Agenda of Council - 23 August 2023

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

· Is the decision or conduct legal?

· Is it consistent with Government policy, Council’s objectives and Code of Conduct?

· What will the outcome be for you, your colleagues, the Council, anyone else?

· Does it raise a conflict of interest?

· Do you stand to gain personally at public expense?

· Can the decision be justified in terms of public interest?

· Would it withstand public scrutiny?

Conflict of interest

A conflict of interest is a clash between private interest and public duty. There are two types of conflict:

· Pecuniary – regulated by the Local Government Act 1993 and Office of Local Government

· Non-pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, Office of Local Government (advice only). If declaring a Non-Pecuniary Conflict of Interest, Councillors can choose to either disclose and vote, disclose and not vote or leave the Chamber.

The test for conflict of interest

· Is it likely I could be influenced by personal interest in carrying out my public duty?

· Would a fair and reasonable person believe I could be so influenced?

· Conflict of interest is closely tied to the layperson’s definition of ‘corruption’ – using public office for private gain.

· Important to consider public perceptions of whether you have a conflict of interest.

Identifying problems

1st Do I have private interests affected by a matter I am officially involved in?

2nd Is my official role one of influence or perceived influence over the matter?

3rd Do my private interests conflict with my official role?

Local Government Act 1993 and Model Code of Conduct

For more detailed definitions refer to Sections 442, 448 and 459 or the Local Government Act 1993 and Bega Valley Shire Council (and Model) Code of Conduct, Part 4 – conflict of interest.

Agency advice

Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, officers and community committee members by various pieces of legislation, regulation and codes.

Contact	Phone	Email	Website
Bega Valley Shire Council	(02) 6499 2222	council@begavalley.nsw.gov.au	www.begavalley.nsw.gov.au
ICAC	8281 5999 Toll Free 1800 463 909	icac@icac.nsw.gov.au	www.icac.nsw.gov.au
Office of Local Government	(02) 4428 4100	olg@olg.nsw.gov.au	http://www.olg.nsw.gov.au/
NSW Ombudsman	(02) 8286 1000 Toll Free 1800 451 524	nswombo@ombo.nsw.gov.au	www.ombo.nsw.gov.au

Disclosure of pecuniary interests / non-pecuniary interests

Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 4 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation (conflict of interests) it is necessary for you to disclose the nature of the interest when making a disclosure of a pecuniary interest or a non-pecuniary conflict of interest at a meeting.

The following form should be completed and handed to the Chief Executive Officer as soon as practible once the interest is identified. Declarations are made at Item 3 of the Agenda: Declarations - Pecuniary, Non-Pecuniary and Political Donation Disclosures, and prior to each Item being discussed:

Council meeting held on __________(day) / ___________(month) /____________(year)

Item no & subject
Pecuniary Interest	In my opinion, my interest is pecuniary and I am therefore required to take the action specified in section 451(2) of the Local Government Act 1993 and or any other action required by the Chief Executive Officer.
Significant Non-pecuniary conflict of interest	– In my opinion, my interest is non-pecuniary but significant. I am unable to remove the source of conflict. I am therefore required to treat the interest as if it were pecuniary and take the action specified in section 451(2) of the Local Government Act 1993.
Non-pecuniary conflict of interest	In my opinion, my interest is non-pecuniary and less than significant. I therefore make this declaration as I am required to do pursuant to clause 5.11 of Council’s Code of Conduct. However, I intend to continue to be involved with the matter.
Nature of interest	Be specific and include information such as : · The names of any person or organization with which you have a relationship · The nature of your relationship with the person or organization · The reason(s) why you consider the situation may (or may be perceived to) give rise to a conflict between your personal interests and your public duty as a Councillor.
If Pecuniary	Leave chamber
If Non-pecuniary (tick one)	Disclose & vote Disclose & not vote Leave chamber
Reason for action proposed	Clause 5.11 of Council’s Code of Conduct provides that if you determine that a non-pecuniary conflict of interest is less than significant and does not require further action, you must provide an explanation of why you consider that conflict does not require further action in the circumstances
Print Name	I disclose the above interest and acknowledge that I will take appropriate action as I have indicated above.
Signed

NB: Please complete a separate form for each Item on the Council Agenda on which you are declaring an interest.

Council

23 August 2023

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

Statement of Ethical Obligations

1 Apologies and requests for leave of absence

2 Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 26 July 2023 as circulated, be taken as read and confirmed.

