1.

Apologies

There were no apologies.

2.

Confirmation of Minutes

90/23

RESOLVED on the motion of Crs Wright and Seckold

That the Minutes of the Ordinary Meeting held on 24 May 2023 and the Extraordinary Meeting held on 7 June 2023 as circulated, be taken as read and confirmed.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

8.1

Staged development comprising 2 lot subdivision and two Dual Occupancies and strata subdivision - 23 Kingfisher Circuit, Eden

A motion was moved by Crs O’Neil and Robin

That Council:

1.    Approve Development Application 2022.156 for a staged development comprising Stage 1 for a Torrens Title subdivision of one (1) lot into two (2), Stage 2 for the Construction of attached         dual occupancy and strata title subdivision on proposed lot 1, and Stage 3 for the         Construction of attached dual occupancy and strata title subdivision on proposed lot 2         subject to the conditions of consent provided in Attachment 1 – Draft Conditions of Consent         and with the following additional condition;

·         Roofline design changes required to Unit 1 on Proposed Lot 2 and Unit 2 of Proposed Lot 1

·         Prior to the issue of a Construction Certification, amended plans shall be submitted to and approved by Council’s Manager of Planning and Sustainability, which redesigns the roofline at the rear of Unit 1 on proposed Lot 2 and Unit 2 on Proposed Lot 1 so as not to exceed a maximum RL of 19.55 metres

(Reason: to achieve an improved view sharing outcome for the adjoining property).

2.    Notify those who made a submission of Council’s decision.

A motion was foreshadowed by Cr Nadin

 That Council:

1.    Approve Development Application 2022.156 for a staged development comprising Stage 1 for a Torrens Title subdivision of one (1) lot into two (2), Stage 2 for the Construction of attached dual occupancy and strata title subdivision on proposed lot 1, and Stage 3 for the Construction of attached dual occupancy and strata title subdivision on proposed lot 2 subject to the conditions of consent provided in Attachment 1 – Draft Conditions of Consent.

2.    Notify those who made a submission of Council’s decision.

The motion was put to vote and it was CARRIED

In favour:             Crs Fitzpatrick, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Cr Nadin

91/23

RESOLVED on the motion of Crs O'Neil and Robin

That Council:

1.    Approve Development Application 2022.156 for a staged development comprising Stage 1 for a Torrens Title subdivision of one (1) lot into two (2), Stage 2 for the Construction of attached         dual occupancy and strata title subdivision on proposed lot 1, and Stage 3 for the         Construction of attached dual occupancy and strata title subdivision on proposed lot 2         subject to the conditions of consent provided in Attachment 1 – Draft Conditions of Consent         and with the following additional condition;

·         Roofline design changes required to Unit 1 on Proposed Lot 2 and Unit 2 of Proposed Lot 1

·         Prior to the issue of a Construction Certification, amended plans shall be submitted to and approved by Council’s Manager of Planning and Sustainability, which redesigns the roofline at the rear of Unit 1 on proposed Lot 2 and Unit 2 on Proposed Lot 1 so as not to exceed a maximum RL of 19.55 metres

(Reason: to achieve an improved view sharing outcome for the adjoining property).

2.    Notify those who made a submission of Council’s decision.

In favour:             Crs Fitzpatrick, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Cr Nadin

8.2

Finalisation of draft design guidelines for the General Aviation Precinct at Merimbula Airport

92/23

RESOLVED on the motion of Crs Seckold and Allen

1.    That Council resolve to adopt the amendment to the Bega Valley Development Control Plan 2013 relating to the General Aviation Precinct at Merimbula Airport as contained in Attachment 1 to this report.

2.    That the adoption of the amendment to the Bega Valley Development Control Plan 2013 be notified in accordance with the Environmental Planning and Assessment Regulation 2021.

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

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

8.3

Endorsement of Minor Amendments Planning Proposal

93/23

RESOLVED on the motion of Crs Griff and Wright

That Council:

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

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

3.    Authorise Council officers, subject to the conditions of the Gateway Determination (including public exhibition) and providing no substantial changes to the planning proposal are required and no objections are received during exhibition, to progress the planning proposal to finalisation and gazettal without a further report to Council.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

8.4

Planning Proposal for Club Sapphire Merimbula

Cr Nadin declared a Pecuniary Interest regarding item 8.4 Planning Proposal for Club Sapphire Merimbula, as it is his place of employment. A signed declaration was tabled by Cr Nadin, he will leave the chamber and not vote.

