Agenda of Council - 8 June 2016

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 and Department 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?

Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.

Agency advice

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

TO: The General Manager
Bega Valley Shire Council

Disclosure of pecuniary interests / non-pecuniary conflict of interests

In accordance with the Council’s Code of Meeting Practice and the requirements of the Local Government Act and regulations or dispensation issued by the Office of Local Government I hereby disclose the following pecuniary interests and/or non-pecuniary conflict of interests at the meeting as indicated below:

Ordinary meeting held on _____ / _____ / 20___

dd mm yy

Item no & subject
Interest (tick one)	Pecuniary interest Non-pecuniary conflict of interest
* Nature of interest
If Non-pecuniary (tick one)	Disclose & vote Disclose & not vote Leave chamber

Item no & subject
Interest (tick one)	Pecuniary interest Non-pecuniary conflict of interest
* Nature of interest
If Non-pecuniary (tick one)	Disclose & vote Disclose & not vote Leave chamber

Signed
Print Name	Councillor

* Note: Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 6.11 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation 2004 (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.

Council

8 June 2016

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 18 May 2016 as circulated, be taken as read and confirmed.

3 Declarations

Pecuniary, Non-Pecuniary and Political Donation Disclosures to be declared and tabled.

4 Deputations (by prior arrangement)

5 Petitions

6 Mayoral Minutes

7 Adjournment to Standing Committees

Recommendation

That the Ordinary meeting of the Council be adjourned for the purpose of dealing with staff reports to Standing Committees.

8 Staff Reports – Planning and Environment (Sustainability)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Taylor.

8.1 Construction of supermarket and liquor store and associated car parking, signage, earthworks and 2 lot subdivision......................................................................................................................................... 9

8.2 Alterations and additions to existing dwelling - Lot 246 DP 1038569, 45 Park Lane, Bournda 79

8.3 Use of Public land (Local Approvals Policy)............................................................................... 87

8.4 Planning Proposal to rezone land at South Bega.................................................................... 115

8.5 Planning Proposal to rezone land at Sapphire Coast Drive, Wallagoot............................... 146

9 Staff Reports – Community, Culture and Leisure (Liveability)

In accordance with Council’s Code of Meeting Practice , this section of the agenda will be chaired by Cr Tapscott.

9.1 Community Project Proposal - Lake Street Walk Proposal................................................... 186

9.2 Pambula Regional Sporting Complex Master Plan.................................................................. 189

10 Staff Reports –Economic Development and Business Growth (Enterprising)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr McBain.

10.1 Classification of land acquired at Eden..................................................................................... 222

10.2 Funding Announcement - Merimbula Regional Airport........................................................ 224

10.3 Economic Development Update................................................................................................ 228

11 Staff Reports – Infrastructure Waste and Water (Accessibility)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Fitzpatrick.

11.1 North Bega Sewerage Pumping Station and Rising Main Proposal for Detailed Design... 234

11.2 Central Waste Facility: Preservation of vegetation buffer.................................................... 236

12 Staff Reports – Governance and Strategy (Leading Organisation)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Mawhinney

12.1 Licence Agreement to Bermagui Big Game Anglers Club .................................................... 246

12.2 Climate Adaptation 2016 Conference...................................................................................... 249

12.3 Clean Air Regulation - Ports..................................................................................................... 251 .

13 Staff Reports – Finance (Leading Organisation)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Hughes

13.1 2017 Operating Budget: Contractors and Consultants......................................................... 254.

14 Adoption of Reports from Standing Committees

Recommendation

That all motions recorded in the Standing Committees, including votes for and against, and acknowledging declarations of interest already made, be adopted in by the Ordinary Council meeting.

15 Delegates Reports

15.1 Cr Michael Britten - Australian Coastal Council Meeting....................................................... 260

16 Rescission/alteration Motions

17 Notices of Motion

18 Urgent Business

19 Questions On Notice

19.1 Meeting Room Names at Tura Marrang Library and Community Centre............................ 292

19.2 Bega Sporting Complex Kiosk..................................................................................................... 293

20 Questions for the Next Meeting

21 Items of Interest Relating to Council Business

22 Confidential Business

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

Statement of Re-Commencement of Live Streaming

23 Adoption of reports from Closed Session

24 Resolutions to declassify reports considered in closed session

Council 8 June 2016

Item 8.1

8.1. DA No. 2015.437: Construction of supermarket and liquor store and associated car parking, signage, earthworks and 2 lot subdivision

Director Planning and Environment

Applicant	Milestone (AUST) Pty Limited
Owner	Steelbull Pty Ltd
Site	Lot 11 DP 835239, Merimbola Street, Pambula
Zone	B2 Local Centre
Site area	10,013m²
Proposed development	Construction of supermarket and liquor store and associated carparking, signage, earthworks and 2 lot subdivision

Precis

Council is in receipt of a Development Application for the construction of a supermarket and liquor store and associated carparking, signage, earthworks and 2 lot subdivision.

The proposal is referred to Council due to significant public interest in the proposal through the public consultation process.

The Application is recommended for approval on a deferred commencement basis.

Description of the proposal

The Application seeks approval for the construction of a retail development comprising supermarket, liquor store and associated carparking, earthworks and signage.

The total floor area of the retail space would be approximately 920m².The proposed building would have a maximum height of between 5.8m and 7.3m and constructed of a combination of precast panels and metal cladding.

The proposal also involves the filling of the land to RL 3.84m AHD for the footprint of the retail space. The current RL of the land is approximately 2m AHD.

A total of 37 carparking spaces would be provided with access available from both Merimbola and Bullara Streets.

A one-way service vehicle access is proposed via a separate driveway from Bullara Street which would loop around the back of the proposed building to the loading dock then enter onto Merimbola Street via a combined customer/service vehicle driveway.

All deliveries to the development would enter Bullara Street from the Princes Highway and be serviced by a 19 metre articulated vehicle and a 12.5 metre large rigid vehicle.

The applicant seeks consent for delivery hours to be between 7am and 6pm Monday to Friday, and between 8am and 1pm weekends and Public Holidays.

The applicant seeks consent to operate the supermarket and liquor store between the hours of 7am and 10pm, seven (7) days per week.

The proposal also involves the subdivision of the land into two (2) lots. Proposed Lot B being the development lot with an area of 2,994m²and proposed Lot A being the residue with an area of 7,019m². The proposed service vehicle access would, in part, be located on Lot A. It is proposed to create a right of carriageway over Lot A in favour of Lot B.

A copy of a locality plan and the proposed development plans are provided as Attachment 1 to this report.

Description of the site

The subject site has an area of 10,013m², is located on the north eastern side of the intersection of Merimbola Street and Bullara Street, Pambula and is currently vacant.

The site is square shaped with a western frontage to Merimbola Street of 101m, a northern boundary of 101m, a southern boundary frontage to Bullara Street of 83m and an eastern boundary of 90m. The south eastern corner of the site wraps around an existing sewer pumping station, which is located on an adjoining lot (Lot 2 DP 569613). The site has a gentle fall towards Bullara Street to the south of approximately 1m to 1.5m.

The site is cleared and does not feature any significant topographical constraints. A pedestrian footpath and cycleway has been constructed along the Bullara Street frontage of the site.

The site is located on the south-eastern corner of the Pambula Central Business District (CBD). The site is adjoined by medium density residential land to the east and hardware and building supplies premises (being the Mitre 10 site) to the north. A commercial premises (being Lawrence and Hanson Electrical Wholesalers) and Council land containing a community garden, Pambula Playground and Bennett’s Lane bus stop is located on the opposite side of Merimbola Street to the west.

The Panboola Wetlands is located on the adjacent land on the southern side of Bullara Street.

Background

Development Consent was issued on 8 February 2010 for the establishment of a shopping centre, comprising supermarket, speciality shops, associated carparking, landscaping and service infrastructure on the land. That Consent lapsed on 8 February 2016.

Modified Proposal

After initial assessment of the Application, staff advised the applicant the proposal to use Merimbola Street as the access for service vehicles was not supported. This was due to potential conflict with vehicles at the point of entry/exit and the restricted 3 tonne weight limit on Merimbola Street.

Further, the proposal to provide a shared carpark which delivery vehicles would utilise for manoeuvring purposes was not supported due to potential conflict with customer vehicles and pedestrian safety concerns.

Modified plans were received on 18 April 2016 which provided a separate service vehicle access off Bullara Street, exiting onto Merimbola Street. The modified layout also removed the conflict on-site with service vehicle manoeuvring within the carpark; however the conflict at the exit onto Merimbola Street remains of concern to staff.

Planning assessment

The proposal has been assessed in accordance with the Matters for Consideration under Section 79C of the Environmental Planning and Assessment Act 1979. As part of this report, staff has highlighted the key issues of the proposal in this report for Council’s consideration.

A copy of the Assessing Officer’s Section 79C assessment will be available at the meeting.

Zoning

Lot 11 DP 835239 is zoned B2 Local Centre under the provisions of the Bega Valley Local Environmental Plan 2013 (BVLEP 2013). The proposed development is defined as a ‘retail premises’ and is a permissible use in the zone with consent.

Clause 2.6 of BVLEP 2013 is also relevant to this Application, which allows a consent authority to consider development for subdivision. As the land is zoned B2 Local Centre a minimum lot size does not apply.

The objectives of the B2 Local Centre zone are as follows:

· To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area;

· To encourage employment opportunities in accessible locations;

· To maximise public transport patronage and encourage walking and cycling;

· To enable other land uses that are complementary to, and do not detract from, the viability of commercial uses within the zone;

· To minimise conflict between land uses on land in the zone and land uses on land in adjoining zones; and

· To strengthen the viability of existing business centre as places for investment, employment and cultural activity.

The proposal has been assessed in accordance with the objectives of the zone and is considered to be consistent with those objectives.

Height

The height limit under BVLEP 2013 for the land is 10m and the development as proposed complies with this limit with the maximum height proposed being 7.3m.

Bega Valley Development Control Plan 2013

Section 2 of the DCP sets a number of requirements to realise the desired future characters for a number of the Shire’s Town Centres. Section 2.5 outlines the requirements and desired character for Pambula and identifies four separate precincts. The subject land is located in Precinct 2, which is identified as a “mixed use residential/ commercial” area, with the objectives of this precinct being to continue this mix of land uses.

The specific requirements for Precinct 2 are:

· New development will not have an adverse visual impact on streetscapes;

· If adjacent to an historic building, new development will be no further forward than the heritage listed building, unless it can be demonstrated to Council’s satisfaction that the development will not adversely impact on the heritage structure.