3 Declarations

Pecuniary, Non-Pecuniary and Political Donation Disclosures to be declared and tabled. Declarations also to be declared prior to discussion on each item.

4 Public Forum – report by Mayor of deputations heard prior to the meeting

5 Petitions

6 Mayoral Minutes

6.1 HMAS Supply - Freedom of Entry - Eden...................................................................................... 9

7 Urgent Business

8 Staff Reports – Community, Environment and Planning

8.1 "Market Hall" Mixed Use Development (Retail Premises, Food and Drink Premises and Shop Top Housing) Lot 1 DP 306281, 59 Princes Highway, Cobargo.................................................. 11

8.2 New Post Office Building and Shop Top Housing Lot 80 DP 860010 57A Princes Highway Cobargo..................................................................................................................................................... 330

8.3 Proposed Composting Dairy Barn (Intensive Livestock Agriculture) - 139 Pearces Road, Greendale..................................................................................................................................................... 625

8.4 Advocacy for legislative change to support affordable housing development in the Bega Valley Shire............................................................................................................................................ 787

8.5 Affordable Housing Strategy implementation progress report........................................... 791

8.6 Grave Excavation, Maintenance and Related Services Request for tender (RFT) 2223-088 830

9 Staff Reports – Assets and Operations

9.1 Bega Valley Local Traffic Committee 1 August 2023............................................................. 835

9.2 Request for Tender (RFT) 2223-091 Comprehensive Safety Review - 3 Dams................. 873

10 Staff Reports – Business and Governance

10.1 Actions from resolutions of Council - Progress Report......................................................... 878

10.2 Report on Implementation of Council's Operational Plan................................................... 880

10.3 Youth Space building in Bega..................................................................................................... 941

10.4 Bermagui VIC licence agreement renewal.............................................................................. 949

10.5 Local Government NSW (LGNSW) Annual Conference 2023 - Motions............................ 965

10.6 Procurement of an electronic timesheet solution.............................................................. 1039

10.7 Road Closure - National Circularity Centre........................................................................... 1045

10.8 Carry Forwards and Revotes at End of Financial Year 2023.............................................. 1074

10.9 Certificate of Investment July 2023........................................................................................ 1084

10.10 Reporting of minutes for committees with delegated authority and advisory committees 1089

10.11 Additional Council meeting 13 September 2023................................................................. 1095

10.12 Adoption of Policy 6.23 - Payment of Expenses and Provision of Facilities to Councillors 1097

10.13 Audit, Risk and Improvement Committee - Membership.................................................. 1116

10.14 Tathra Beach Kiosk tenure....................................................................................................... 1119

11 Councillor Reports

11.1 4 August 2023 Country Mayors Association Communique............................................... 1129

12 Rescission/Alteration Motions

13 Notices of Motion

13.1 Review of “Lands Under Council Jurisdiction Policy 4.10 - Procedure 4.10.6 Road Naming”......... 1135

14 Questions with Notice

15 Questions without Notice

15.1 Cr O'Neil - At the next Council meeting could staff update Councillors on discussions with Ministers and Officials on the $15 million commitment on Cuttagee Bridge?............................ 1137

16 Confidential Business

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

Adjournment Into Closed Session, exclusion of the media and public......................... 1138

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

Statement of Re-Commencement of Live Streaming

17 Noting of Resolutions from Closed Session

18 Declassification of reports considered previously in Closed Session

Council 23 August 2023

Item 8.1

8.1. 2022.364 "Market Hall" Mixed Use Development (Retail Premises, Food and Drink Premises and Shop Top Housing) Lot 1 DP 306281, 59 Princes Highway, Cobargo

Director Community Environment and Planning

Applicant	Cobargo Community Development Corporation Limited
Owner	Cobargo Community Development Corporation Limited
Site	Lot 1 DP 306281, 59 Princes Highway, Cobargo
Zone	RU5 Rural Village Zone
Site area	714.5
Proposed development	“Market Hall” Mixed Use Development (Retail Premises, Food and Drink Premises and Shop Top Housing)

Precis

This application is being reported to Council in accordance with Council Procedure 3.01.01 Reporting of Development Applications to Council, as the development application was subject to 10 or more unique submissions by way of objection from different households.

Additionally, the application seeks a variation to the height of buildings development standard, as set out in the Bega Valley Local Environmental Plan 2013.

