published on Council’s website and hard copies made available in Council’s libraries.

Executive Summary

Council’s FY2021 Financial Statements and Audit Report is expected to be presented for the information of Councillors at this meeting.

A request was received from Council’s Auditors to seek an extension from the Office of Local Government to have our Financial Statements lodged by 30 November 2021. This was approved and Council referred our Statements to the Auditors on 20 October 2021.

Background

The financial statements for the year ended 30 June 2021 have been completed and submitted for audit by the Audit Office of NSW (Deloitte).

The draft financial statements were circulated to Audit, Risk & Improvement Committee (ARIC) in October. A meeting will be held with the NSW Audit Office and Deloitte representatives who will provide a briefing to ARIC on the observations of the Audit in December 2021.

At the time of writing this report, Council is waiting for the Audit Report from the NSW Audit Office to be returned. This is expected to be received by 22 November 2021. Once received, they will be lodged with the Office of Local Government.

This report provides a summary of the financial results (based on the Financials referred to Audit). In the new year, the Auditors will be invited to make a presentation to Council to provide comment on the Audited Financials, observations made during the audit and answer questions.

Options

This report presents no options as it is an administrative process to meet Council’s legislative obligations.

Community and Stakeholder Engagement

Engagement planned

Audited Financial Statements are one of the key points of accountability between Council and our community. By providing these documents to the public, Council demonstrates financial transparency.

Reviewing financial results on an annual basis provides an indication of Council’s ability to provide goods, services and facilities and to carry out activities appropriate to the current and future needs of the local community and the wider public.

These Financial Statements will be added to the published 2020-2021 Annual Report and made available to the public on Council’s website and hard copies available at Council’s libraries.

Financial and Resource Considerations

The commentary below provides some items of note in the General Purpose Financial Statements (GPFS) that were referred to audit.

Operating Result

The operating result (after capital) is a surplus of $3.4 million. This result is better than the original budget of $6.5 million deficit. The major contributing factor for the actual versus expected is prepayment of Councils Financial Assistance Grant and Disaster Recovery Grant opportunities.

Cash and Investments

Council’s cash and investment balance has been impacted by a series of cash flow challenges. Internal restrictions held for the financial year ending 30 June 2021 were reduced by Council resolution on 22 September 2021.

The cash flow situation is the culmination of several factors, some temporary and some as a result of ongoing General Fund deficits that have occurred over time. The following items are noted for the Statement of Cash Flows:

· At 30 June 2021, Council is owed $16.9 million in debtors for government grants and subsidies. These relate to reimbursements for completed works. The temporary cash flow deficit is being funded from Council’s internal reserves.

· Councils rates, annual charges and user charges debtors at 30 June 2021 have increased by $0.4 million. Contributing to this is the decision by Council to offer hardship relief for all ratepayers. Debt collection will be monitored and reported to Council over the coming months.

· Council is still adapting to the additional costs and loss of income relating to its bushfire recovery, COVID and flood recovery works.

Operating Results by Fund

The statements include a breakdown of the income statement and financial position for the General, Water and Sewer funds.

For the year ending 30 June 2021, the General Fund shows an operating surplus of $3 million dollars.

FY2021 Result	General (‘000) $	Water (‘000) $	Sewer (‘000) $
Net Operating Result	28,742	2,212	3,445
Net Operating result before Capital Grants & contributions	3,061	(1,462)	1,859

Financial Performance Ratios (Consolidated)

	FY21 (‘000)	FY20 (‘000)	Benchmark
Operating Performance ratio	2.89%	2.13%	>0.00%
Own Source Revenue ratio	53.62%	58.78%	>60%
Unrestricted Cash Ratio	2.06x	1.13x	>1.5x
Debt Service Cover Ratio	5.72x	5.33x	>2.0
Rates outstanding percentage	7.23%	5.96%	<10% Rural
Cash expense cover ratio	11.77 months	12.14 months	>3 months

The key performance measures indicated in the table above shows that as a consolidated entity, Council has achieved a positive operating result.

Observations

· Own source revenue is lower than the benchmark, a result of the high rate of grants that Council has received.

· The unrestricted ratio is a measure of Councils ability to pay its current liabilities. Since it deals with only unrestricted asset and liabilities, it is a General Fund performance measure. The result of 2.06 has improved since 2020.

· The debt service ratio is a measure of Council’s ability to service its loans. As Council’s borrowing increases this ratio decreases.