It is considered the proposed development is consistent with the precinct objectives and specific objectives as it would consolidate the mixed use residential/commercial desired character and would not adversely impact on the streetscape as a result of the low-scale design.

The proposed development does not immediately adjoin a heritage building and is not located in a Heritage Conservation Area, however the location of the Pambula Well in Merimbola Street has been noted in the assessment of the Application and it is considered there would be no adverse impact on the heritage significance of that item as a result of the proposed development.

Clause 5.9 ‘Off street car and bicycle parking’ requires parking to be provided at the rate of 1 space per 25m ²of floor area. A total of 37 spaces are proposed which meets the carparking requirement.

Issues

The assessment of the Application has identified several key issues which are discussed in detail below.

Economic Impacts

The Application is supported by an Economic Impact Assessment prepared by Location IQ. The report presents an assessment of the demand and market scope of a supermarket at Pambula, as well as the impact.

The report states that:

“The effects of new competition on existing individual businesses are not a relevant planning consideration. The consideration in planning terms relates to the ongoing ability of centres to continue to provide for the needs of the community which they serve and to ensure that new developments do not fundamentally undermine the viability and role of existing and planned centres”.

The report acknowledges there would be an impact on existing retailers, in particular the existing supermarket in Quondola Street and as part of the conclusion states the following;

“The proposed supermarket will not have an overall detrimental impact on the continued operation of the Pambula Town Centre as a whole. In fact there is an opportunity that by retaining spending locally, some substantial benefits to existing retailers in the area will be possible, by providing additional customers who would otherwise be travelling to Merimbula, Tura Beach and Eden to complete their supermarket shop. The Pambula supermarket is expected to generate some 200,000 ‐ 250,000 visits per year. Shoppers generally visit complementary retailers, such as a newsagent and/or pharmacy, when completing their weekly supermarket shop. As such, a range of retailers are likely to see an increase in sales from the opening of a supermarket in Pambula”.

It should be noted the findings of the Location IQ Economic Impact Assessment are consistent with those of the economic assessment report by Foresight Partners and previously provided as part of the previous Development Application for the site.

Customer Access and Vehicle Conflict

As previously outlined in the report, the design of the carpark and service vehicle manoeuvring has been revised, separating the service vehicle entry and path of travel onto the site. This addresses previous concerns regarding service vehicles manoeuvring paths and conflicts with vehicles and pedestrians.

The applicant proposes that customers should be able to enter and exit the carpark from both Merimbola Street and Bullara Street, with two-way traffic through the carpark. In the revised design, customers are sharing the Merimbola Street entry/exit with service vehicles.

The path of travel provided for a 19m articulated vehicle shows the truck requires the full width of the vehicle exit to manoeuvre onto Merimbola Street as it leaves the site. The truck would then cross the centreline of Merimbola Street while exiting the site.

It is considered this proposed manoeuvre by service delivery vehicles would create significant conflict with any customers attempting to make a right hand turn into the carpark from Merimbola Street.

Further, it is considered the design is in conflict with the objectives of the “Guide to Traffic Generating Developments”, which states:

· Impact on Safety – Traffic safety is of primary importance for developments on both minor and major roads. The internal site layout and access to the development should be considered. Vehicle/vehicle and vehicle/pedestrian conflict points should be reviewed;

· Retail Shopping Centres – Separate access driveways should be provided, wherever possible, for service vehicles and for car parking;

· Service Vehicle Areas – Separation of service vehicle and car movements should be a design objective, although such an arrangement may not always be feasible.

The relevant standard AS/NZS 2890.1 Parking Facilities also states:

· Preliminary Design Considerations – Design coordination – The layout design of an off-street car park shall consider the entire facility, including parking modules, circulation roadways, access driveways and, if necessary, frontage road access, as an integrated and co-ordinated design. Provision for traffic within a parking facility shall take into account the following:

o Arrangement of internal roadways should avoid, as far as practicable, conflicts between intersecting streams of circulating traffic.

Council’s Development Engineer has stated the Merimbola Street entry/exit needs to be redesigned and proposes the following options:

1. Completely separate the service vehicle exit from the customer entry/exit, which would allow two-way customer traffic to continue through the customer carpark; or

2. Make traffic through the customer carpark one-way only, which would allow customers and service delivery vehicles to continue to share the exit onto Merimbola Street; or

3. Widen the Merimbola Street entry/exit to provide sufficient width to maintain a clear entry lane for customer vehicles, while fully accommodating the swept path of a 19m articulated vehicle as it exits the carpark. The articulated vehicle should be able to exit without crossing the centreline of the entry/exit from the carpark, maintaining a clear entry lane for incoming customer vehicles.

It is recommended that, should the Application be approved, a redesign be submitted complying with the above for Council approval prior to any Consent becoming operational.

Submissions

The Development Application was placed on exhibition for a period of 30 days from

4 November until 4 December 2015. An extension to the exhibition period was requested due to community interest. The exhibition period was extended by a further 30 days and closed on

8 January 2016.

A total of 34 submissions were received in relation to the development (31 objecting to the development and 3 in support) plus a petition containing 372 signatures in objection.

Amended plans were received on 15 April 2016 and the Development Application was placed on exhibition again for a period of 14 days from 20 April until 5 May 2016. A total of 6 submissions were received in relation to the amended proposal.

The key issues raised in submissions are discussed below, followed by staff comment.

A copy of the submissions will be available at the Council meeting.

· Traffic generation, access onto Merimbola Street and pedestrian safety

Staff Comment:

The traffic impacts of concern to staff have been addressed previously in this report.

· Nuisance impacts (including odour, light spill and general noise impact)

Staff Comment:

Issues of potential odour and light spill impact are proposed to be addressed through compliance with the relevant Australian Standards and NSW Guidelines.

The proposed trading hours of the development, being 7am and 10pm, 7 days per week, are considered to be reasonable in terms of noise impact, given the commercial nature of adjoining development. The impact of the proposed operating hours on adjoining residents is considered to be minimal and proposed to be addressed through compliance with the relevant Australian Standards and NSW Guidelines.

· Impact on heritage values and village character of Pambula

Staff Comment:

The proposed development is surrounded by commercial and industrial development located along Merimbola Street and to the south of the main commercial area on the outskirts of the village, along Bullara Street. The proposed commercial development is not located within the Heritage Conservation Area however it is located within the vicinity of heritage listed items. This cluster of commercial/industrial development provides a clear contrast to the main heritage precinct (located along Quondola Street) and so emphasises the importance of the heritage values of the Quondola precinct.

Council’s Heritage Advisor provided advice that the general building form is modern commercial and includes a degree of articulation to the façade. It is stepped back from the roadway which will further diminish any impacts to surrounding heritage listed items.

The proposed development is a contemporary design that is low-scale in bulk and height with regards to the site context and the large buildings to the north and west of the site. The proposed design incorporates modern building materials that are appropriate for the type of retail development proposed and is considered to be of minimal impact to nearby heritage items.

· Economic impact (Including impact on local businesses and devaluation of property prices)

Staff Comment:

The impact on existing businesses within the township as a result of the proposed development, in terms of business competition, is not a matter for Council in its planning consent authority role.

The impact on property values as a result of the development is also not a matter for Council in its planning consent authority role.

· Environmental impacts

Staff Comment:

The southernmost part of the subject site is located on “waterfront land”, being land that is located within 40m of the Pambula River floodplain channel and associated Panboola Wetlands on the opposite (southern) side of Bullara Street.

Issues of potential environmental impact on Panboola Wetlands are proposed to be addressed through compliance with the General Terms of Approval issued by the NSW Office of Water, which requires a Controlled Activity Approval to be granted prior to the issue of a Construction Certificate.

· Stormwater impacts

Staff Comment:

The proposed floor level of 3.84 m AHD exceeds the 1 in 20 year post-development modelled flood level at the site of 2.98 m AHD. The proposed floor level still also exceeds the previous advice of exceeding a 1 in 20 year flood level at the bridge of 3.60m AHD.

The 30mm increase in post-development flood level for the 1 in 20 year event is insignificant in increasing the flood affectation of surrounding properties as these are already determined as flood prone to the 1 in 100 event.

The proposed floor level of 3.84m is below the 1 in 100 year flood planning level of 4.5m for Pambula according to the DCP Clause 5.8.1.3, but the 2005 NSW Floodplain Development Manual Appendix K does permit commercial development below the 1 in 100 year threshold event.

The assessment of the proposed fill on the overall floodplain produces an increase of 1 mm in water level overall at the 1 in 100 year event with tidal effects. This is considered insignificant in increasing flood affectation to surrounding properties.

Conclusion

The proposed development is a permissible use in the zone with Development Consent and meets the objectives of BVLEP 2013 and BVDCP 2013.

The revised proposal is supported by assessment staff, except for the combined entry/exit point onto Merimbola Street. As discussed in the report, the current arrangements are considered unsatisfactory and it is recommended the access be redesigned or alternatively a separate exit point be provided for service vehicles. Accordingly staff recommend the Consent be issued on a deferred commencement basis. If supported by Council, the Consent would not become operational until an amended design was received and approved by Council.

The issues raised in the objections received have been assessed and it is considered that refusal of the Application is not justified.

Issues concerning traffic and impact on the Panboola wetlands are addressed in the conditions in the draft Consent.

The Application is recommended for approval on a deferred commencement basis.

Attachments

1 . Locality Plan and Proposed Development Plans

2 . Revised Economic Impact Assessment

3 . Draft Consent conditions

Recommendation

1. That Development Application No. 2015.437 being for the construction of a supermarket and liquor store, associated carparking, signage, earthworks and 2 lot subdivision at Lot 11 DP 835239 Merimbola Street, Pambula be approved on a deferred commencement basis subject to the draft deferred commencement Consent included as attachment 3 to this report.

2. That those persons who made a submission be advised of the Council decision.

Council 8 June 2016

Item 8.4

8.4. Planning Proposal to rezone land at South Bega

The purpose of this draft planning proposal is to rezone land at South Bega to IN2 Light Industrial (10.7ha) and SP2 Infrastructure. The land is currently a ‘Deferred Matter’ under Bega Valley Local Environmental Plan (BVLEP) 2013.

Director Planning and Environment

Background

In Draft BVLEP 2010 the subject land was proposed to be zoned R5 Large Lot Residential, except for the 3 lots containing Council infrastructure which were proposed to be zoned SP2 Infrastructure.

A submission was received during the exhibition period from Caddey, Searl and Jarman on behalf of the owner Mr J Blacker regarding Lots 1, 2, & 3 DP 1077434 which were originally proposed as R5 Large Lot Residential. The submission requested that consideration be given to zoning the three (3) parcels IN1 General Industrial, given that adjoining land contains Council infrastructure facilities.