94/23

RESOLVED on the motion of Crs Fitzpatrick and Griff

That Council:

1.    Submits the planning proposal for Club Sapphire, Merimbula (Attachment 1) to the Department of Planning and Environment for Gateway Determination which involves a height variation from 16m to 26m to facilitate a hotel development.

2.    Following Gateway Determination, the Planning Proposal be placed on public exhibition.

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

IN FAVOUR:             Crs Fitzpatrick, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

AGAINST:                  Nil

ABSENT:                    Cr Nadin

8.5

Planning Proposal for National Circularity Centre, Bega

Cr Allen declared a Pecuniary Interest regarding item 8.5 Planning Proposal for National Circularity Centre, Bega as he is a milk supplier and shareholder. A signed declaration was tabled by Cr Allen, he will leave the chamber and not vote.

95/23

RESOLVED on the motion of Crs Seckold and Porter

1.    That Council resolve to support the planning proposal for the National Circularity Centre to amend the Bega Valley Local Environmental Plan 2013 to permit retail premises, function centre, entertainment facility and community facility uses on certain land at Lagoon Street, Bega (Part of Lot 1 DP 1264640).

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

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

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

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Porter, O'Neil, Robin and Wright

Against:                  Nil

Absent:                    Cr Allen

9.1

Bega Valley Local Traffic Committee 2 May 2023 and 6 June 2023

96/23

RESOLVED on the motion of Crs Porter and Wright

That Council receive and note this report and the Bega Valley Local Traffic Committee minutes of 2 May 2023 and associated documents attached to this report.  The minutes contain no recommendation for Council action. That Council adopt the recommendations of the Bega Valley Local Traffic Committee meeting on 6 June 2023, outlined below. Wanderer Festival – Pambula Beach – 29 September – 1 October 2023

That the following be endorsed subject to development approval:

1.    That there is to be no on street parking along Pambula Beach Road; east bound from Dingo Street to its intersection with Culgoa Crescent; west bound from its intersection with Culgoa Crescent to its intersection with Sir William McKell Drive. This is to be picketed and taped off with reflective tape to prevent parking in this area.

2.    That buses continue to enter Lumen Christi Catholic College via Pambula Beach Road and exit onto Culgoa Crescent (with traffic control).

3.    That Culgoa Crescent becomes a one way street for the entirety of the event. Entry from eastern end of Pambula Beach Road onto Culgoa Crescent becoming one way (west bound) from its intersection with Club Avenue, dropping patrons off at the existing school drop off in Culgoa Crescent.

4.    That an updated Traffic Guidance Scheme (TGS) is supplied showing a traffic controller and vehicle at the intersection of Culgoa Crescent and Pambula Beach Road (western end), preventing a right hand turn into Culgoa Crescent from Pambula Beach Road.

5.    That one month prior to the event date, all affected residents will be notified by letter drop advising them of the proposed changes to traffic movements. The letter must provide the residents with contact details of the event organisers.

6.    That there is a reduction in the speed limit on Pambula Beach Road on days leading up to and during the event to a 40km/h speed zone (160m west of the access driveway to Sapphire Aquatic Centre to the intersection of Culgoa Crescent) as indicated on the provided TGS’s.

7.    That organisers fully implement an approved Special Event Transport Management Plan. Police have indicated as this is a proposed large-scale event there will be a minimum 60-day review time for Police approval. 

8.    That persons involved in the preparation and implementation of the TGS must hold the appropriate SafeWork NSW and Transport for NSW (TfNSW) Accreditation.

9.    That organisers have approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police and Transport for NSW (TfNSW) by name for the event.

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

11.  That as a prerequisite of the proposed changes to traffic movements, the event organisers must notify all, local and interstate bus services along with local taxi services and other affected stakeholders of alternative routes including pick-up/drop-off points, including point to point transport.

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

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

The QUAD Crown, The Orca – 8 September -10 September 2023

1.    That the proposed arrangements involving sections of road reserves in Storey Avenue and Botany Street, Eden for The Prelude on Friday, 8 September 2023 be deemed a Class 2 special event and it be conducted under an approved and current Traffic Guidance Scheme, in accordance with the SafeWork NSW Guidelines and Transport for NSW (TfNSW) Traffic Control Guidelines.

2.    That the proposed arrangements for Stage One Event Precinct, Saturday 9^th September 2023 to be deemed class 2 special events, involving sections of roads westbound lane of Bega St closed from east of Tathra Hotel carpark entry west to Bega St closure. Contraflow in place between upper Bega St & Bega St west of Tathra Hotel carpark entry. That lower section of Bega Street is closed east of East Lane which is to be conducted under an approved and current Traffic Guidance Scheme, in accordance with the SafeWork NSW Guidelines and Transport for NSW (TfNSW) Traffic Control Guidelines.