· The cash expense cover ratio includes the restricted and unrestricted cash. Whilst the ratio is healthy it should be noted that restricted cash is only available for the specific purpose it was collected for.

Statement of Performance Measures (Ratio) \| General Fund	Benchmark	FY2021
Operating Performance ratio	>0.00%	3.52
Own source operating revenue ratio	>60.00%	42.99
Unrestricted current ratio	>1.50x	2.06x
Debt service cover ratio	>2.00x	4.92x
Rates, annual charges, interest and extra charges outstanding percentage	<10.00%	11.05%
Cash expense cover ratio	>3.00 months	3.37 months

Statement of Performance Measures (Ratio) \| Water Fund	Benchmark	FY2021
Operating Performance ratio	>0.00%	-11.65%
Own source operating revenue ratio	>60.00%	75.63%
Unrestricted current ratio	>1.50x	224.53x
Debt service cover ratio	>2.00x	∞
Rates, annual charges, interest and extra charges outstanding percentage	<10.00%	0.00%
Cash expense cover ratio	>3.00 months	∞

Statement of Performance Measures (Ratio) \| Sewer Fund	Benchmark	FY2021
Operating Performance ratio	>0.00%	10.03%
Own source operating revenue ratio	>60.00%	91.52%
Unrestricted current ratio	>1.50x	42.26x
Debt service cover ratio	>2.00x	6.62x
Rates, annual charges, interest and extra charges outstanding percentage	<10.00%	0.00%
Cash expense cover ratio	>3.00 months	∞

The (unaudited) Infrastructure report provides additional KPI’s regarding Council performance in the management of community infrastructure. Below is a summary of the performance against the benchmarks, both consolidated and by Fund.

Report on Infrastructure Assets (Ratio) \| Consolidated	Benchmark	FY2021
Buildings and infrastructure renewals ratio	>=100.00%	91.4%
Infrastructure backlog ratio	<2.00%	2.07%
Asset maintenance ratio	>100.00%	111.91%
Cost to bring assets to agreed service level	NA	1.4%

Report on Infrastructure Assets (Ratio) \| General Fund	Benchmark	FY2021
Buildings and infrastructure renewals ratio	>=100.00%	106.72%
Infrastructure backlog ratio	<2.00%	2.99%
Asset maintenance ratio	>100.00%	136.01%
Cost to bring assets to agreed service level	NA	2.19%

Report on Infrastructure Assets (Ratio) \| Water Fund	Benchmark	FY2021
Buildings and infrastructure renewals ratio	>=100.00%	46.42%
Infrastructure backlog ratio	<2.00%	0%
Asset maintenance ratio	>100.00%	120.18%
Cost to bring assets to agreed service level	NA	0%

Report on Infrastructure Assets (Ratio) \| Sewer Fund	Benchmark	FY2021
Buildings and infrastructure renewals ratio	>=100.00%	75.23%
Infrastructure backlog ratio	<2.00%	0%
Asset maintenance ratio	>100.00%	63.72%
Cost to bring assets to agreed service level	NA	0%

Financial Performance and Position

FY2021 Result	(‘000) $
	Original Budget	2021 Actual	2020
Total Assets	1,164,802	1,289,764	1,245,318
Total Liabilities	47,662	76,696	69,520
Net Assets	1,117,140	1,213,068	1,175,798
Total Equity	1,117,140	1,213,068	1,175,798

Budget Information

Preparation of this report, the execution of the external audit and the additional support required to have the Financial Statements audited has been undertaken within the Financial Services Administration - General Fund operational budget.

Legal /Policy

Section 413 of the Local Government Act requires a resolution of Council to refer the draft financial statements to audit. This was completed on 20 October 2021.

Section 413 (2c) requires a resolution of Council that the annual financial statements have been prepared in accordance with:

· The Local Government Act 1993 (as amended) and the Regulations made there under

· The Australian Accounting Standard and professional pronouncements,

· The Local Government Code of Accounting Practice and Financial Reporting.

and that, to the best of their knowledge and belief, the financial statements present fairly the operating result and financial position, and accord with Council’s accounting and other records.