In considering the submission Council Resolved to not only defer the land subject of the submission, but also adjoining land for further investigation as to the suitability for industrial purposes.

Staff have reviewed the deferred land and discussed the matter with Council’s planning consultant engaged to prepare the ‘Enterprise Lands Review’. It is considered the land proposed to be zoned R5 would more appropriately be zoned IN2 Light Industrial. The Council land originally proposed to be zoned SP2 Infrastructure should remain.

Subject Land

Planning Proposal

The proposed IN2 Light Industrial Zone is considered to be suitable for the subject area as it would be located adjacent to existing industrial land uses (bus depot, land revegetation depot, rural supplies), would facilitate the provision of additional employment land in the Bega area and be compatible with non-industrial uses in the area.

The draft Planning Proposal will expand the industrial zoning by 10.7ha, with an emphasis on light industrial uses (IN2 Zone). This proposal also confirms use of land for infrastructure purposes (SP2 Zone) being Council water storage tanks and pump stations.

There is a local heritage item of significance adjoining the subject land being the Old Bega Hospital (Crown Land) currently zoned ‘RE2 Private Recreation’, which will remain unchanged.

Proposed Zoning and Adjoining Land

Whilst four (4) parcels adjoining the subject land have already been zoned IN1 General Industrial this was in effect a “retrospective” zoning to reflect the current industrial uses (bus depot, stockfeed warehouse and retail outlet). Whilst it was considered at the time a IN2 Light Industrial zone would be more appropriate due to the residential zoning of the land to the north, the land was zoned IN1 as the existing bus depot is a prohibited use in the IN2 zone.

It is further proposed the Height of Buildings Map permit a maximum height limit of 14 metres consistent with Council’s strategy for industrial lands.

The Bega Valley Shire Council's infrastructure land is proposed to be zoned Special Purpose 2 (Infrastructure). This land contains a pumping station and water infrastructure linked to the Bega aquifer supply to Yellow Pinch Dam pipeline.

A copy of the draft Planning Proposal is included as Attachment 1 to this report.

Conclusion

The expansion of industrial land at this location is appropriate and will assist in meeting the medium to longer term employment needs of Bega and surrounds.

Attachments

1. Planning Proposal South Bega as recommended by Staff

Recommendation

1. That Council resolves to zone the following land; Lots 1, 2, 3 DP 1077434, Lot 242 DP 750190, Lot 297 DP 728021, Lots 2381 & 2382 DP 873277, Lots 7005 & 7006 DP 1057325 Lot 2492 DP 732066, Lot 250 DP 750190, Lot 1 DP 502251 Newtown Road, Boundary Road & East Street, Bega in accordance with the Planning Proposal included as Attachment 1 to this report.

2. The Planning Proposal be lodged with the NSW Department of Planning and Environment for Gateway determination.

Council 8 June 2016

Item 8.5

8.5. Planning Proposal to rezone land at Sapphire Coast Drive, Wallagoot

This planning proposal recommends the rezoning of Lots 34 DP 875572, Lot 42 DP 815711 and Lot 85 DP 750194 Sapphire Coast Drive, Wallagoot to a combination of Environmental and Rural Landscape zones. The land is currently a ‘Deferred Matter’ under Bega Valley Local Environmental Plan (BVLEP) 2013.

Director Planning and Environment

Background

In Draft Bega Valley Local Environmental Plan (BVLEP) 2010, the subject land was proposed to be zoned a combination of E3 Environmental Management Zone (235.7 Hectares) and E4 Environmental Living Zone (109.9 Hectares) with a minimum lot size of 40 hectares and 2 hectares respectively. This would give a theoretical rural residential lot yield of 61 allotments, albeit without full consideration of environmental and other constraints.

A submission received on behalf of the landowner during the public exhibition of Draft BVLEP 2010 requested the configuration of the E3 Environmental Conservation Zone and E4 Environmental Living Zone be amended, plus a section of RU2 Rural Landscape Zone be included over the existing cleared farmland and operational quarry with a minimum lot size of 40 hectares.

The submission requested a combined theoretical lot yield in the RU2 and E3 zones of 7 lots (with a 40ha minimum lot size) and 60 lots in the E4 zone (with a 1ha minimum lot size). However the submission stated that 60 lots were not achievable in the E4 zone given the nature of the land, the constraints on achieving a practical design and the need to provide access, a sensitive environmental planning outcome would be 30 lots in the E4 zone.

On review of the submission, Council staff concur the proposed changes to the zoning pattern represent a significant improvement to the overall exhibited zones with the exception of a proposed small north eastern section of E4 zoning. This small section of E4 zoning has been relocated elsewhere on the property to retain the subdivision potential, on less environmentally sensitive land within the subject area (see below).

Staff has since been working closely with the Department of Planning and Environment (DPE) to finalise the matter. As part of discussions with DPE, Council was required to liaise with the Office of Environment and Heritage (OEH) due to the site’s proximity to Bournda Nature Reserve, biodiversity issues, and Aboriginal cultural heritage.

Council has consulted with OEH and it has provided qualified concurrence to the Planning Proposal, acknowledging that final development and lot yields could be reduced once more detailed reports are undertaken at subdivision/development stage.

The subject property is a deferred matter under BVLEP 2013 and is currently predominantly zoned 1(c) Rural Small Holdings under BVLEP 2002 (322.2 hectares) with a minimum lot size between 5,000m² - 10ha (subject to the provisions of the Rural Residential Development Control Plan). A small portion of the land (23.4 hectares) is zoned 1(a) Rural General with a minimum lot size of 120 hectares under BVLEP 2002.

Subject land

Planning Proposal

The key issue to highlight is the reduction in development intensity this Planning Proposal will provide. The following table demonstrates the impact of this planning proposal. It is important to note that under Council's BVLEP 2002 the property had 322ha of Rural Residential Zoning, with a minimum lot size of 5,000sq/m. Council has previously received, but not approved, Development Applications for over 120 rural residential lots on this site.

It is considered this proposal will result in an appropriate development density for this land.

This proposal provides the following key outcomes;

	As exhibited in Draft BVLEP 2010			As per this planning proposal
Zone	Area	Min. Lot Size	Potential Lot Yield	Area	Min. Lot Size	Potential Lot Yield
RU2 Rural Landscape	nil	-	-	85 ha	40 ha	2 lots
E3 Environmental Management	236 ha	40 ha	6 lots	200 ha	40 ha	5 lots
E4 Environmental Living	110 ha	2 ha	55 lots	61 ha	2 ha	30 lots
Total Lot yield (maximum)	61			37

· A net reduction in rural residential living lot yield (by approximately 100 when compared to BVLEP 2002)

· Protection of forested escarpment along the western section of the property

· Protection of the catchment of Wallagoot Lake

· Retention of the rural landscape and aesthetics along the Shire’s main tourist route

Staff has advised the consultant, acting on behalf of the owner, the draft planning proposal as lodged would be recommended to Council, except for the relocation of a section of the proposed E4 land.

Exhibited Zones (2010) Proposed Zones (2016)

Exhibited Lot Size (2010) Proposed Lot Size (2016)

A copy of the Planning Proposal is included as Appendix 1 to this report.

Conclusion

It is considered the proposed zonings and minimum lot sizes in the planning proposal, protects the environmental values of the land and the visual amenity of the landscape. The maximum lot yield of 37, by comparison to the exhibited lot yield of 61 and the BVLEP 2002 possible lot yield of 120 or more reflects the environmental values of the land and would ensure the largely rural nature of the landscape is retained.

Attachments

1. Planning Proposal Bornda Downs as recommended by Staff

2. Advice from Office of Environment & Heritage

Recommendation

1. That Council resolve to zone Lots 34 DP 875572, Lot 42 DP 815711 and Lot 85 DP 750194 Sapphire Coast Drive, Wallagoot in accordance with the Planning Proposal included as Attachment 1 to this report.

2. The Planning Proposal be lodged with the NSW Department of Planning and Environment for Gateway determination.

Council 8 June 2016

Item 9.1

9.1. Community Project Proposal - Lake Street Walk Proposal

Council deferred a decision regarding a Community Project Proposal for a path along Lake Street Merimbula pending further discussion with the proponents. These discussions have now taken place and the report provides a way forward for Council’s consideration.

Director Community, Relations and Leisure

Background

Community Project Proposals are submitted on a quarterly basis to Council for consideration and/or noting. The process provides the opportunity for community groups to formally raise proposals for improvements and/or new works on Council owned and/or managed sites and facilities.

Council at its Ordinary Meeting on 6 April 2016 considered a number of Community Project Proposals from community groups across the Shire. Officers sought in-principle support from Council to allow the proponents of the Lake Street Walk proposal to seek funding for design and assessment.

Council Resolved:

“6. That Council defer the Merimbula BOAT - Proposed Lake Street Walk and Eden ESSCI path and Curalo Common and ESSCI Curalo viewing platform for further investigation and workshop.”

BOAT is the Bureau of Accessible Tourism community group.

Issues

Strategic

Policy

Council’s Community Project Proposal Procedure was developed in 2015 to allow community organisations and groups the opportunity to formally submit proposals to Council for consideration, so that Council is able to manage community initiated and undertaken works on its land and facilities. This proposal from the BOAT complies with this procedure.

This proposal is not included in any currently adopted Council strategies.

Operational Plan

An accessible place

“A2 - Facilities and services: Our infrastructure, facilities and services are strategically planned, located, designed and maintained to meet our local and visiting community needs.”

Environmental / Sustainability

Environmental assessment of the proposal will be required due to the location of the proposed path.

Asset

If constructed, the asset would become part of Council’s asset management planning processes including maintenance and long term renewal and/or upgrade.

Social / Cultural

An Aboriginal cultural heritage assessment would be required due to the location of the proposed path.

Consultation

Officers met with representatives of BOAT to progress the proposal on 29 April 2016. BOAT representatives advised the group is not an incorporated body and is not keen to become one; rather they would prefer to focus their energies on raising funds and championing the proposal. At the meeting it was proposed Council act as holder of any funds raised, should the group be able to attract grants to progress the project. It was agreed that officers would provide BOAT with advice and direction regarding the types of requirements / assessments a project of this nature would require.

BOAT have undertaken initial consultation with the community and received positive feedback. If the project proceeds, a formal community engagement and consultation plan would need to be developed so that those directly impacted by the proposal are engaged.

There are a number of authorities and organisations that would also need to be engaged including but not limited to: the Office of Environment and Heritage; Roads and Maritime Service; and Local Aboriginal Lands Council.