Officer’s Recommendation

That Council:

1. Assumes the concurrence of the Secretary of the Department of Planning and Environment in accordance with Circular PS 18-003 and pursuant to Clause 4.6 of the Bega Valley Local Environmental Plan 2013 and notifies the department accordingly.

2. Approves the variation to the height of building development standard, specified under Clause 4.3(2) of the Bega Valley Local Environmental Plan 2013.

3. Approves Development Application 2022.364 for a Mixed-use Development “Market Hall” (Retail Premises, Food and Drink Premises and Shop Top Housing) subject to the conditions of consent provided in Attachment 1 – Draft Conditions of Consent.

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

Executive Summary

The applicant proposes to construct a new ‘Market Hall’ that would incorporate a mixture of retail, a café with a training component and residential land uses within a newly constructed market hall building that would replace buildings destroyed during the Black Summer bushfires in 2019/2020. The previous buildings have been demolished and the site currently presents as a vacant site within the main street of Cobargo.

Background

The site is located within the Cobargo Heritage Conservation Area and is being considered within the context of three other development applications for bushfire rebuilds within the main street of Cobargo. The design of these developments has generated a significant amount of public interest during the assessment of each application.

Feedback from the community and referral responses has resulted in the redesign of the original plans for the ‘Market Hall’ to address the primary concerns relating to the impact the proposed design and its overall size would have on the heritage values of the existing main street and landscape setting of Cobargo.

Figure 1 – Cobargo Bushfire Rebuilds

Figure 2 – Photo towards the site from the main street looking south

Description of the proposal

The proposal would involve the construction of a new ‘Market Hall’ – Mixed-Use Development, incorporating Retail Premises, Shop Top Housing, Food and Drink Premises (Café) with a training component and associated Car Parking. The design incorporates an access driveway at the rear that would be used in conjunction with the ‘Post Office’ development to the north (DA2022.365). Landscaping is proposed to reduce the overall bulk and scale of the building when viewed from the rear.

The proposed Development Plans are provided as Attachment 3 to this report.

Figure 3 – Extracts from proposed Development Plans

Lower Ground Floor Plan

Ground Floor Plan

First Floor Plan

North Elevation

East Elevation

South Elevation

West Elevation

Colours and Materials

Planning assessment

The development application has been assessed in accordance with the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979. Attachment 2 to this report provides a detailed assessment of those matters for consideration.

A full copy of submissions has been uploaded to the Councillor portal for review and consideration.

Bega Valley Local Environmental Plan (BVLEP 2013)

Zoning and Permissibility

The site is zoned RU5 Village under the provisions of the BVLEP 2013.

The objectives of the RU5 zone are:

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

To ensure that development maintains and protects the village character.

The proposed development is consistent with the zone objectives. The design incorporates a range of land uses that are all permissible within the RU5 Village Zone and contribute to the overall scale of the proposed building being Retail Premises, Food and Drink Premises and Shop Top Housing.

Clause 5.10 Heritage Conservation

The land is vacant, heritage listed, forms part of a Cobargo Heritage Conservation Area and has been considered in accordance with the relevant controls under Clause 5.10.

A Heritage Impact Statement has been submitted with the development application that includes an addendum to accompany revised plans (Attachment 5 – Heritage Impact Statement). Advice has been sought from Council’s Heritage Adviser about the original and revised plans for the proposed development. A detailed assessment is provided in the Section 4.15 Assessment Report provided as Attachment 2.

Of primary concern is the overall bulk and scale of the building within the existing streetscape and other proposed bushfire rebuilds alongside it. Although the development is infill, the proposed development is being considered within the context of buildings that were destroyed and formed an established part of the main street and village setting of Cobargo.

The roof form and finer grain elements including awning treatments and the choice of colours and materials all contribute towards the character of the proposed building. This has formed an integral part of the assessment process and generated a significant amount of public interest.

On balance, Council staff have concluded that the proposed development would be a suitable addition to the main street precinct of Cobargo.

Clause 4.3 height of Building and Variation Request under Clause 4.6

The objectives of Clause 4.3 of the BVLEP 2013 are as follows:

(a) to retain the existing character and landscape of the locality and to encourage a low- set building form,

(b) to protect residential amenity, views, privacy, and solar access.

A 10-metre height limit currently applies to the site which is measured from ‘existing ground level’ to the highest point of the building.