Section 418 of the Act requires that as soon as practicable after Council receives a copy of the auditor’s report, it must fix a date for a meeting to present the audited financial statements to the public, and it must make the financial statements available for public inspection for at least seven days prior to the meeting date. This will be arranged as soon as Council receives the Audited Financial Statements from the Auditors.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

CSP - 6: Strong, Consultative Leadership

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

OP - 6.12.5: Improve the provision of corporate financial services

Environment and Climate Change

The audited financial results at 30 June 2021 provide information that can be used to assess Councils financial position by using the results to calculate the financial sustainability ratios. The benchmarks are defined in the “OLG’s performance indicators from the audited financial statement”.

Economic

Council is a major contributor to the local and regional economy. Assessment of financial performance is a key input of decision making, with the goal to ensuring a financially responsible and effective organisation. As well, an opportunity to assess actual performance against strategic plans, highlighting any challenges and unexpected events that may impact the final results.

Risk

Information in the financial statements and reports assist with analysis of the performance of Council. Following the Audit, Council receives a management letter that describes areas of risk identified and makes recommendations for areas that Council should give attention. In addition, Council Officers review the reports and undertake internal analysis of the results, providing an opportunity for strategic and organisational risks to be identified and captured in accordance with our Enterprise Risk Management Framework. Controls to manage these identified risks is the function of the Audit, Risk and Improvement Committee and the annual external audit process.

Social / Cultural

Reporting of financial performance in a timely manner that meets legislative requirements, builds confidence in the management and leadership of the Council. Benchmarking against similar Councils (Category 4) allows for context in the local government environment.

Financial decisions impact the social and cultural aspects of Council’s operations in the community. The Financial Statements provide an annual summary of the impact of those decisions at a point in time; that being, the end of financial year (30 June 2021) that is used to inform future decisions and direction.

Attachments

Nil

Council 24 November 2021

Item 13.2

13.2. Quarterly Budget Review Statement (QBRS) September 2021 - Q1

Quarterly Budget Review Statements (QBRS) are prepared and presented to Council in accordance with Section 203 of the Local Government (General) Regulation 2021.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the September 2021 Quarterly Budget Review Statement.

2. That the budget recommendations detailed in the September 2021 Quarterly Budget Review Statement be adopted.

Executive Summary

As part of the Integrated Planning and Reporting (IPR) framework, a Quarterly Budget Review Statement (QBRS) must be presented to Council for each financial quarter. This report provides the September (Q1) Quarterly Budget Review Statement for FY2022.

Background

The QBRS is presented in a summary format which shows Council’s income and expenses by fund, type and activity. The Capital Budget Review Statement (CBRS) is also prepared by type followed by variance details. It is the intent of this report to provide information on the financial performance of Council as a whole and, for each activity of Council.

Council officers retain the ability to enquire, transact, and report on the detailed general ledger, which includes budgets. If there are specific questions relating to detailed transactional information, officers can provide answers to those questions.

The budgeting process sees Council develop annual budgets in March of each year. As can be expected, many external factors are unknown at that time and therefore it is important that routine budget reviews are undertaken and presented to Council for adoption. As required by the Local Government (General) Regulation 2021, we request budget adjustments through the QBRS process.

Operationally, our teams are continuing to demonstrate improvement in our financial reporting and systems, focusing on reducing errors and improving real time information.

Options

A detailed review by Council officers has been undertaken to prepare the QBRS. It is recommended this is adopted to continue to support Council staff to deliver for the community. Council has the option to consider other budget adjustments.

Community and Stakeholder Engagement

Engagement undertaken

Internal engagement with staff has been undertaken to develop the recommendations for the QBRS.

Engagement planned

Following adoption of adjustment requested in the QBRS, the report is published on Council’s website.

Financial and Resource Considerations

Operating ResultCouncil’s consolidated budget, net operating result, has improved by $8.5 million. This includes the revotes and carry overs approved in September. The revised September budget is projecting a surplus of $66.0 million. The consolidated net operating result before grants and contributions provided for capital purposes has improved by $0.8 million, resulting in a projected deficit $3.1 million.Within income streams there has been an increase in rates and charges of $95,436, an increase in fees and charges $113,230, a reduction in investment income of $722,797 and other revenue increased by $1,513,472 from sale of land. Included is a large reduction of $305,000 in expected income from airport fees due to ongoing impacts of Covid.

Operational Grants have increased by $194,944. Included in the total are new grants, previously received grants and new grants transferred to contract liability.

Capital Grants increased by $7.7 million. Included in the total are new grants, previously received grants and new grants transferred to contract liability. Major increases are water fund grants for treatment plants at Brogo and Bega totalling $7.6 million.