Financial and Resources

The proposal to build a path from Rotary Park to the Merimbula Wharf represents a major project in terms of engineering and cost. There are many costs before a single metre of path can be laid including: assessments; studies; approvals; concept plans; detailed plans; and then the actual construction costs.

No funds have been allocated by Council towards this project and BOAT is not asking Council for funds at this stage. They are seeking support to allow them to apply for funding from other levels of government. Council needs to be mindful any allocation by government to this project, may limit opportunities for other Council projects or priorities.

If BOAT was successful in attracting funds that were then held by Council, it is Council that would ultimately be responsible for the funds use and acquittal and in affect be accepting the project as a Council project.

BOAT representatives have advised that the Merimbula Special Events have at least $50k that could be allocated to the Lake Street Walk proposal and they are keen to help with fundraising toward the project.

A project of this size will need human resources to manage and oversee. No officer time has been allocated at this point other than some preliminary information to support the Community Project Proposal submission and has been managed within existing resources. If the project were to proceed, human resources would need to be allocated alongside other construction and project related tasks and may require additional staffing resources.

Conclusion

Community Project Proposals allow the community to formally submit ideas to Council about making improvements or adding to Council’s infrastructure. Significant work is undertaken by volunteers in our community and this process gives all parties certainty in undertaking works.

A path along Lake Street is a significant but possible project, given the right planning and level of funding. The proposal from BOAT is the first step in realising their aspiration.

Attachments

1 . Bureau of Accessible Tourism (BOAT) - Community Project Proposal (Councillor Only) (Confidential)

Recommendation

1. That Council note the report.

2. That Council provide in-principle support to the proposal from the Bureau of Accessible Tourism (BOAT) for the construction of a path, suitable for walking and cycling, along Lake Street Merimbula from Rotary Park to the Merimbula Wharf on the basis that it does not create a cost impost on Council.

3. That Council provide BOAT with a letter of support for the proposal from the Mayor and that officers provide a list of potential requirements to undertake such a project.

4. That Council agree to hold funds for the project should BOAT secure grants or other funding towards the project.

Council 8 June 2016

Item 9.2

9.2. Pambula Regional Sporting Complex Master Plan

Council considered the Regional Sporting Complex Master Plans on 6 April 2016. Council formally adopted the Bega Sporting Complex Master Plan and deferred the Pambula Sporting Complex Master Plan pending further discussion with stakeholders.

Director Community, Relations and Leisure

Background

At the Ordinary Meeting of Council on 6 April 2016, Council considered the Report 9.5 Regional Sporting Complex Master Plans. Council resolved:

‘That the matters regarding Pambula Sporting Complex be deferred for further report to Council following assessment by staff of the information heard today and other items raised by Councillors for further report to Council.’

In response to the Resolution, staff assembled a summary table of issues raised in the submissions made at the Council meeting, relevant comments and feed-back received from the consultant ROSS Planning along with comments from Council officers.

User groups and other stakeholders were invited to an onsite meeting which was held on 16 May 2016. The summary table was distributed to those invited on the Friday prior to the meeting. That summary table including some other items raised at the meeting and a further suggestion made by Pambula Rugby League after the meeting is attached to this report.

Issues

Legal

The land area of Pambula Sports Complex is on Council managed Crown Land.

Strategic

A Master Plan identifies the current and future needs of the community and guides the creation of sporting and recreational facilities to cater for those needs. Importantly the planning process also identifies opportunities that will add value to a site and allow for increased recreation opportunities and participation by taking a ‘multi-purpose’ approach, where future improvements provide good value to the broader community and are fully utilised.

Policy

The use of facilities will relate to several Council Policies including the use of public land procedure, bookings and use of sportsgrounds and the effective implementation of the Facility Management Plans for the site.

Operational Plan

The delivery of the Regional Sporting Facilities Master Plans for both Bega Sporting Complex and Pambula Sorting Complex links to the following ambitions and outcomes identified in the Bega Valley Community Strategic Plan 2030:

Community Ambition A2: Facilities and services: Our facilities and services are strategically planned, designed and maintained to meet the community needs.

Outcome Area A2.3: Safe and well maintained sporting fields, recreation areas and built facilities meet the cultural, recreational, tourism and community service needs of all ages and abilities in our community.

The completion of the project is identified within action A23.2.1 in the BVSC Operational Plan 2015 – 2016.

Environmental / Sustainability

Major projects and works identified will each require a Review of Environmental Factors to be completed in the development of those specific projects.

The potential for reuse of grey-water to irrigate all fields could provide significant environmental and sustainability benefits.

Asset

The Pambula Sports Complex is identified as regional sportsgrounds in Council’s Parks and Recreation Asset Management Plan.

Draft Facility Management Plans have been developed in consultation with representatives of the sportsground committees for each site. Facility Management Plans direct and guide the operations and management of the facilities.

Social / Cultural

Pambula Sporting Complex hosts regular sports matches for local teams throughout the year for a variety of sports. In addition the complex also hosts other facilities and events including: regional pre-season events; popular skate park; indoor facilities that are available to community groups; community events and festivals; and have association with the local schools. When combined, these uses see the facility serve an important community and social functions.

The Master Plan looks to plan the site to provide multi-purpose facilities to meet the needs of the community into the future.

Consultation

Consultation for the development of the draft Master Plans was an essential aspect of the master planning project and included:

· Councillor workshops (2);

· Community workshops (5) (over 80 attendees in total);

· Online surveys (397 responses);

· Various user/club/stakeholder interviews;

· Various sporting association interviews; and

· Public exhibition of the draft documents for two months.

Project awareness was also promoted through press releases, local newspapers, sportsground committees, social media and local radio. Reminders were issued by press release and over the radio in mid-January to make submissions.

In response to the 6 April 2016 Council Resolution, user groups and other stakeholders were invited to an onsite meeting held on Monday 16 May 2016 at Pambula. Staff also assembled a summary table of issues raised in the submissions made at the 6 April 2016 Council meeting. The table included comments and responses received from the consultant ROSS Planning and comments from Council staff. The summary table was distributed to those invited on the Friday prior to the meeting. That summary table including items raised at the meeting and a further suggestion made by Pambula Rugby League after the meeting is attached to this report. It included a summary of agreed outcomes discussed at the meeting.

Financial and Resources

The Regional Sporting Facilities Master Planning Project is being funded through the Leisure and Recreation area budget.

The Master Plan documents identify and prioritise significant projects which will require funding and resourcing into the future. Formally consulted and adopted, the Master Plan will put Council and the community in a good position to plan how the projects will be resourced and to apply for external funding as opportunities arise.

Conclusion

The final draft of Regional Sporting Facility Master Plan for Pambula Sporting Complex has been completed and amendments made considering comments and submissions received during the exhibition period, at the Council meeting on 6 April 2016 and at the recent on-site stakeholder meeting.

The final Pambula Sporting Complex Master Plan document is being reported to Council for adoption.

Attachments

1. Pambula Regional Sporting Complex Master Plan

2. Pambula Sporting Complex Master Plan - Submission, Comments, Outcome Table - Cl Report attachment

Recommendation

1. That Council note the report.

2. That Council adopt the Regional Sporting Complex Master Plan for Pambula Sporting Complex.

3. That users and stakeholders be notified and thanked for their interest and input into the process.

Council 8 June 2016

Item 10.2

10.2. Funding Announcement - Merimbula Regional Airport

On Monday May 23, 2016 Prime Minister Turnbull and NSW Premier Baird joined local Federal and State Members in announcing a combined $5.6m in government funding towards the upgrade of the Merimbula Regional Airport.

Director Strategy and Business Services

Background

During the course of the 2016 financial year, Council resolved to submit applications to the NSW State Governments Restart NSW Regional Tourism (Regional Airports) funding program and the Federal Governments National Stronger Regions Fund program to support the Council upgrade plans for the Merimbula Regional Airport. The applications were submitted and represented upgrade projects contained within the Merimbula Regional Airport Masterplan and allow Council to progress its plans to provide a consistent and effective passenger air service to and from the capital cities and Merimbula.

The first stage of the Restart NSW Regional Tourism (Regional Airports) was announced in December 2015 with $971,678 announced to support emergency upgrades and water provision to the site.

The following applications relate to the announcements on 23 May:

Funding Program	Project	Value $
Restart NSW Regional Tourism (Regional Airports	Implement Airside infrastructure upgrades including the extension of the runway 200m to the North, sealing the RESA of approx. 90m to the South as well as a number of aircraft taxiing safety compliance items.	$4.4m
National Stronger Regions Fund	Renew and expand the Airport Terminal to provide the required baggage handling and passenger security for the regular passenger transport services for heavier aircraft and to provide for better customer facilities to meet future growth forecasts, and to provide formalisation of the carparking on the east side of Arthur Kaine Drive.	$1.2m

Under the National Stronger Regions Fund, Council is expected to contribute an equal value against the Federal investment. Council has included a provision of $1.2m for this project in its 2017 Operating Budget currently on exhibition.

Council has been advised that both funding programs are budgeted for in the respective government budgets and constitute funding commitments not election promises in the case of the upcoming Federal election.

Council is now scheduling meetings with the relevant government departments to commence the scoping works required to finalise the required funding contracts and to formalise project timelines, milestones and payment scheduling.

Issues

Legal

Funding contracts will be drawn up based on negotiations around milestones and deadlines between Bega Valley Shire Council and the respective government departments.

Strategic

Council’s applications to the funding programs consisted of over 600 pages of independently verified analysis considering a number of reasons why our region has not achieved the growth that has been forecast previously and why a capital investment would eliminate some of the obstacles to achieving this growth. The 2013 Masterplan for the airport was prepared in 2012 and there has been significant variation to the operating environment since that time. Most significantly the reality of the cruise ship visitation has been growing and the development of the Canberra Airport has exceeded planning timelines. Both these projects provide significant opportunities for the Merimbula Regional Airport which were not factored into work done in 2012. The commencement of operations of Free Spirit Airlines was also not featured in the original plan.

Council’s submission illustrated that as a region, the Bega Valley receives a far less percentage of its visitors in terms of inbound traffic via air than nearly all comparative regional coastal centres with access to a regional airport. A number of factors have been identified that contribute to this result, one of the main contributors being lack of suitable infrastructure to attract interest from a majority of passenger air service carriers.

Due to the regions visitor profile being somewhat unique in NSW, in that the region attracts most of its visitors from Victoria and the ACT, Council proposed that if the inbound air service demand shifted towards the average profile then in turn the resulting increase in visitor numbers would correlate to a different type of visitor for NSW, possibly one that would not otherwise have come to the State. A major factor in determining support through the Restart NSW funding program was that the project had to attract new visitors to the NSW economy rather than recycling existing visitors.