3.    That the proposed arrangement involving road crossing east of Killarney Road, crossing Tathra Road for Stage One Event Precinct, Saturday 9^th September to be deemed class 2 special events and is to be conducted under an approved and current Traffic Guidance Scheme, in accordance with the SafeWork NSW Guidelines and Transport for NSW (TfNSW) Traffic Control Guidelines.

4.    That the proposed arrangement involving heading north on Kianinny Street for riders turning left into Kianinny Street.  Stage One Event Precinct, Saturday 9^th September to be deemed class 2 special events and it be conducted under an approved and current Traffic Guidance Scheme, in accordance with the SafeWork NSW Guidelines and Transport for NSW (TfNSW) Traffic Control Guidelines.

5.    That the proposed arrangement involving heading south on Davidson Street for riders turning right into Bay Street from Kianinny Street. Traffic on Panuamuna Rd & Yuppara Street to give way to riders as per road rules.   Stage One Event Precinct, Saturday 9^th September to be deemed class 2 special events and it be conducted under an approved and current Traffic Guidance Scheme, in accordance with the SafeWork NSW Guidelines and Transport for NSW (TfNSW) Traffic Control Guidelines.

6.    That the proposed arrangements for Stage Two Event Precinct, Sunday 10^th September to be deemed class 2 special events, involving Storey Avenue, Eden and is be conducted under an approved and current Traffic Guidance Scheme, in accordance with the SafeWork NSW Guidelines and Transport for NSW (TfNSW) Traffic Control Guidelines.

7.    That all of the above routes, have the suitable number of “Event in Progress” signage placed in all appropriate locations.

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

9.    That organisers have approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police and Transport for NSW (TfNSW) by name for the event.

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

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

12.  That as a prerequisite of road closures, the event organisers must notify all local and interstate bus services along with local taxi services and other affected stakeholders of alternative routes including pick-up/drop-off points, including point to point transport.

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

 In favour:            Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

9.2

Reporting of minutes for committees with delegated authority and advisory committees

97/23

RESOLVED on the motion of Crs Wright and Nadin

That Council note the report and the General Sportsground Committee and CWF Consultative Committee meeting minutes which are appended to the report.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

9.3

2023 NSW Local Roads Congress

98/23

RESOLVED on the motion of Crs Nadin and O'Neil

1.    That the Report on the 2023 NSW Local Roads Congress be received and noted.

2.    That Council formally endorse the Congress Communique.

3.    That Council write to relevant State and Federal Government Members highlighting the issues raised at the 2023 NSW Local Roads Congress and seeking their support as well as providing a copy of the Canberra Region Joint Organisation submission to the Inquiry into the implications of severe weather events on the national regional, rural, and remote road network

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

10.1

Adoption of the Integrated Planning and Reporting documents

99/23

RESOLVED on the motion of Crs Allen and Seckold

1.    That Council adopt the approved permanent Special Rate Variation of 24% inclusive of the 4.1% rate peg for the 2023-24 financial year and 19.6% inclusive of an assumed 2.5% rate peg for the 2024-25 financial year for all properties in the Local Government Area as outlined in Attachment 1- IPART LG Determination Bega Valley Shire Councils special rate variation application 2023-24 and Instrument.

2.    That Council receive and note the submissions received during the public exhibition period for the draft Delivery Program 2022-25 and Operational Plan 2023 included at Attachment 2 and Council officers advise those that made submissions during public exhibition of Council’s decision.

3.     That Council adopt the Delivery Program 2022-25 and Operational Plan 2023-24 including the budget and revenue policy included at Attachment 3.

4.    That Council adopt the Long Term Financial Plan 2023-32 June 2023 Update and the Strategic Asset Management Plan 2022-25- June 2023 Update included at Attachment 4 and 5 respectively.

In favour:             Crs Fitzpatrick, Seckold, Allen, O'Neil, Robin and Wright

Against:                  Crs Nadin, Griff and Porter

100/23

RESOLVED on the motion of Crs Nadin and Porter

5.     That the Community Project Proposals be determined as follows:

(5.1) That the proposal for interpretive signage at Barraga Bay is supported by council, dependent on funding, signs to meet BVSC signage guidelines and location installation approval and confirming the applicant will be responsible for ongoing care and maintenance.