Expenses increased by $405,109. Employee costs decreased by of $482,207 and this has an associated change in materials and contracts. Materials and contracts increased by $841,701 and relates to waste projects that were not included in the carryover revote report. A small decrease of $45,613 in other expenses reflect the effort of staff to reduce costs.

The recommended changes have the following impact on the net operating result before grants and contributions provided for capital purposes by fund:

	Revised Budget (incorporating revotes/carry overs)	Requested Changes	Projected Year End Result
General Fund	50,248,679	1,645,678	51,894,657
Water Fund	560,752	7,405,442	7,966,194
Sewer Fund	4,345,131	(288,522)	4,056,609
Waste Fund	2,368,566	(226,662)	2,141,904

The recommended changes have the following impact on the net operating result after grants and contributions provided for capital purposes by fund:

	Revised Budget (incorporating revotes/carry overs)	Requested Changes	Projected Year End Result
General Fund	(9,230,390)	1,498,918	(7,731,472)
Water Fund	(473,032)	(194,558)	(667,590)
Sewer Fund	3,484,165	(288,522)	3,195,643
Waste Fund	2,368,566	(226,662)	2,141,904

Capital

Capital expenditure is estimated to increase by $1,483,262 in the September QBRS to $115.3 million. The largest impact is waste projects that were not included in the carryover/revote report at the value of $692,772. Other increases have been funded by either grant or reserve funds.

Cash and Investments

Council had cash and investments of $100.2 million at 30 September 2021. The revised projected cash figure at 30 June 2022 is expected to be $51.5 million. Our investment performance has been heavily impacted by the economic downturn due to COVID-19 pandemic.

Other cash impacts include:

· Council has not yet drawn down the approved loan for the Merimbula Airport Terminal. A projection of the loan funds has been included in this QBRS.

· The internally restricted funds released at 30 June 2021 (based on the cash and cash equivalent balance) have been reinstated in 2021 from the payments to be received from State and Federal government debtors and loan funds.

Legal /Policy

In accordance with Regulation 203(1) of the Local Government (General) Regulation 2021, the Responsible Accounting Officer must prepare and submit to the Council a Budget Review Statement after the end of each quarter.

Clause 203 of the Local Government (General) Regulations 2005 states:

Budget Review Statements and revision of estimates

1. Not later than two months after the end of each quarter (except the June quarter), the responsible accounting officer of a council must prepare and submit to the council a budget review statement that shows, by reference to the estimate of income and expenditure set out in the statement of the council’s revenue policy included in the operational plan for the relevant year, a revised estimate of the income and expenditure for that year.

2. A budget review statement must include or be accompanied by:

a. A report as to whether or not the responsible accounting officer believes that the statement indicates that the financial position of the council is satisfactory, having regard to the original estimate of income and expenditure, and

b. If that position is unsatisfactory, recommendations for remedial action.

c. A budget review statement must also include any information required by the Code to be included in such a statement.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Council’s 2017–2022 Delivery Program and 2021-2022 Operational Plan provides the Financial Estimates 2017–2022 which includes the Budget for 2021-2022 (FY2022).

Council will need to be mindful in reviewing the Long-Term Financial Plan, that it is not likely to have the same level of external grant funding into the future and that an expansion of the current asset base will put pressure on future budgets through increased operation, maintenance and depreciation costs.

Further work will be done in the current year to improve Council’s operational deficit and cash positions, these will be workshopped with Councillors before presenting our recommendations for resolution. These include:

· A full review of fees and charges and other income sources

· Continued work to hand back RFS and other emergency service assets to Government

· Continued advocacy related to removing the Emergency Services costs applied to Councils from Councils rates income which are expected to increase due to increased expenditure by the RFS

· Continued review of options for service delivery and working with community to consider agreed levels of service

· A continued review of Councils asset portfolio including the BVRLC

· Continued implementation of improvement items identified in Council’s Financial Improvement Plan

· Ensuring no new grants are accepted or applied for that bring a requirement for Council contribution or increased maintenance and operating costs

· An assessment of service levels in areas funded by the General Fund that align with our financial strategy and is used to inform the draft FY2023 budget.

Given the issues highlighted by Council in achieving its Asset Management model, future gains or surpluses need to be placed into appropriate reserves to provide coverage for future liabilities.

Environment and Climate Change

There are no direct Environment and Climate Change implications associated with presenting this report.