Building height is defined as follows:

Building Height (or height of building) means—

(a) in relation to the height of a building in metres—the vertical distance from ground level (existing) to the highest point of the building, or

(b) in relation to the RL of a building—the vertical distance from the Australian Height Datum to the highest point of the building, including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.

A variation request has been submitted to substantiate the proposed variation to the 10m height development standard, under the provisions of Clause 4.6 of BVLEP 2013. The variation of 10.7m is within 10% of the standard and staff conclude that the proposal would not have an adverse impact on the heritage significance of the site or streetscape of the Heritage Conservation Area of Cobargo, nor adversely impact on adjoining properties.

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

· meets the objectives of the zone, and

· meets the objectives of the development standard, and

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

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

Council, as the consent authority, should also consider:

· whether contravention of the development standard raises any matter of significance for state or regional environmental planning, and

· the public benefit of maintaining the development standard.

A detailed assessment of the variation request is provided in the assessing officer’s Section 4.15 Assessment Report, provided as Attachment 2 to this report.

The Applicant’s Variation Request is provided as Attachment 4.

The concurrence of the Secretary of the Department of Planning and Environment can be assumed in this instance, in accordance with the provisions of Planning Circular PS 18-003.

Figure 4 – Height Variation

Bega Valley Development Control Plan (BVDCP 2013)

The proposed mixed-use development involves a range of land uses that would contribute directly towards the community and recovery process including a market hall, cafe and training space, retail and residential land uses.

The design includes vehicle access from the rear that would be shared with the proposed Post Office building directly to the north of the site (DA2022.365). Car parking has been integrated into the design at the basement level.

The site has the potential to be visually prominent given its location on the eastern side of the Princes Highway with view corridors obtained from both the Princes Highway (Main Street) and Cobargo-Bermagui Road.

The main street frontage (West Elevation) has been addressed by a single storey component at the front with street facing gables over the market hall, café and retail spaces that would activate the main street frontage. The larger rear component of the proposed building would be recessed back from the main street frontage and landscaping incorporated into the design.

The inner roof spaces are one degree below the recommended 25 degree roof pitch requirement to allow for drainage and this is considered reasonable given the minor nature of the departure and the practical nature of the request.

Revised plans have been provided that are more in keeping with the Desired Future Character Statements for Cobargo that emphasises the importance of conserving the heritage qualities of Cobargo through sympathetic infill development particularly within the main street.

Further details in the assessment of the DCP provisions are provided in the Section 4.15 Assessment Report provided as Attachment 2.

Community and Stakeholder Engagement

PULBIC SUBMISSIONS

The proposed development was advertised in accordance with Council’s adopted Community Engagement Strategy from 7 November 2022 until 5 December 2022. Fourteen (14) submissions were received during the notification period with 12 objections to the original design.

A summary of these submissions is at Attachment 6 (Summary of Submissions).

The primary concern relates to the articulation of the proposed building and its overall bulk and scale within the streetscape, particularly the size and articulation of the rear component.

The submissions contained a series of recommendations, including a response from the Far South Coast Branch of the National Trust, regarding an alternative design with traditional awnings, painted fibre cement weatherboards and a revised roof profile and design with a more strategic placement of solar panels to reduce visibility from the street. The submissions also recommended that a masterplan be adopted prior to determination of any development applications for the main street of Cobargo.

A copy of the submissions and advice from Council’s Heritage Adviser were forwarded through to the applicant and revised plans were received. The following design responses have been received from the applicant.

Landscaping

The existing main street is characterised by street trees in the form of Crepe Myrtles and landscaping located with the rear, side and frontages of existing properties within the Heritage Conservation Area of Cobargo. A landscaping plan has been submitted with the design.

Colours and materials

The town of Cobargo contains a variety of materials that reflect the time of construction and proposed use that includes, timber, brick and tiles. The proposed development references a range of materials within the existing streetscape.

The proposed ‘Market Hall’ palette references the materials used in existing buildings on Cobargo’s main street, particularly those from the interwar period. The use of fibrous cement weatherboards for the shop on the street front and timber for its shop window and doors connects this structure to the other timber framed buildings on the street.

The use of metal sheet cladding on the upper floor of the rear building references to the town’s rural context. There is no uniform historic colour palette used on Cobargo’s main street. The ‘Market Hall’ colour palette responds to the colours used on many of the town’s nineteenth century painted timber buildings and interwar buildings. The use of red brick has been recommended to integrate with the proposed Post Office building (DA2022.365) and the former Bank of NSW building to the south.