Council also undertook extensive research into the outbound service demand for residents who wanted to use local Air Services but did not, for whatever reason. Once again, the research demonstrated that a significant portion of the population would like to use a local service if certain obstacles were removed. Similar to the inbound findings, a number of factors had been identified that contributed to this result, one of the main contributors being lack of suitable infrastructure to attract interest from a majority of passenger air services carriers.

Council will now update the Merimbula Regional Airport Masterplan, incorporating this analysis and the associated findings to produce updated plans and growth projections. It is expected that a majority of this research will be made public through this process.

Operational Plan

Council’s Community Strategic Plan and associated documents show the importance of the Airport to the community’s long term future.

The Merimbula Regional Airport is mentioned as a key strategic priority in the following plans:

· Regional Development Australia Far South Coast Strategic Regional Plan

· Australia’s Coastal Wilderness Destination Management Plan

· South Coast Regional Strategy

· NSW South East Regional Action Plan

· South Coast Regional Tourism Organisation Destination Management Plan

· NSW Strategic Transport Plan

· NSW South East Transport Plan

· Canberra Airport Masterplan

· Sapphire Coast Destination Management Plan

Council has looked to strengthen the commitment with significant investment over the past three years and now the State and Federal Governments have recognised Council’s views and have supported the community’s ambitions relating to the Airport.

Environmental / Sustainability

For clarity, the runway extension to the North falls within the existing airport parcel and does not require any reclamation of Merimbula Lake.

The sealing of the RESA to the South is simply sealing existing gravel surfaces and requires no additional surface footprint.

Council hopes to incorporate a sustainable design into the improved air terminal to minimise operational impacts on the environment.

Financial and Resources

As indicated, the funding profile for this project is as follows:

Level of Government	Value $
Local Government	$1.2m
State Government Phase 1 State Government Phase 2	$971,168 $4,391,040
Federal Government	$1.2m
	$7,762,208

All funding commitments have been budgeted for and provided in the 2017 financial year.

Conclusion

Council welcomes the commitment and investment made by the State and Federal Governments and the ongoing support from the local community in pursuing growth opportunities for the region. Council is of the view that the analysis undertaken demonstrates the potential for passenger air services to provide a significant input into the local economy and over time will reinforce the region as a destination of choice for visitors, while at the same time allowing for affordable and convenient outbound travel for our residents to the regions surrounding capital cities.

Attachments

Nil

Recommendation

1. That Council note the funding commitments from the State and Federal Governments.

2. That Council activate the $1.2m budget provision in the 2017 Operating Budget.

3. That Council resolve to update the Merimbula Regional Airport Masterplan with the latest research and analysis, considering the altered forecasts surrounding this project and report back to Council for adoption.

4. That Council authorise the General Manager to execute any necessary documents relating to the acceptance and governance of the relevant funding commitments from the State and Federal Government.

Council 8 June 2016

Item 10.3

10.3. Economic Development Update

A quarterly update on progress made against Council's adopted Economic Development Strategy.

Director Strategy and Business Services

Background

The Bega Valley Shire Council Economic Development Strategy 2016 to 2021 was adopted by Council in August 2015. At that time Council agreed the focus would be on a manageable number of actions that are achievable and which provide significant benefits to the Community, both tangible and measurable.

This update presents actions as undertaken since the adoption of the Economic Development Strategy, considering the staffing resources were not in place until November 2015. This report is prepared against a reporting period of the first calendar year quarter 2016.

The Economic Development Strategy is structured around five (5) key outcomes that will improve the economic wellbeing of the region:

· Business Support

· Infrastructure and Technology

· Connections

· Education and Skills

· Visitation.

Council's Integrated Planning and Reporting (IPR) Framework articulates the roles Council can play through various activities. It is important Council understands its role as well as making sure the stakeholders to that particular activity understand Councils role.

The roles Council can undertake within the Economic Development Strategy are:

· Advocating: Passively providing support for that activity if and when the opportunity arises

· Facilitating: Bringing Stakeholders and Interested parties together to achieve an outcome

· Supporting: Providing material assistance with the activity while not being directly responsible for the activity; and

· Delivering: Being primarily responsible for the activity and outcome.

All of the activities undertaken through the Economic Development service of Council have first been assessed against the Economic Development Strategy to ensure the outcomes being sought align with the goals set by Council.

These activities are undertaken by many Officers of Council and are supported by many members of the Community. Internally, Council has one (1) Economic Development Manager who co-ordinates the Economic Development service. That Manager is ably assisted primarily through the Place Based Officer (PBO's) positions in Council. The PBO’s assist in the local small business activities and help ensure the voice of each community is heard and considered in any major decision.

The following updates provide context and progress against the activities being undertaken by the Economic Development service and the associated connections to the Economic Development Strategy.

Headline Projects

Four (4) of Council’s current Headline projects continue to feature as day to day responsibilities of the Strategy and Business Services Group with management, oversight and actions being attended to by Economic Development staff. A brief synopsis and status of each project is as follows:

1. Hotel Australasia (142-144 Imlay Street Eden):

Council Resolved to undertake due diligence on the acquisition and heritage restoration of the former Hotel Australasia site in Eden. Economic Development staff held responsibility for this analysis. Works included: the commissioning and finalisation of a detailed restoration report prepared by Council’s heritage advisor; architectural drawings and cost estimates for proposed demolition and areas of restoration; architectural drawings for proposed lettable areas on a commercial basis; and ongoing updates to and liaison with community groups. Following Council’s decision to purchase the property, a consultant to oversee and guide the Development Application requirements has been appointed, the community group has been consulted with and several tasks agreed and engagement protocols finalised, along with an Expression of Interest seeking Community support assisting in the restoration of the site nearing completion for public release.

2. Bega Valley Regional Learning Centre (14 Cabarita Place Merimbula):

Council purchased the former Auswide Building in Merimbula. It is now known as the Bega Valley Regional Learning Centre and is being used by TAFE and other Registered Training Organisations as a venue that hosts training for accredited courses. In addition it is being used by a number of organisations as a temporary/part time office facility. A couple of major permanent tenants have finalised lease agreements and are awaiting both or either Development Application approvals and/or structural fit out to move into the facility. A number of necessary and purpose driven improvements have been made to the building and asset management services, in line with those in place at other Council owned facilities, are operating. A Library Portal has been operating on a three (3) day per week basis since late last year.

3 Main St Merimbula Land Sale (Lot 946 and Lot 949 Main Street Merimbula):

Council offered for sale through a formal Tender process, the two (2) Lots as one parcel. A prospectus and package of all relevant material was developed to serve the normal requirements of a land sale but also to assist the marketing of a prominent and valuable land asset of Council. Although no qualified submissions were received, Council policy now enables direct negotiation to take place. Council has been updated under separate cover of progress regarding these Lots.

4. Gateway Signage:

In accordance with Council’s approved position to implement a Shire wide signage plan, progress has been made. Sapphire Coast Tourism was contracted to oversee the development of a style and specification guide to practically support the plan to upgrade all gateway, town, village and ultimately, locality signage across the Shire. The initial phase of the works is to install gateway signage at the entry points to the Bega Valley Shire : South of Eden; North of Cobargo; and West of Bemboka. Based on information and findings from an earlier signage consultation process (conducted by Sapphire Coast Tourism), a heritage style and design was proposed by local artist Mr Dirk Rampling. Mr Rampling prepared three (3) prototype models that Councillors agreed to and resolved to adopt. A Request for Tender (RFT) was released to the market for the design, construction and installation of the three (3) gateways signs/structures on 17 May.

5. Bega Valley Economic Summit:

Planning is advanced for the inaugural Bega Valley Economic Summit to be held at the Bega Valley Commemorative Civic Centre on 28 and 29 July. The theme for the Summit is “Our Region, Our Opportunities”. The Summit intends to bring business, industry, community and government leaders together to hear presentations on topical opportunities for our economy.

In relation to other activities currently underway, the following table sets out the activities, their progress and the links to the Economic Development Strategy.

Priority Area	Activity
Business Support · Town based needs analysis for business support and improvement workshops · Increase and improve presence at strategically targeted trade and community events to raise the profile of the regional economy · Explore the establishment of a regional “food and produce” brand	Relationship established with Southern Region Business Enterprise Centre who: (a) provide support and advice on an individual basis to businesses seeking advice or support; and (b) training and workshops.
	Attend and contribute to monthly Bega Business Forums including organising presenters.
	Meet as needed with town based Chambers of Commerce and communication established with Presidents/Chairs.
	Agreement in principle reached for the commencement of a local micro-credit program administered by Canberra based Lighthouse Innovation.
	Coordinated review of current and potential freight as part of readiness for Canberra international flights.
Infrastructure and Technology · Establish a co working space in the Bega Valley Regional Learning Centre · Build dialogue with dairy industry leaders re the establishment of a centre of excellence hallmarked by innovation · Develop the resources needed to support the region as a perfect “work from anywhere” location · Finalise gateway signage program	Represent Council on the Port of Eden Community Liaison Group
	Present Council’s position as part of NSW Government gateway review process of the Port of Eden project
	Submit grant applications to the NSW and Australian Governments for upgrades to Merimbula Airport
	Supported funding submission and activities held as part of the Regional Innovation week
Connections Bega Valley Economic Summit 2017	Comprehensive networking and relationship building with business; industry; education; health; community and government including but not limited to: Business NSW Destination NSW AusIndustry Visit Canberra Eurobodalla Shire Council Industry Skills Fund.
Education and Skills · Continue efforts to establish iAccelerate presence in the Bega Valley · Activate the local Gateway working group – extend involvement to include Aged Care facilities and high schools	Relationships and engagement protocols established with University of Wollongong, Illawarra TAFE and targeted registered training organisations
	Established foundations for the DPC gateway program that seeks to connection education and training providers with community sector employer groups with an eye to future needs
	Advocated the University of Wollongong establishing an iAccelerate presence in the Bega Valley Regional Learning Centre
Visitation · Oversee the actions and recommendations of the Rand Report · Support SCT to meet its priorities and goals · Explore avenues to build a business case for increased flight services to Merimbula and for the attraction of new hotel investment to the Shire	Conduct Tourism Review and subsequent discussions with the consulting author Jenny Rand
	Established primary regional relationship with Canberra Airport and ACT Government resulting in benefits and actions
	Initiated and confirmed joint working relationship under terms of MOU with Eurobodalla Shire on international readiness

Issues

Financial and Resources

While certain Headline projects have required additional capital funding to be sourced, the operational budget of Economic Development remains healthy and within forecasts.