(5.3) That the proposal for a deck, ramp, seating and table at Hollis Gap walkway Tathra have in principle support, subject to satisfactory completion of project development checklist requirements, confirmation of external funding, and confirming the applicant will be responsible for ongoing care and maintenance.    

(5.4) That the music stage roof at Wyndham Sportsground have in principle support, subject to satisfactory completion of project development checklist requirements, confirmation of external funding, and confirming the applicant will be responsible for ongoing care and maintenance.

(5.7) That it is noted the proposal for safety signage at John Gordon Recreation Reserve sportsground and playground has been completed by the applicant prior to Council approval, the signs remain the property of the applicant, that any future works require BVSC approval prior to funding applications being submitted and noting the applicant will be responsible for ongoing care and maintenance.

(5.8) That the proposal for an additional water tank at Montreal Goldfield Wallaga Lake be supported by Council, dependent on external funding, and confirming the applicant will be responsible for ongoing care and maintenance.

(5.9) That the proposal to install additional bench seats at Montreal Goldfields be supported by Council, dependent on external funding, and confirming the applicant will be responsible for ongoing care and maintenance.

(5.10) That the proposal for roof restoration at George Brown Memorial Oval have in principle support, subject to satisfactory completion of project development checklist requirements and confirmation of external funding.

(5.12) That the proposal for player/coaches shelters at Roy Howard Playing Field Bega have in principle support, subject to satisfactory completion of project development checklist requirements, confirmation of external funding and confirming the applicant will be responsible for ongoing care and maintenance.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

101/23

RESOLVED on the motion of Crs Griff and Wright

(5.2) That the proposal at Murrah Hall for construction of a permanent outdoor cultural precinct outdoor stage not be supported by Council at this time, as it will create an additional asset requiring ongoing management, maintenance and depreciation. That Council support landscaping improvements and BBQ area improvements provided that it can be demonstrated there will be no additional cost to Council either upfront or ongoing associated with the improvements, plans be provided to council for endorsement prior to any works and any necessary approvals are in place.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

102/23

RESOLVED on the motion of Crs Wright and Nadin

(5.5) That the proposal for use of the Wyndham Sportsground facilities (showers/washing machine) by local residents not be supported by council due to difficulty in maintaining service levels and facility access consistency across the shire. That Council provide guidance to the Wyndham Progress Association on where potential grants or Government support may be available to assist people in need of the facilities described at their own place of residence.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

104/23

RESOLVED on the motion of Crs Nadin and Allen

(5.11) That the proposal for installation of floodlights at Roy Howard Playing Field Bega not be supported by Council, as it will create an additional major asset requiring ongoing management, maintenance and depreciation, and it is noted the current floodlighting project at adjacent Keith Mitchell oval will include expanded training area

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

105/23

RESOLVED on the motion of Crs Fitzpatrick and Griff

(5.13) That Council defer consideration of the Eden Aslings beach rock pool community project proposal and invite the minister for lands to a meeting to discuss the rock pool.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

10.2

Making of rates and charges for 2023-24

106/23

RESOLVED on the motion of Crs Allen and Seckold

Officer’s Recommendation

1.     Adopt the application of the approved permanent Special Rate Variation of 24% inclusive of the 4.1% rate peg for the 2023-24 financial year effective 1 July 2023 for all properties in the Local Government Area.

2.     Adopt the application of the approved permanent Special Rate Variation of 19.6% inclusive of an assumed 2.5% rate peg for the 2024-25 financial year effective 1 July 2024 for all properties in the Local Government Area.

3.     That the Revenue Policy (Attachment 1) be adopted as part of the Operational Plan 2023-24 noting the adjustment made to the maximum interest rate on overdue rates and charges as per the Office of Local Government Circular 23-02 provided on 8 May 2023 to 9% and recommended internal adjustments.

4.      That the following rates and charges be applied in accordance with Sections 534 and 535 of the Local Government Act 1993, 

5.     General Rates:

•     to make a Base rate of $672.00 on each rateable parcel of land and an ad-valorem rate of 0. 00191673 cents in the dollar on the rateable land value for all properties categorised as “residential” in accordance with Section 516 of the Local Government Act 1993 (the LG Act) and;

•     to make a Base rate of $672.00 on each rateable parcel of land and an ad-valorem rate of 0. 00191673 cents in the dollar on the rateable land value for all properties categorised as “farmland” in accordance with Section 515 of the LG Act and;

•     to make a Base rate of $672.00 on each rateable parcel of land and an ad-valorem rate of 0. 00514186 cents in the dollar on the rateable land value for all properties categorised as “business” in accordance with Section 518 of the LG Act and;