Awning treatments

The proposed ‘Market Hall’ is shown to have a shallow pitched lightweight steel awning extending out over the footpath for the full length of its street front elevation. The upturned awning on the original DA documentation has been replaced with an awning that slopes down to the street and away from the building. The awning, which is divided into two sections due to the slope of the site, is of similar scale and material to the awnings on the former Grain Store that previously occupied the site, although its pitch is shallower.

Roof forms

Prior to the bushfires the site was occupied by the former Grain Store, which was comprised of several elements all of which had gables facing the street. The oldest portion of the development had a high-pitched roof.

The proposed development has a single storey structure facing the street with a two to three-storey structure set back behind it, separated from it by a bank of skylights. Like the former Grain Store, the proposed Market Hall includes four street facing gables. The rear portion of the building is shown to have two gables running parallel to the street. The pitch of the gables facing the street is shallower than the tall gable over the oldest portion of the former Grain Store. However, it is similar in pitch to the roofs over the later additions to the Grain Store.

The former Grain Store was a single-storey building, whereas the proposed new ‘Market Hall’ building includes two structures—a single storey structure facing the street and a two to three-storey structure to the rear. This increases where the land falls away to the rear.

The rear roofs have been kept as low as possible to minimise impacts on the street and the adjacent heritage building—the former Bank of NSW. Whilst the outer roof slopes maintain the 25-degree pitch set by the DCP, the inner roof slopes have a slightly lower pitch at 24-degrees to resolve roof drainage to the central box gutter.

The difference in pitch is negligible and will not be observable. Increasing the pitch of the roof over the rear portion of the building would increase its height and to some extent its visibility from the street.

Solar panels

The solar panels on the front single storey building would not be visible from the street. The solar panels on the rear building may be visible from the western side of Cobargo’s main street, although they would be in the background and their visual impact on the streetscape would be minimal.

The height of the roof and its lower pitch would minimise the visibility of the panels from the street. The panels would not be visible from the eastern side of the street as they would be obscured by the awning and front portion of the Market Hall. The proposed solar panels are slimline and can be mounted flat against the roof, minimising their impact on historic roofscapes.

Staff Comment

· The design response from the applicant is more in keeping with the existing streetscape and heritage conservation area in terms of the building elements and choice of colours and materials.

· The overall bulk and scale of the building has been reduced by dividing the building into a single-storey component with frontage to the main street and a two-storey component that is further accentuated by the choice of colours and materials.

· Landscaping has been incorporated into the design and the provision of street trees has been recommended as a draft condition of consent.

· The proposed ‘Market Hall’ would incorporate a range of land uses that would make a positive contribution towards the recovery process and re-activation of the Cobargo main street.

· The request to prepare a masterplan for Cobargo prior to determination of these development applications is not considered reasonable as it would create unreasonable delays to assessment timeframes.

· The development applications have been assessed in accordance with the planning documents that were in effect at the time of lodgement being the Bega Valley Local Environmental Plan 2013 and Bega Valley Local Environmental Plan 2013.

Figure 4 – Original Streetscape

Figure 5 – Proposed Streetscape

REFERRAL RESPONSES

Access

The impact on the proposed access from the Princes Highway has been considered within the context of the site and previous land uses. The proposed design relies on a rear laneway access that would service this site and the neighbouring bushfire rebuild located immediately to north of the site for the new ‘Post Office’ building (DA2022.365).

Matters for consideration included practical access for a B99 Vehicle (Ford Transit) and a detailed design has been provided that incorporates a portion of the land to the north to provide a practical solution in terms of vehicle movements and manoeuvring from the rear laneway for both developments.

A referral was sent to Transport NSW and Council’s Development Engineer to review and conditions have been recommended and are included on the draft consent.

Summary

The bulk and scale of the building has been reduced by dividing the building into two main components with the single storey component at the front and a two to three-storey component including car parking at the rear. This has been reinforced through the choice of colours and materials and landscaping. The provision of street trees has also been recommended as a draft condition of consent.

The rear elevation is articulated with window treatments and is largely a result of topographic constraints. It is likely to become less prominent as development occurs on the land to the east of the site that is currently relatively exposed due to the loss of vegetation and buildings along the Cobargo-Bermagui Road frontage. In this respect, it should be noted that a dual occupancy development is also currently under consideration for the parcel of land at the rear of the proposed development site being 8-10 Cobargo-Bermagui Road (DA2023.104).