Economic

Council and its expenditure have a significant economic impact on the Bega Valley. The recommended adjustments to the adopted budget ensure as an organisation we can continue to deliver the services and projects committed to in the FY2022 Operational Plan.

Risk

Financial stability is defined in terms of Council's ability to facilitate and enhance economic processes, manage risks, and absorb shocks. Moreover, financial stability is considered a continuum: changeable over time and consistent with multiple combinations of the constituent elements of finance. The QBRS process helps to provide transparency and accountability into the financial management of Council.

Social / Cultural

The attachments to this report detail the recommended adjustments to our budget, which may have some impacts on social and cultural services. The Officer’s recommendation is to support the continued service provisions and associated budgets as detailed in the organisation’s plans as contained in the attached.

Attachments

1 ⇩. Attachment Quarterly Budget Review Statement September 2021

Council 24 November 2021

Item 13.3

13.3. Certificate of Investment October 2021

This report details Council’s cash and investments at the end of October 2021.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the attached report on Council’s investment position as at 31 October 2021.

2. That Council notes 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 held at 31 October 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 another negative result that has significantly reduced Council’s investment income.

To address the loss in the T-Corp investments, the investments have been reduced significantly and the funds diverted to Council’s Commonwealth Bank At-Call Account. Currently this is returning the best rates in the market.

The investments can be broken down into the following Funds:

Table 1: Investments by Fund $’000
Fund	August-2021	September-2021	October-2021
General Fund	32,985	34,776	35,846
Water Fund	22,101	23,733	22,885
Sewer Fund	41,869	41,621	40,953
TOTAL	96,955	100,130	99,684

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:

Source of Funds	Value
Total cash and Investments	$99,683,582
External Restrictions **	$53,365,593
Internal Restrictions **	$6,754,404
Unrestricted funds	$39,563,585

** The table above reflects the level of restrictions as per the Council’s September QBRS report also included in the business paper for the Ordinary Meeting of Council on 24 November 2021.

The value of outstanding Government Grant Debtors on 30 October is valued at $3,604,175.

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	24 November 2021
*Item 8.1 - Attachment 1*	Clause 4.6 Variations to Development Standards Reported to DPIE for July to September 2021 Quarter

Council	24 November 2021
*Item 8.2 - Attachment 1*	Draft Development Consent

Council	24 November 2021
*Item 8.2 - Attachment 2*	Clause 4.6 Variation Application

Council	24 November 2021
*Item 8.2 - Attachment 3*	Section 4.15 Assessment Report

Council	24 November 2021
*Item 8.3 - Attachment 1*	Proposed Conditions of Consent

Council	24 November 2021
*Item 8.3 - Attachment 2*	Section 4.15 Assessment Report

Council	24 November 2021
*Item 8.3 - Attachment 3*	Applicant's Clause 4.6 Variation Request

Council	24 November 2021
*Item 8.3 - Attachment 4*	Effluent Disposal Report

Council	24 November 2021
*Item 8.3 - Attachment 5*	Bushfire Report

Council	24 November 2021
*Item 8.4 - Attachment 1*	South Imlay Street HCA planning proposal post exhibition

Council	24 November 2021
*Item 8.4 - Attachment 2*	Summary of submissions to South Imlay Street HCA planning proposal

Council	24 November 2021
*Item 11.1 - Attachment 1*	Colombo Park Concept Drawings part 1

Council	24 November 2021
*Item 11.1 - Attachment 2*	Colombo Park Concept Drawings part 2

Council	24 November 2021
*Item 11.1 - Attachment 3*	Colombo Park Concept Drawings part 3 (finishes)

Council	24 November 2021
*Item 12.2 - Attachment 1*	2020 - 2021 Annual Report (Final)

Council	24 November 2021
*Item 13.2 - Attachment 1*	Attachment Quarterly Budget Review Statement September 2021

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

24 November 2021

Staff Reports –Planning And Environment

24 November 2021

Officer’s Recommendation

Attachments

Council

24 November 2021

Staff Reports – Infrastructure Waste And Water

24 November 2021

11.2. Disposal of Easement to Essential Energy to support Merimbula Airport works

Officer’s Recommendation

Attachments

Council

24 November 2021

Staff Reports – Governance And Strategy

24 November 2021

12.2. 2020-21 Annual Report

Officer’s Recommendation

Attachments

Staff Reports – Finance

24 November 2021