•     to make a Base rate of $0 on each rateable parcel of land and an ad-valorem rate of 0.0 cents in the dollar on the rateable land value for all properties categorised as “mining” in accordance with Section 517 of the LG Act and;

6.      Stormwater Charge:

•     to make a stormwater charge of $25.00 per annum per single residential dwelling that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;

•     to make a stormwater charge of $12.50 per annum per residential strata dwelling that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;

•     to make a stormwater charge of $25.00 per annum per developed commercial property up to 1,200 square metres that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;

•     to make a stormwater charge of $100.00 per annum per developed commercial property in excess of 1,200 square metres but not exceeding 3,000 square metres that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;

•     to make a stormwater charge of $200.00 per annum per developed commercial property in excess of 3,000 square metres that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;

•     to make a minimum stormwater charge of $5.00 per annum per developed commercial strata property that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act.

7. Waste and Recycling Collection Charge:

•     in accordance with Section 496 and 501 of the Local Government Act 1993, that Council make waste management charges for 2023-24, noting the below internal submission adjustment be included:

 8.     Water supply services charges:

·    to make a water access base charge for all properties except non-rateable community with a 20mm water connection of $280 per connection and a water usage charge of $3.53 per kilolitre in accordance with Sections 501 and 502 of the LG Act.

·    to make a water access base charge for non-rateable community properties of $280 per assessment and a water usage charge of $3.53 per kilolitre in accordance with Sections 501 and 502 of the LG Act.

·    to make a water access base charge for all Strata properties with a 20mm water connection of $280 in accordance with Sections 501 and 502 of the LG Act.

·    to make a water access charge for all properties with larger water connections based on increments of the base charge as per Council’s adopted operational plan.

·    to make a water access charge of $280 for all properties that are unconnected to a water supply system and able to connect.

·    to make an allocation of water free of charge as per Council’s water and sewer billing, metering, and reductions procedure for all registered patients using home dialysis machines or other certified medical treatments, subject to a medical certificate from the Southern NSW Local Health District.

·    To make properties with an approved dedicated fire service have no water access charges applied. If metered water usage occurs outside of emergency use, this exemption will be forfeited.

9. Sewerage Services Charges

For all residential properties categorised as residential or farmland in accordance with Sections 515 and 516 of the LG Act, including each residential strata lot and each residential dwelling on a multi-dwelling lot:

·    to make a uniform residential sewerage charge of $1,417 for all properties except non rateable community connected to a sewerage system.

·    to make a uniform non-rateable community sewerage charge of $1,417 for non-rateable community properties connected to a sewerage system.

·    to make a uniform residential sewerage charge of $709 for all properties that are unconnected to a sewerage system and able to connect.

For all non-residential properties categorised as business or mining in accordance with Sections 517 and 518, including strata and non-strata developments:

·    to make a uniform non-residential sewerage access base charge of $1,417 for all properties with a 20mm water connection that are connected to a sewerage system

·    to make a uniform non-residential sewerage access base charge of $709 for all properties that are unconnected to a sewerage system and able to connect

·    to make a non-residential sewerage access charge for all properties with larger water connections based on increments of the base charge

·    to make non-residential sewerage bills based on multiplying a sewer discharge factor by both the non-residential sewerage access charge and by water usage multiplied by a water usage charge of $5.12 per kilolitre

·    to make sewer discharge factors based on guidance material provided by the NSW Government

·    to make changes to Sewer Discharge Factors in individual circumstances based on an assessment of water usage and discharge locations.

10. Liquid Trade Waste Charges

·    to make Liquid Trade Waste (LTW) charges pursuant to Section 501 of the LG Act

·    to make bills for Category 1 dischargers requiring nil or minimum pre-treatment as an annual fee.

·    to make bills for Category 2 dischargers with prescribed pre-treatment as an annual fee plus the volume of LTW discharged multiplied by $2.11 a kilolitre.

·    to make bills for Category 2S dischargers that transport and discharge human waste, or discharge from ship-to-shore pump-out facilities or dump-points, as an annual fee plus the volume of LTW discharged multiplied by $19.06 a kilolitre.

·    to make bills for Category 3 large and industrial dischargers an annual fee plus excess mass charges.

·    to make estimations of the volume of LTW discharged by multiplying water usage by LTW discharge factors based on guidance material provided by the NSW Government.

11. High Usage Charge:

·    to make a process for non-residential developers to reduce their upfront costs related to Section 64 developer contributions through paying high usage charges for water used over Equivalent Tenement (ET) credit volumes established for the development.