The proposed design of the development is generally in keeping with the objectives of the Bega Valley Local Environmental Plan 2013 and Bega Valley Development Control Plan 2013 and the variation from the 10m height limit, minor variations from the roof pitch and car parking are considered acceptable in this instance.

The proposed ‘Market Hall’ would incorporate a range of land uses that would make a positive contribution towards the recovery process and re-activation of the Cobargo village centre which is in keeping with Council’s Commercial Land Strategy 2040, Residential Land Strategy 2040 and Local Strategic Planning Statement 2040.

Options

The following options are available to Council, in its consideration of this matter:

1. Approve the development application subject to the conditions of consent provided in (Attachment 1). This is the recommended option.

2. Defer consideration of the matter and request a separate report identifying any relevant Section 4.15 matters for consideration and draft reasons for refusal.

3. Defer consideration of the matter and seek an alternative design to address any concerns raised (to be specified by Councillors).

Engagement planned

Those who made a submission will be notified of the Council resolution.

Financial and Resource Considerations

Assessing and determining development applications is part of the regular business of Council and resourcing to undertake that function is included in Council’s adopted 2023-24 budget.

Legal /Policy

Refusal of the development application could be subject to an appeal in the Land and Environment Court, which would have cost implications to defend Council’s position.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposed development is consistent with the following statement within the Bega Valley Local Strategic Planning Statement (LSPS).

Planning Priority 10: Character

· Apply desired future character statements for towns and villages to ensure new development is consistent with the features that have been identified to be retained or enhanced and is in line with community expectations.

· Protect cultural heritage and built heritage items and preserve the value of heritage buildings and places by ensuring by ensuring that new development near heritage-listed items respects these values.

Planning Priority 11: Housing

· Encourage residential development in sewered villages to provide more affordable housing options, minimise land use conflict and the support continued viability of villages.

Planning Priority 12: Town Centres

· To adjust to the changing role and function of town centres and create vibrant commercial centres by improving the mix of commercial, social, recreational and cultural land uses and the design and function of public areas.

· Encouraging appropriate new development to locate within existing commercial areas in town centres.

· Manage new development to retain and support the commercial hierarchy and encourage blended uses that contribute to a centre as a destination where consistent with the range of goods and services that are suited to the category of the centre.

Environment and Climate Change

The impacts of the development on the environment have been assessed and detailed in the Section 4.15 Assessment. Demolition works have already been undertaken and the presence of any asbestos addressed as part of the clearance report for the site. Reports have been provided to assess the potential acoustic and geotechnical impacts.

A due diligence assessment has been undertaken and a notation would be placed on any approval to comply with these protocols.

Economic

The proposal involves a bushfire rebuild that would have a positive impact on the economy throughout the construction phase and re-establish retail land uses within the main street of Cobargo.

Risk

The assessment of development applications is a core function of Council. There are no material impacts on Council’s operations associated with the proposed development. The potential impacts have been addressed within the Section 4.15 Assessment and reinforced as part of Conditions of Consent.

Social / Cultural

The proposal involves a bushfire rebuild and would play an important role in the recovery process. The development incorporates a market hall and café with a training component that would directly benefit the community of Cobargo.

Attachments

1 ⇩. Section 4.15 Assessment Report

2 ⇩. Draft Conditions of Consent

3 ⇩. Development Plans

4 ⇩. Applicant's Clause 4.6 Variation

5 ⇩. Applicant's Heritage Impact Statement and Addendum

6 ⇩. Summary of Submissions

Council 23 August 2023

Item 8.2

8.2. 2022.365 New Post Office Building and Shop Top Housing Lot 80 DP 860010 57A Princes Highway Cobargo

Director Community Environment and Planning

pplicant	Cobargo Community Development Corporation Limited
Owner	Cobargo Community Development Corporation Limited
Site	Lot 80 DP 860010
Zone	RU5 Village Zone
Site area	671.9m²
Proposed development	Mixed Use Development – Business Premises (Post Office) and Shop Top Housing

Precis

The development application is being reported in accordance with Council Policy 3.01.01 – Reporting of Development Applications to Council, as the development application was subject to 10 or more unique submissions by way of objection from different households.