Conclusion

Council staff are aware services like Economic Development can appear to be slow moving with many activities happening “below the surface”. It is important for Council and the community to be cognisant of the work being done across all levels of the local economy to assist and ensure a robust stable economy into the future.

Attachments

Nil

Recommendation

That Council note the report.

Council 8 June 2016

Item 11.1

11.1. North Bega Sewerage Pumping Station and Rising Main Proposal for Detailed Design

This report recommends engagement of design consultants for the proposed North Bega Sewage Pumping Station and Rising Main.

Director Transport and Utilities

Background

North Bega does not enjoy the benefits of reticulated sewerage services at present. A new sewage pumping station (SPS) and rising main is proposed to enable transfer of sewage from North Bega to the Bega Sewage Treatment Plant (STP). The proposed system will initially service Bega Cheese, with follow on works to enable connection of other properties in future.

NSW Public Works prepared a Concept Report (November 2014) for Council, setting out the proposal for a new SPS and rising main to Bega STP.

NSW Water Solutions section of NSW Public Works have submitted a priced proposal dated 29 April 2016 to carry out detailed design, including preparation of drawings and specifications suitable for Tender and follow on construction works.

NSW Water Solutions are currently working (and have worked in the past) for Council on other water and sewer projects and have the resources, expertise and experience to meet Council’s requirements for the project.

Issues

Legal

Single sourcing from the Crown is permissible and complies with the Local Government Act 1993 Chapter 6, Part 3, Division 1, Section 55, Clause 3(b).

Strategic

The new SPS and rising main will initially eliminate the load on the two existing Bega Cheese sewage treatment plants. In the longer term, the new facilities will enable the balance of the North Bega area to benefit from reticulated sewerage services.

Economic

The lack of municipal reticulated sewerage services are a constraint to development and growth in North Bega. The new assets will eliminate this constraint.

Operational Plan

The proposed works are outside those originally planned for North Bega. However, an immediate need by Bega Cheese, together with substantial subsidy funding has enabled the project to proceed.

Environmental / Sustainability

Concurrent with the detailed design, a formal Review of Environmental Factors (REF) will be carried out. In the long term, elimination of on-site sewage treatment systems will enhance environmental outcomes in the area and reduce current unacceptable risks to Council drinking water supplies.

Asset

The new assets will be incorporated into Council's Asset Management Plan. Once commissioned the assets will be owned and operated by Council.

Consultation

Close liaison with Bega Cheese has occurred to develop the project.

Direct correspondence to affected landowners and residents will occur throughout the project.

Financial and Resources

Council submitted a National Stronger Regions Fund (NSRF) application for the project and were granted $990,000.

Bega Cheese will provide $956,000 in Section 64 contributions for the project.

Council will provide $384,000 for the project from the new works reserve.

The engagement of NSW Water Solutions will enable the design phase to commence.

The NSW Water Solutions fee proposal includes allowance for all design activities including geotechnical investigations, civil, mechanical, pressure system, power and electrical. The fees are forecast to be less than 10% of the total project cost and this is considered reasonable.

Funding source

Amount

Bega Cheese

NSRF grant

BVSC Sewer Fund (New Works Reserve)

956,000

990,000

384,000

Conclusion

This Report recommends award of the detail design consultancy to NSW Public Works (NSW Water Solutions) in accordance with the details presented to Councillors in the Confidential Memorandum attached.

Attachments

1. Confidential attachment to report - north bega sewerage pumping station and rising main proposal for detailed design (Councillor Only) (Confidential)

Recommendation

1. That Council accept the recommendations as outlined in the Confidential Memorandum attached to this report.

2. That Council accept the proposal from NSW Public Works (NSW Water Solutions) in relation to the detailed design of a new sewage pumping station (SPS) at North Bega and associated rising main in the amount of $<insert> (including GST), subject to variations and provisional items.

3. That authority is delegated to the General Manager to execute all necessary documentation.

Council 8 June 2016

Item 11.2

11.2. Central Waste Facility: Preservation of vegetation buffer

A report was presented to Council on 4 November 2015 detailing various matters raised at a meeting of the Central Waste Facility (CWF) Community Consultation Committee. One of those items was the requirement to preserve a vegetation buffer between the CWF and the Wanatta Lane/Greendale Lane rural/residential precinct.

This report seeks formal approval to execute documentation to complete that action.

Director Transport and Utilities

Background

Council established a Central Waste Facility Community Consultation Committee (CWFCCC) in accordance with the recommendation of the Southern Joint Regional Planning Panel (JRPP).

The Terms of Reference of the CWFCCC are to provide a forum for information exchange and consultation regarding the operation of the CWF. Three issues were identified at a meeting of the CWFCCC in late 2015, which required formal direction from Council in order to resolve the issues. One of those issues was the requirement to establish a legal protective covenant over a portion of native vegetation (woodland) within the CWF site as a buffer between the CWF and the Wanatta Lane/Greendale Lane rural/residential precinct, to preserve the environmental and amenity benefit that the woodland provides.

Issues

Legal

Council Resolved on 4 November 2015 “that a Section 88B instrument be created with the objective of further protecting the woodland area of the site” however consultation with Council’s legal representatives since that time has indicated the most effective mechanism to provide such an assurance would be by way of registration of a Restriction on the Use of Land under Section 88D of the Conveyancing Act 1919 (the Act).

The legal advice states:

Section 88D deals with the regulation of land held by a prescribed authority and provides that a prescribed authority may, by an order that:

(a) The carrying out of development on or with respect to the land, within the meaning of the Environmental Planning and Assessment Act 1979,

(b) The provision of services on or to the land or other land in its vicinity, or

(c) The maintenance, repair or insurance of any structure or work on the land, or imposes any term or condition with respect to the performance of or failure to perform any such obligation.

Council’s obligation to preserve the woodland for the benefit of the neighbours does not appear to fit within the definition of a ‘public positive covenant’ under the Conveyancing Act 1919. Further, it does not appear it can be dealt with by way of a general positive covenant.

Having reviewed the various options available, it is our recommendation that Council proceed with a restriction on use of land. This could be achieved either by:

1. Registration of a standard form of restriction – this would require identifying the lots benefiting from the restriction; or

2. Registration of a restriction on the use of land vested in prescribed authority.

If it is impractical to identify the lots benefiting from the restriction, we recommend you proceed with registration of a restriction on the use of land vested in prescribed authority. The terms of the restriction should be set out in a Council ‘Order’ which will be attached to the appropriate form.

A draft of the proposed ‘Order’ is attached to this report, along with a copy of the Restriction documentation.

Under Section 88D(11) of the Act, Council may rescind or revoke the restriction by further ‘Order’.

Consultation

This matter has been the subject of significant consultation with the local community via the CWFCCC.

Financial and Resources

The costs associated with planning, survey, legal advice and staff time are of the order of $10,000 and these costs have been accommodated within existing budget allocations.

Conclusion

Council approval is sought to formally adopt the proposed course of action in order to comply with the request received from the CWFCCC to protect the vegetation buffer between the CWF and the Wanatta Lane/Greendale Lane rural/residential precinct.

Attachments

1. Council Report of 4 November 2015

2. Restriction on the use of land vested in prescribed authority

3. Proposed Order

4 . Diagram of Conservation Area

Recommendation

1. That the proposed ‘Order’ and restriction on the use of land vested in prescribed authority pertaining to Lot 402 DP 1191314 at Wolumla (Central Waste Facility site) as presented to Council on 8 June 2016, be executed by the General Manager and/or Mayor and registered with Land and Property Information.

Council 8 June 2016

Item 12.1

12.1. Licence Agreement to Bermagui Big Game Anglers Club

The licence agreement for the Bermagui Big Game Anglers Club to occupy a radio room located on Crown land managed by the Zane Grey and Dickenson Park (R83225) Reserve Trust is due for renewal.

Director Strategy and Business Services

Background

The Bermagui Big Game Anglers Club (the Club) occupy a section of land in the Bermagui harbour which is located on Crown land managed by the Zane Grey and Dickenson Park (R83225) Reserve Trust, the affairs of which are managed by the Bega Valley Shire Council.

The occupation has been formalised via a 5 year licence agreement which is due to expire on 30 June 2016. The purpose of the radio room which is owned by the Club is to assist with safety at sea, as well as a fish weighing station and equipment storage facility for the Club.

The Club also have a separate Permissive Occupancy agreement directly with Crown Lands for the occupation of the Reserve, below mean high water mark for a pontoon and walkway.

AREA TO BE LICENSED BY THE BERMAGUI BIG GAME ANGLERS CLUB

Issues

Direct Dealing Considerations

As the proposed licence agreement is to be granted to a not-for-profit community sporting group and does not exceed five years in duration, the proposal will not require advertising.

In accordance with the requirements of the Crown Lands Act (the Act), Council must obtain the Minister’s Consent to enter into any new licence over Reserve Trust Land.

Crown Lands have advised that in order to maintain transparency and avoid any suggestion of impropriety, Council needs to ensure that entering into direct negotiations with the current operator was appropriate in this instance.

For the following reasons, Council consider direct negotiations the appropriate course of action:

· To comply with the reserve purpose any occupation needs to be for public recreational purposes only. As a community sporting group the Club comply with the reserve purpose;

· The Club is locally based, stand alone and not-for-profit, It has a voluntary management committee comprising of local representatives;

· The Club provides an important service for the local community;

· The radio room was built from money raised by the Club;

· A current market rental assessment was commissioned by Council in May 2016 and provides a current market rental of $3,000 per annum. The cost involved in carrying out a market testing/public competition process is greater than the rental achievable once the rebate is applied;

· Council Property staff is required to complete Pecuniary Interest returns annually and no conflict of interest has been disclosed.

Strategic

Under the Act, a community service, sporting or recreational organisation:

(i) that is the holder of an authority under the Charitable Fundraising Act 1991, or

(ii) that is incorporated under the Associations Incorporation Act 1984, or

(iii) that the Minister is satisfied is a non‐profit organisation, whose holding is used as a help or service facility of benefit to the general community or as an active sporting, passive recreational or youth advancement facility of general benefit to a local community.

The Club may be eligible to receive a rebate of up to 50% of market rent. The Club is considered a Category 2 (single interest sporting group) under this policy and is therefore entitled to a 50% rebate off current market rental value.

Asset

The market rental assessment which was commissioned by Council in 2016 for the portion of land occupied by the Club indicated a rental figure in the order of $3,000 per annum could be achieved if it were to be leased on a commercial basis. The Club have been the only occupants of the site and financed the construction of the building. The market rental assessment therefore was conducted on the basis of the land value of the licensed area only.