·    to make a process for non-residential developers to reduce their upfront costs related to Section 64 developer contributions through paying high usage charges for sewage discharged over credit volumes thresholds measured in kilolitres established for each customer.

·    to make 1 ET for water 205 kL/y and 1 ET for sewer 190 kL/y of metered water use, based on the average annual household water usage and average annual household contribution to a sewerage system.

·    to make the High Usage Charge for water $2.47/kL and $3.71/kL for sewer

·    to make bills for non-residential customers by adding the high usage charge to the base charge and applying the higher charge rates to volumes used/discharged over established credit volumes within the charging formulas for non-residential water and sewer usage.

12. On-site sewer management

•     Council will charge a single annual amount for all existing On-Site Sewer Management.

·    Low risk (10 year cycle)      $42.00

·    High risk (3 year cycle)       $75.00

·    Critical risk (1 year cycle)   $168.00

13. Pension Claim:

In accordance with Section 575 of the LG Act, Council acknowledges it must apply the following Pension concessions to eligible properties, being owned and used as principal places of residence by eligible pension holders.

·    General Rates and Domestic Waste Services:              $250.00

·    Water Supply Fund:                                                  $87.50

·    Sewerage Supply Fund:                                           $87.50

14. Interest on Overdue Rates and Charges:

Council hereby resolves that in accordance with the provisions of Section 566(3) of the LG Act the interest rate to apply to all outstanding rates and charges for the period 1 July 2023 to 30 June 2024 be calculated at 9% noting this is an adjustment from the exhibited rate.

In favour:             Crs Fitzpatrick, Seckold, Allen, O'Neil, Robin and Wright

Against:                  Crs Nadin, Griff and Porter

10.3

Adoption of Fees and Charges 2023-24

107/23

RESOLVED on the motion of Crs Allen and Robin

That Council:

1.    Makes each fee and charge for 2023-24 in accordance with the exhibited draft fees and         charges subject to the changes outlined in Attachment 1 and late amendments provided to         Councillors related to companion animals and children's services.

2.   Receive and note the submission received during the public exhibition period for the draft         Fees and Charges 2023-24 included at Attachment 1 and Council officers advise the         respondent of Council’s decision.

3.    Adopt Attachment 2, with inclusion of late amendments provided to Councillors related to         companion animals and children's services as the fees and charges for 2023-24 commencing         1 July 2023.

In favour:             Crs Fitzpatrick, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Crs Nadin and Griff

10.4

Informing Plans and Strategies

108/23

RESOLVED on the motion of Crs O'Neil and Allen

That Council:

1.    Receive and note the report.

2.    Adopt the recommended improvements to provide annual progress updates on the         Affordable Housing Strategy, Climate Resilience Strategy, Clean Energy Plan, Local Strategic         Planning Statement and Disability Inclusion Action Plan as part of the Annual Report.

3.    Adopt the recommended improvements to provide internal progress reporting through a         series of staff and Councillor workshops on the Strategic Asset Management Plan 2022-25         (Resourcing Strategy), Digital Strategy 2022-25 (Resourcing Strategy), Workforce Strategy         2022-25 (Resourcing Strategy), Water and Sewer Strategy 2022-25, Bega Valley Waste         Strategy 2018-2028, Investment Prospectus, Economic Development Roadmap, Merimbula         and Back Lake Floodplain Risk Management Study and Plan, Bega and Brogo Rivers         Floodplain Risk Management Study and Plan, Bega Valley Shire Council Library Services         Strategic Plan, Cemetery Plan 2020-2030, Local Weed Management Plan, Bega Valley Shire         Rural Residential Land Strategy, Bega Valley Shire Commercial Land Strategy, Bega Valley         Shire Residential Land Strategy and the Developer Contributions Plan + Appendices.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

10.5

Expression of Interest (EOI) 2223-087 Tathra Beach Kiosk use and occupation

A motion was moved by Crs Nadin and Porter.

That Council go into closed session.

A motion was foreshadowed by Crs Allen and Seckold

1.    That Council receive and note this report and the confidential report attached.

2.    That Council note the Expression of Interest process for the use and occupation of the Tathra Beach Kiosk building closed on 29 May 2023.

3.    That Council consider the Council officers’ recommendation as detailed in the attached Confidential Report.

4.    That Council authorise the Chief Executive Officer and Mayor to enter into negotiations in order to execute the necessary lease documentation to provide tenure to the successful applicant.

5.    That Council authorise the Chief Executive Officer and Mayor to enter into negotiations with the second highest scoring applicant, should the successful applicant decide not to accept Council’s conditions, in relation to lease responsibilities.