Officer’s Recommendation

That Council:

1. Approves Development Application 2022.364 for a Mixed-Use Development (Post Office) and Shop top Housing, 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.

Executive Summary

The applicant proposes to construct a new ‘Post Office’ with a Shop Top Housing component that would replace a building destroyed as part of the Black Summer bushfires in 2019/2020. The previous buildings have been demolished and the site currently presents as a vacant site within the main street of Cobargo.

Background

The site is located within the existing Heritage Conservation Area and is being considered within the context of three other development applications for bushfire rebuilds within the main street of Cobargo.

The design of these developments has generated a significant amount of public interest as part of their pre-lodgement preparation and detailed assessment.

Feedback from the community and referral responses has resulted in the redesign of the original plans for the proposed development to address the primary concerns relating to the potential impact on the existing streetscape of Cobargo that has intrinsic community and heritage value.

Figure 1 – Cobargo Bushfire Rebuilds

Figure 2 – Photo towards the site from the main street looking south

Description of the proposal

The proposal would involve the construction of a new Mixed-Use Development involving the construction of a new ‘Post Office’ building with Shop Top Housing above and associated car parking. The design incorporates an access driveway at the rear that would be used in association with the ‘Market Hall’ development to the south (DA 2022.364).

The full set of development plans is provided as Attachment 3 to this report.

Figure 3 – Proposed Plans

Ground Floor Plan

First Floor Plan

Site and Roof Plan

North Elevation

East Elevation

South Elevation

West Elevation

Colours and Materials

Planning assessment

The development application has been assessed in accordance with the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979 (Attachment 2 – Section 4.15 Assessment Report).

A full copy of submissions has been uploaded to the Councillor portal for review and consideration.

Bega Valley Local Environmental Plan (BVLEP 2013)

Zoning and Permissibility

The site is zoned RU5 Village under the provisions of the BVLEP 2013.

The objectives of the RU5 zone are:

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

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

The proposal is consistent with the zone objectives. The design incorporates land uses that are permissible within the RU5 Village Zone, being a Post Office that is defined as a Business Premises and Shop Top Housing.

Clause 5.10 Heritage Conservation

The land is vacant and forms part of the Cobargo Heritage Conservation Area. The proposed development has been considered in accordance with the relevant controls, particularly Clause 5.10. A Heritage Impact Statement and addendum has been submitted with the development application and advice sought from Council’s Heritage Adviser (Attachment 4 – Applicant’s Heritage Impact Statement).

Of primary concern with this proposal is the articulation of the proposed building within the context of the existing ‘Post Office’, streetscape and other proposed bushfire rebuilds. Although the development is infill, the proposed development is being considered within the context of buildings that were destroyed and formed an established part of the main street and village setting of Cobargo. The roof form and finer grain elements including awning treatments and the choice of colours and materials all contribute towards the character of the proposed building.

On balance, staff have concluded that the proposed development would be a suitable addition to the main street precinct of Cobargo.

Bega Valley Development Control Plan (BVDCP 2013)

The proposed development involves the construction of a new ‘Post Office’ building and would include a residential component above. The multi-functional use of the space would contribute towards the community and the re-activation of the main street. The design includes vehicular access from the rear that would be shared with the proposed ‘Market Hall’ building directly to the south of the site (DA 2022.364). The proposed design is generally in keeping with the heritage provisions and other relevant standards provided within BVDCP 2013.

Further details are provided in the Section 4.15 Assessment Report, provided as Attachment 2.

Community and Stakeholder Engagement

PUBLIC SUBMISSIONS

The proposed development was advertised in accordance with Council’s adopted Community Engagement Strategy from 7 November 2022 until 5 December 2022. 14 submissions were received during the notification period with 12 highlighting objections to the original design.

A summary of these submissions has been completed as part of the development assessment (see Attachment 5 – Summary of Submissions).

The primary concern relates to the articulation of the building and the impact of relocating from the existing ‘Post Office’ building to the north. On this basis, a series of recommendations have been made including a response from the Far South Coast National Trust that recommends an alternative design with traditional awnings, painted fibre cement weatherboards and a revised roof profile and design with a more strategic placement of solar panels to reduce visibility from the street. Another submission recommended a masterplan be prepared and adopted by Council, noting that some work had been commissioned by the Cobargo Quaama Business Recovery Group (CQBRG) and prepared by TBH and Cox Architects.