Due to limitations of the Crown Reservation, being for public recreational purposes only, it is recommended a further 5 year licence be entered into with the Club for their continued occupation of the site.

Consultation

The Club have been consulted regarding their future tenure and have indicated they wish to enter into a further 5 year licence for their continued occupation of the site.

Financial and Resources

Crown Lands Rebate Policy for Crown Land Tenures notes sporting organisations as Category 2 (single interest sporting group) and eligible for a 50% rebate off market rent which will mean an annual rental fee of $1,500. All annual licence fees collected enable further maintenance to be carried out on the reserve by the Trust.

Staff time has been required to consult with the licensee and Crown Lands regarding the requirement for a new licence agreement. Further liaison with Crown Lands will also be required to arrange execution of a new agreement and endorsement of Minister’s Consent. Ongoing management of the licence agreement during its term will also require staff resources as required.

Conclusion

The Zane Grey and Dickenson Park Reserve (R83225) have been occupied by the Club for many years. The Club are responsible for the on-going maintenance to the radio room and contribute to the upkeep of the reserve. It is for this reason staff recommend to continue with the status quo for a further period of 5 years.

Attachments

Nil

Recommendation

1. That Council, as Reserve Trust Manager of The Zane Grey and Dickenson Park (R83225) Reserve, resolve to enter into a further 5 year licence agreement with the Bermagui Big Game Anglers Club for the occupation of the radio room located on Crown Reserve 83225 at Bermagui at the annual rental fee of $1,500 per annum.

2. That authority be given to the Mayor and General Manager to execute the licence agreement.

3. That in accordance with the requirements of the Crown Lands Act, Council obtains the Minister’s formal Consent to enter into the licence agreement.

Council 8 June 2016

Item 13.1

13.1. 2017 Operating Budget: Contractors and Consultants

At the Council meeting of May 18, 2016 Council resolved that a report be prepared for Council with detailed analysis of the commitments contained within the 2017 Operating Budget pertaining to Contractors and Consultants.

Director Strategy and Business Services

Background

Under report item 13.1 Public Exhibition - draft operational plan, draft budget, draft fees and charges, Council resolved “That Councillors receive a report on consultancy and contract positions in the Draft Budget for consideration at the 8 June, 2016 meeting”.

Council’s draft operating budget contains commitments under the contracts classification to the value of $39,470,236. This value includes expenditure commitments on all Council funds including Water, Waste, Sewer, General, & Plant. This vote represents 43% of the overall expenditure commitment for the 2017 financial year.

Contracts are defined in Bega Valley Shire Council’s financial system as any expenditure incurred in the service of providing an outcome, whereby that outcome has been outsourced to a third party. For example, Council hires a cleaner to maintain its Administration building. This arrangement is via a contract. If Council were to use staff to clean the building and it purchased cleaning products that would not constitute a contract but would be classified as materials.

Council’s finance team record transactions against the classification of expenditure and in the case of the Contract classification a number of sub-classifications are maintained and recorded against.

Sub-Classification	General Fund	Waste Fund	Plant Fund	Water Fund	Sewer Fund
Audit Services	$123,000	$0	$0	$0	$0
Consultants	$1,341,650	$250,000	$0	$25,000	$102,000
Contractors	$10,794,941	$5,882,445	$3,497,500	$5,143,000	$11,391,000
Legal Costs	$513,000	$26,200	$0	$20,000	$20,000
Rent	$25,500	$5,000	$0	$0	$0
Operating Leases	$310,000	$0	$0	$0	$0
	$13,108,091	$6,163,645	$3,497,500	$5,188,000	$11,513,000

The two sub-classifications highlighted by Councillors for a detailed report were Consultants and Contractors.

The definition of a consultant for the purposes of financial reporting is a third party providing advice or expertise that is not readily available within the organisation. The definition of a contractor however, is a third party providing a service or project in lieu of the organisation’s resources. For example, Council hires a design expert to provide detailed designs for a specific type of bridge. This constitutes a consulting engagement, as Council does not possess this expertise in house. Council hiring a company to construct the bridge would constitute a contractor engagement as Council could undertake the projects itself, but elects to outsource instead.

It is a reasonable correlation to draw that a contractor resource and an employed resource are the opposite ends of the resource spectrum. To put it in lay terms, consider a sliding scale. The more staff resources on the scale, the less contractor expenditure required. The more contractor expenditure, the less staffing resources required. Most construction entities try to maintain a reasonable balance between the two to ensure a flexible and efficient use of resources and expertise. Council aims for a 60%/40% split between staff and contractors.

Consultants:

There are 63 consultancies included in the 2017 Operating Budget with a total value of $1,718,650.

The top 10% valued consultancies equate to $870,000 being 51% of the total vote. The average consultancy being $26,854 and the median being $15,000. As illustrated, the consultancies tend to be high volume small value transactions that are generally used to seed a larger piece of work which is then either undertaken by staff or contracted out to a third party.

The top 6 (10%) consultancies are listed below:

Service	Consultancy	Value $	Description
Waste Services	Provisional Allocation	$250,000	An allocation made as an estimate of potential works linked to the continuation of Transfer Station projects and the continuation of the Central Waste Facility project.
Environment Services	Coastal Estuary Grants Scheme*	$250,000	Funding Community driven initiatives on Coastal Estuaries.
Stormwater Management	Flood Study for Eden, Towamba, Twofold Bay.	$165,000	Grant Funded Flood Studies.
Sewer Services	Effluent Disposal Research	$100,000	This consultancy is tied to the Merimbula Effluent Disposal project.
Research & Development	Network Architecture and Design	$60,000	The first stage in renewing Council’s network infrastructure to secure efficient communications into the future.
Employee Support	Staff Support and Assistance	$45,000	Council has a funded service for staff experiencing difficulties in their lives to ensure they can talk with a professional if needed. It also includes training for contact officers within the workforce.
		$870,000

*Grant programs such as these may require a reclassification once the grants have been awarded based on the successful project. If the project involves undertaking physical work then the grant would be reclassified as a Contractor Engagement.

Contractors:

A majority of the Contractor votes in the 2017 operating budget are provisional items estimating the potential cost of undertaking that particular service or project. The eventual breakdown, once tender processes are concluded, of that contract may present a significantly different picture to the one placed in the budget initially. However, it is expected that in all cases the overall contract value will not exceed the value originally budgeted for.

There are 266 contractor engagements included in the 2017 Operating Budget with a total value of $36,708,885.

The top 10% valued contractor engagements equate to $29,185,898 being 80% of the total vote. The average contract being $138,003 and the median being $16,000. Conversely to the consultancy engagements, contractor engagements tend to be of a large value as illustrated by the high value of the top 10% of planned engagements. Interestingly, there are a high volume of low value contracts contained within the draft operating budget. There 147 Contractor votes less than $20,000.

The top 26 (10%) contractor budgets are listed below:

Service	Contractor Engagement	Value $
Fleet	Value of Works undertaken by Plant Fund on behalf of General Fund (maintaining Councils fleet)	$3,497,500
Waste Services	Domestic Waste Collection Contract – commitment in place, paid by waste fees	$2,276,640
Water Services	Provision for Planned Water Asset Renewals Contract	$2,023,000
Sewer Services	Treatment Plant Operations Contract	$2,000,000
Sewer Services	Nth Bega Sewer Project	$2,000,000
Water Services	Nutleys Creeks Reservoir Project	$1,732,000
Sewer Services	Upgrade to Tura Beach Sewer Treatment Plant	$1,600,000
Sewer Services	Provision for Reactive Maintenance	$1,424,000
Sewer Services	Maintenance Contract for Sewer Treatment Plants	$1,330,000
Waste Services	Eden Waste Transfer Station Construction	$1,200,000
Water Services	Upgrade to Bemboka Water Treatment Plant	$1,128,000
Waste Services	Rehabilitation of Central Waste Facility Stage 1	$1,012,000
Sewer Services	Environmental Impact Statement for Merimbula Effluent Disposal Options	$1,000,000
Sealed Urban Roads – Local	Merimbula Bypass Contract	$900,000
Sealed Urban Roads – Local	Provision for Roads Resealing Contract	$650,000
Sewer Services	Upgrading of West Pambula Pressure Sewer Mains	$637,000
Sealed Urban Roads – Local	Provision for Rehabilitation Contract	$588,000
Sealed Urban Roads – Local	Provision for Sealing Contract	$588,000
Sealed Urban Roads – Regional	Provision for Sealing Contract	$531,000
Sealed Urban Roads – Regional	Provision for Pavement Rehabilitation Contract	$510,000
Sewer Services	Upgrade to Bermagui Sewer Treatment Plant	$500,000
Sealed Urban Roads – Local	Provision for Reseals Contract	$490,000
Waste Services	Transfer stations - Contractor Provisions	$465,712
Sewer Services	Upgrade to Bermagui Sewer Treatment Plant	$400,000
Parks & Gardens	Provision for Turf & Parkland Mowing Contract	$368,046
Tourism	Sapphire Coast Tourism Contract – commitment funded by special variation to rates applied to business rated properties	$335,000
		$29,185,898

Issues

Financial and Resources

Over the past term of Council there has been an efficiency factor of 1% applied to maintenance expenditure in the operating budget and long term financial plan. The strategy being, to reallocate those funds to the capital renewal of the Community’s Assets. That strategy has been achieved each year for the past 4 years.

This strategy however cannot be maintained in perpetuity, as eventually it will result in compromises to the level of service being provided in maintenance activities. This is currently being experienced and will be a key aspect reviewed in the next integrated planning and reporting cycle.

While Council staff will look to revisit the Resourcing Strategy (being Finance, Asset and Workforce strategies) with the newly elected Council during the 2017 financial year, a revised approach has been integrated into the draft budget for 2017.

The budget system used by Council staff has been re-engineered to capture a benchmark value for each item under the Contract classification. This benchmark figure can and has been tied directly to a consulting engagement or contractor engagement. Each quarter, Council staff will report to Council through the Quarterly Budget Review Statement (QBRS) a reconciliation of progress against these initial benchmarks. Any “savings” achieved against the benchmarks will be reserved, with the express purpose of being reallocated towards gap’s identified through Councils Delivery Plan, including the Asset Management Plans, and Facility Management Plans. Having the funds reserved will allow Councillors clear audit trails of what “savings” have been generated and on what services/projects those “savings” have been reallocated to. Inversely, any overruns against those benchmarks will also be reported to Council. The approach will directly align with the priorities identified in the adopted asset management plans and Council’s Delivery Plan.

It is proposed that the Operational Examination Reserve be retitled to the Operational Efficiency Reserve and be used for this purpose.