The motion was put to the vote and it was LOST

In favour:             Crs Nadin, Porter and Wright

Against:                  Crs Fitzpatrick, Griff, Seckold, Allen, O'Neil and Robin

The foreshadowed motion became the motion and was put to the vote and it was CARRIED

In favour:             Crs Fitzpatrick, Griff, Seckold, Allen, O'Neil, Robin and Wright

Against:                  Crs Nadin and Porter

109/23

RESOLVED on the motion of Crs Allen and Seckold

1.    That Council receive and note this report and the confidential report attached.

In favour:             Crs Fitzpatrick, Griff, Seckold, Allen, O'Neil, Robin and Wright

Against:                  Crs Nadin and Porter

110/23

RESOLVED on the motion of Crs Allen and Seckold

2.    That Council note the Expression of Interest process for the use and occupation of the Tathra Beach Kiosk building closed on 29 May 2023.

3.    That subject to a Native Title assessment, Council as Crown Land Manager of Tathra Beach Reserve (R79310), approve a 5 x 5-year lease with a further 5-year option to The Publican’s Wife Pty Ltd for the occupation of the Tathra Beach Kiosk for an annual rental of $45,000 plus GST per annum increased annually by CPI with a rent review after each 5-year term.

4.    That Council authorise the Chief Executive Officer and Mayor to enter into negotiations in order to execute the necessary lease documentation to provide tenure to the successful applicant.

5.    That Council authorise the Chief Executive Officer and Mayor to enter into negotiations with the second highest scoring applicant, should the successful applicant decide not to accept Council’s conditions, in relation to lease responsibilities.

In favour:             Crs Fitzpatrick, Griff, Seckold, Allen, O'Neil, Robin and Wright

Against:                  Crs Nadin and Porter

10.6

Location boundary change for 99 Thompsons Drive, Tathra

111/23

RESOLVED on the motion of Crs Porter and O'Neil

That Council:

1.    Approves the proposal for the locality boundary amendment and that 99 Thompson Drive be         included in the Tathra locality and that this change be submitted to the Geographical Names         Board seeking approval for the locality boundary amendment.

2.    That based on a submission from the owners of Lot: 107 DP: 750236 and Lot: 93 DP: 750236         received subsequent to this report being published these lots also be included in the         submission to the Geographical Names Board to be included in the locality of Tathra.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

10.7

Proposed road closure - McDonald Road, Wandella

112/23

RESOLVED on the motion of Crs Fitzpatrick and Porter

1.    That Council considers the legal advice received regarding the proposal to close the Council public road within Lot 541 DP 859896 and Lot 45 DP 752164 at McDonald Road, Wandella and revokes resolution 14/23 from Council’s Ordinary Meeting of 22 March 2023.

2.    That Council approves, in principle, the closure of a revised section of Council public road being McDonald Road, Wandella from the northern driveway of Lot 541 DP 859896 to the closed section of road known as Lot 1 DP 1127598 as shown in the diagram in the report of 28 June 2023.

3.    That Council recommences assessment of the road closure application under Division 3 of the Roads Act 1993 (NSW) and the revised section of Council public road for closure be publicly advertised for a period of 28 days.

4.    That if any objections are received, a further report be prepared for Council’s consideration.

5.    That if no objections are received, Council, by notice published in the Government Gazette, formally close the public road reserve concerned.

6.    That Council agrees to waive the road closure application fee of $2,750, Council legal costs above $3,500 and agrees to transfer the section of road reserve for no cost to the applicants.

7.    That for 28 days, Council publicly exhibits, as required under Section 356 of the Local Government Act 1993 (NSW), its intent to waive the road closure application fee of $2,750, Council legal costs above $3,500 and agrees to transfer the section of road reserve for no cost to the applicants and if any objections are received, a further report be prepared for Council’s consideration.

8.    That all costs associated with the road closure process be borne by the applicant.

9.    That the Chief Executive Officer and Mayor be authorised to execute the necessary documentation to affect the road closure and subsequent sale of land to the applicant for nil compensation noting the offsetting effect on depreciation in this instance.

10.  That if the road closure application does not progress the condition in development consent 2021.1190 remains with the full extent of the road being built to Council standards with the engineering plan submitted prior to issue of a construction certificate.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

10.8

Certificate of Investment May 2023

113/23

RESOLVED on the motion of Crs O'Neil and Allen

1.    That Council receive and note the report on Council’s investment position at 31 May 2023.

2.    That Council notes the certification of the Responsible Accounting Officer.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

10.9

Bega Saleyards - Project Proposal

Cr Allen declared a Non Pecuniary Interest regarding item 10.9 Bega Saleyards - Project Proposal, as he uses the saleyards for selling his cattle. A signed declaration was tabled by Cr Allen, he will remain in the chamber and not vote.

114/23

RESOLVED on the motion of Crs Nadin and Porter

That council advise the requestors that:

Council is supportive in principle of the proposed stage 1 cover construction at the Bega Saleyards on the following conditions:

·    There is no cost to Council including ongoing operating costs including depreciation to be funded by council with these costs to be recovered through additional user fees

·    Appropriate agreements can be reached with the current saleyards lessee to facilitate construction and operation of the new asset including recovery of costs to Council to offset annual deprecation.

·    All necessary approvals are in place prior to anything being constructed

·    No further additions are to be undertaken at the saleyards without further approval from Council and the lessee.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Porter, O'Neil, Robin and Wright

Against:                  Nil

Abstained:             Cr Allen

15.1

Cr Fitzpatrick - What avenues are open for property owners who may wish to subdivide their properties?

A response to Cr Fitzpatrick’s Question without Notice was provided in the Ordinary Council Meeting Agenda of 28 June 2023 with the response as follows:

The South East and Tablelands Regional Plan 2036 states that new rural residential development can only be supported where it has been identified in a local housing strategy that has been approved by the NSW Department of Planning and Environment. The current Bega Valley Shire Rural Residential Strategy was prepared, adopted by Council in 2020 and endorsed by the Department of Planning and Environment to meet this requirement.

The Bega Valley Rural Residential Strategy states that planning proposals that create additional rural residential opportunities will only be supported by Council where they align with the strategy. It identifies that Council will only consider planning proposals from landholders to:

•         rezone land in areas identified on the catchment maps or otherwise identified in the strategy to R5 Large Lot Residential or E4 Environmental Living

•         re-lot size land in areas identified on the catchment maps

•         rezone land to RU4 Primary Production Small Lots where sufficient justification is provided.

All planning proposals must comply with the directions of the South East and Tablelands Regional Plan 2036. As such there are no opportunities for property owners who wish to rezone or re-lot size their properties for rural residential purposes if their property is not on land identified in Council’s Rural Residential Strategy for potential rezoning or re-lot sizing.

The NSW Department of Planning and Environment has affirmed this is the case in the following advice to a resident of the Bega Valley Shire regarding a site that is not identified in the Bega Valley Rural Residential Strategy:

“The purpose of the strategy is to prevent ad hoc requests to rezone land for residential development and to justify sites chosen for inclusion in the strategy after public exhibition and consultation with relevant agencies.

“If Council wished to support the proposal it could publicly exhibit a draft amendment to the Strategy prior to the preparation of any planning proposal. The amendment to the strategy would need to have justification for including the site and Council should seek feedback from relevant state agencies prior to final endorsement by Council. Council could then seek DPIE endorsement of a revised Strategy that addresses any issues raised by the community or agencies.”

There is no resourcing or budget allocation in the Long Term Financial Plan to review or update the Bega Valley Rural Residential Strategy.

The next implementation action from the Rural Residential Strategy is for staff to review the application of the RU4 zone, including all lands currently zoned RU4, and investigate the potential application of the RU4 zone in fragmented rural areas with suitable site characteristics to encourage local agribusiness.  The provisions of Clause 4.6 of the Bega Valley Local Environmental Plan 2013 could be used should an applicant seek to request a minor variation (up to 10%) to the Minimum Lot Size development standard. Suitable justification for any contravention of the development standard would need to accompany a Development Application for the subdivision of land.

Any variations greater than 10% would require the concurrence of the Department of Planning and Environment and without strategic alignment with Council’s adopted plans and strategies, staff are of the opinion that such a variation would be highly unlikely to be supported.

15.2

Cr Griff - Is there an update on the situation with the Social Justice Advocates small emergency housing units?

Cr Griff asked is there an update on the situation with the Social Justice Advocates small emergency housing units?

Director Community, Environment and Planning, Mrs Emily Harrison advised staff are still working through the situation. The challenges that we have is that there are legislative requirements and potential barriers. We are attempting to find solutions, however this is taking longer than anticipated. We have contacted other Council’s to see how they have been dealing with these issues.

Chief Executive Officer, Mr Anthony McMahon added this is an issue that was flagged with the Minister in Sydney last week. There are precedents in both cases (for and against) in courts that are contradictory on what is and isn’t allowable in terms of moveable dwellings.