As an example of this system, there is a draft vote in the 2017 Operating Budget for electricity of $1.65m. Council has recently negotiated a reduced rate on its consumption charges achieving a 13% reduction on certain sites. Once the modelling has been completed and the value of these savings calculated, the budget variance will be reported reducing the $1.65m electricity vote and transferring those funds to the Operational Efficiency Reserve for reallocation towards gaps identified in the Delivery Plan.

Council staff are recommending a target of 1% ($394,702) be retained through to the new system for 2017 and progress be reported against this target each quarter through the QBRS.

Conclusion

This report presents a revised system of establishing, monitoring, and reporting operational “savings” made through the course of financial year and allowing those savings to be reallocated to gap services and projects each quarter through the Quarterly Budget Review Statements.

The value of expenditure allocated to the Contracts classification is a significant portion of Councils expenditure each year and opportunities exist in the planning, awarding and managing of those contracts to secure gains are isolated and reallocated effectively to leverage a better outcome for the community.

Attachments

Nil

Recommendation

1. That Council note this report.

2. That Council resolve a target of approximately 1% saving against Contract estimates being $400,000 during the 2017 financial year.

3. That Council endorse the implementation of the Operational Efficiency Reserve and the associated process of reporting gains against contract expenditure to Council each Quarter through the QBRS process.

Council 8 June 2016

Item 15.1

15.1. Cr Michael Britten - Australian Coastal Council Meeting

The Australian Coastal Councils' Conference was held on 4-6 May 2015 in Rockingham Western Australia.

Cr Britten, Mayor

Background

The Australian Coastal Councils' Conference was attended by the Mayor (as an Executive Committee member representing NSW).

Information about Rockingham Western Australia:

· a city of 135,000 people

· mixed wealth and income (28% are retirees)

· $71m rate revenue (550 FTE staff) and State in WA does all water and sewer

· Council does its own rubbish collection, runs its own tip and makes a profit from it

· The economy is made up of a naval base of 4,000 people, a wheat granary, 5,000 small businesses and a marine park

· North facing beach location with 26km of coast (main potential left for growth) is susceptible to erosion and sea rise

· the city has a total area of 257km²

· 50km from Perth

· population growth in the area predicted to be 50% over the next 15 years.

The Council has a Master Plan for the sea frontage improvements of $40m over several years with commencement of $10m (including a 50% grant from the Federal Government).

High demand on infrastructure and expectation leads to a series of general rate increases of

8-12% pa.

Fremantle

Fremantle has been stagnant for some time with a population of 30,000 and empty shops, expensive land and heritage orientated.

Now facilitating multi-million dollar spending to reinvigorate the town centre and increase population to 100,000; converting old warehouses to units and reinvigorating waterfront for cruise ships and a new municipal civic centre

Rising Sea level issues

1. An example of the clock is ticking in the United Kingdom:

· In 2005 ferocious storms lashed Devon causing major damage

· Fierce storms in 2013 resulted in 18,000 people evacuated in Norfolk

· In 2015 Scotland faced power cuts, widespread flooding and landslips

· Fairbourne a town in Wales is expected to enter into managed retreat in 2025 and be abandoned to the sea

2. On the Thames River a barrier has been erected; in the Netherlands they have designed floating houses and they pump three million cubic metres of sand per year to the Dunes

3. In Australia 85% of the population live near the coast including major cities and little planning has been done. In Victoria the Coastal Council has strategies and $15m allocated around Moyne, Port Fairy which recently had 7 metre waves on 3rd May 2016. Federal spend is research only with no regional coastal plans.

4. In Port Augusta they have built a $36m boat harbour for 40 commercial and recreational vessels to provide safety and security with dry land facilities and boat launching ramp

Australian Coastal Populations Statistics

1. The Australian Bureau of Statistics (ABS) is in the process of transforming its data and cooperation with partner suppliers of information e.g. ATO, Immigration: Change in Residence etc., tourism will be shown, labour force and population movement

2. "Find data by region" on the ABS website is a work in progress and not yet dynamic. Federal Government is investing $250m over 5 years. Report on where we are up to will be out in July 2016.

Coastal Research

1. Coast and marine projections from sea rise, ocean temperature, subsidence, surge events, ocean acidification.

2. Global sea level reflects the state of the earth’s climate system e.g. ice melt.

3. Regional areas show large departures from mean level depending on location; East Coast of Australia is higher.

4. Planning for change for a I in 100 storm tide, north of continent is higher than south.

5. Look out for information on The National Climate Change Adaptation Research Facility (NCCARF) portal.

6. Desalination technology to create water can have environmental consequences. By 2030 the world demand for water will exceed supply by 40%.

7. Each person needs to consume 2- 4 litres per day and up to 50 litres for hygiene per day and up to 500 litres per person per day for embedded energy and up to 1,000 to 5,000 litres per person per day for embedded food. Better the quality of life, the higher the usage.

8. Alternative water sources are naturally or human, impaired water sources e.g. ocean or waste water. Cost of desalination is now more affordable $1.50-$4.0 klitre depending on size of the plant. In 10 years Australia had built 6 plants. The extent of treatment of the water affects the price. The excess ' salt ' water is injected back to the sea and its salinity can calcify the ocean marine life at the point of injection into the ocean.

Water management in Coastal Zones

1. The need to adapt the supply of fresh water under the elements that affect it, including sea level rise, drought, floods, pollutants and temperature.

2. Water harvest is rain, bore reuse and desalination. Energy uses water in carbon mitigation.

3. Local Government has to learn to adapt with little funding. Do we relocate, replant damaged areas, take soft options, apply safety margins, make short term decisions or develop strategies for vulnerable areas which will need betterment funding (Federal Government role).

4. Division of responsibility between Federal/State/Local Government creates lack of coordination and responsibility. Who owns assets versus who funds assets and who implements the work. The Federal Government have a 2016 Strategy that as yet has no specifics.

5. Regional planning for management of risk using National guidelines is needed - see the "Wentworth blueprint" by that group of scientists

The National Climate Change Adaptation Research Facility (NCCARF)

1. They are developing a CoastAdapt tool to provide coastal managers, especially in local Councils with support and knowledge so as to take action to adapt to climate change and sea level rise.

2. The CoastAdapt tool identifies challenges, assesses the risk, determines options, evaluates options, indicates appropriate action to be taken and reports to stakeholders. www.connect.coastadapt.com.au. A Beta version of the tool is scheduled to be available on 1 July 2016. The final version will be available in February 2017.

Economic development in coastal areas

1. Presentation by Quest Apartments on their criteria of Quest Business Model. The key priorities are location, guest experiences, ease of booking and price.

2. Demand and supply is critical in research and includes street access, nearness to shops clubs etc., safety, development growth in the area including infrastructure projects, availability of events, conference facilities, leisure facilities; tourism attractions, health and education facilities.

3. Several years lead in to development of a complex and once constructed is franchised out.

Attachments

1. 2016 Australian Coastal Councils Conference Report 11 May 2016

Council	8 June 2016
*Item 8.1 - Attachment 1*	Locality Plan and Proposed Development Plans

Council	8 June 2016
*Item 8.1 - Attachment 2*	Revised Economic Impact Assessment

Council	8 June 2016
*Item 8.1 - Attachment 3*	Draft Consent conditions

Applicant	S Schweitzer and S Schweitzer
Owner	S Schweitzer and S Schweitzer
Site	Lot 246 DP 1038569 – 45 Park Lane, Bournda
Zone	RU2 Rural Landscape Zone
Site area	2.124 Ha
Proposed development	Alterations and additions to existing dwelling.

Council	8 June 2016
*Item 8.2 - Attachment 1*	Locality Plan

Council	8 June 2016
*Item 8.2 - Attachment 2*	Draft Consent

Council	8 June 2016
*Item 8.3 - Attachment 1*	Draft Use of Public Land (Local Approvals Policy)

Council	8 June 2016
*Item 8.4 - Attachment 1*	Planning Proposal South Bega as recommended by Staff

Council	8 June 2016
*Item 8.5 - Attachment 1*	Planning Proposal Bornda Downs as recommended by Staff

Council	8 June 2016
*Item 8.5 - Attachment 2*	Advice from Office of Environment & Heritage

Council	8 June 2016
*Item 9.2 - Attachment 1*	Pambula Regional Sporting Complex Master Plan

Council	8 June 2016
*Item 9.2 - Attachment 2*	Pambula Sporting Complex Master Plan - Submission, Comments, Outcome Table - Cl Report attachment

Council	8 June 2016
*Item 11.2 - Attachment 1*	Council Report of 4 November 2015

Council	8 June 2016
*Item 11.2 - Attachment 2*	Restriction on the use of land vested in prescribed authority

Council	8 June 2016
*Item 11.2 - Attachment 3*	Proposed Order

Council	8 June 2016
*Item 11.2 - Attachment 4*	Diagram of Conservation Area

Council	8 June 2016
*Item 15.1 - Attachment 1*	2016 Australian Coastal Councils Conference Report 11 May 2016

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

Agency advice

Disclosure of pecuniary interests / non-pecuniary conflict of 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 Deputations (by prior arrangement)

5 Petitions

6 Mayoral Minutes

7 Adjournment to Standing Committees

Recommendation

8 Staff Reports – Planning and Environment (Sustainability)

9 Staff Reports – Community, Culture and Leisure (Liveability)

10 Staff Reports –Economic Development and Business Growth (Enterprising)

11 Staff Reports – Infrastructure Waste and Water (Accessibility)

12 Staff Reports – Governance and Strategy (Leading Organisation)

13 Staff Reports – Finance (Leading Organisation)

14 Adoption of Reports from Standing Committees

Recommendation

15 Delegates Reports

16 Rescission/alteration Motions

17 Notices of Motion

18 Urgent Business

19 Questions On Notice

20 Questions for the Next Meeting

21 Items of Interest Relating to Council Business

22 Confidential Business

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

Statement of Re-Commencement of Live Streaming

23 Adoption of reports from Closed Session

24 Resolutions to declassify reports considered in closed session

Council

8 June 2016

Staff Reports –Planning And Environment (Sustainability)

8 June 2016

Precis

Description of the proposal

Description of the site

Background

Modified Proposal

Planning assessment

Zoning

Height

Bega Valley Development Control Plan 2013

Issues

Economic Impacts

Customer Access and Vehicle Conflict

Submissions

Conclusion

Attachments

Recommendation

Precis

Background

Description of the proposal

Description of the site

Planning assessment

Conclusion

Attachments

Recommendation

8.3. Use of Public land (Local Approvals Policy)

Background

Issues

Environmental / Sustainability

Conclusion

Attachments

Recommendation