Landscaping

The existing main street is characterised by street trees in the form of Crepe Myrtles and landscaping located within the rear, side and frontages of existing properties within the Heritage Conservation Area of Cobargo. A landscaping plan has been submitted by the applicant with the design.

Colours and materials

The proposed brick for the new Post Office references the town’s late nineteenth and early- to mid-twentieth century brick buildings, such as the existing post office (now painted, but previously unpainted), former Bank of NSW, Cobargo Pharmacy, Cobargo Hotel and RSL Memorial Hall. The brickwork of the long walls of the proposed post office are to be laid to provide a textured appearance.

The rooves over Cobargo’s historic brick buildings include terra cotta tiles and galvanised steel (painted and unpainted). The proposed red colour for the roof of this development is traditional for buildings of the late nineteenth to mid twentieth century and references the roof colour used on the former post office immediately adjacent to the site as well as the roof of the previous building on the site. The historic buildings in Cobargo have contrasting light coloured timber trim and joinery, and light-coloured decorative elements to break down the solidity of colour and would be incorporated into the proposed building.

Awning Treatments

The design of the proposed street awning on the Post Office is in keeping with the awnings on Cobargo’s main street. The awning visually breaks the two-storey front façade of the building, providing a line of separation between the shop front post boxes and entrance porch and the balcony of the residential unit above.

The upper floor balcony differs from the traditional two-storey verandas on Cobargo’s main street in that it is embedded within the structure, has enclosed ends and sits under the main gabled roof of the building. It is not a separate structure that is fixed to the façade of the building with its own roof. The balcony includes metal elements that interpret rather than replicate the balustrades, posts and brackets of the timber verandas that exist on the street.

Roof forms

The previous building on this site was a single storey building that dated from the latter part of the twentieth century. It had two shallow gabled roofs facing the street and awnings over the street—one supported on posts and the other cantilevered of metal brackets.

The proposed Post Office is a two-storey structure and has one street facing gable. The gable end is shown as brick with a vent or decorative element at the apex. The roof pitch is 25 degrees compliant with the DCP. It is not dissimilar to that on the existing post office adjacent and the previous development on the site.

The single street-facing gable is reflective of the former shop that occupied the site.

As the site and building are narrow, the gable appears to be of similar width to the previous structure and the large gable over the former Grain Store that occupied the adjacent site. It is noted that most of the two storey nineteenth century buildings in the street have hipped roofs, but not all. The former Post Office Hotel (now demolished) was a two-storey nineteenth century building with large full width gables facing the street.

Modifying the roof pitch on the proposed Post Office would be acceptable but would increase the overall height of the building, thereby impacting the single storey ‘Market Hall’ adjacent. It is noted that the irregular shape of the site makes the proposed roof awkward from the rear. However, it is also noted that the rear portion of the building will not be visible from and will not impact Cobargo’s main street.

Solar panels

Solar panels are now shown on the northern roof slope only. There are no solar panels shown facing the street or on the southern roof slope. The solar panels are shown set well back from the street front edge of the roof and therefore would not be visible from across the street.

The panels may be visible from the north. They would be partially obscured by the existing post office located immediately uphill of the proposed building and would not be prominent due to the height of the roof above the ground. The roof pitch and dark colour of the roof would also minimise the visual impact of the solar panels from this view.

Figure 4 – Original Streetscape

Figure 5 – Proposed Streetscape

Staff Comment

· The design response from the applicant is more in keeping with the existing streetscape and heritage conservation area in terms of the building elements and choice of colours and materials.

· Landscaping has been incorporated into the design and the provision of street trees has been recommended as a draft condition of consent.

· The proposed development would incorporate a range of land uses that would make a positive contribution towards the recovery process and re-activation of the village centre.

· The development application has been assessed in accordance with the planning documents that were in effect at the time of lodgement being the Bega Valley Local Environmental Plan 2013 and Bega Valley Development Control Plan 2013.

REFERRAL RESPONSES

Access

The impact on the proposed access from the Princes Highway has been considered within the context of the site and previous land uses. The proposed design relies on a rear laneway access that would service this site and the neighbouring bushfire rebuild located immediately to south of the site for the new ‘Market Place’ building (DA 2022.364).

Matters for consideration included practical access for a B99 Vehicle (Ford Transit sized vehicle) and a detailed design has been provided that incorporates a portion of the land to the north to provide a practical solution in terms of vehicle movements and manoeuvring from the rear laneway for both developments.

A referral was sent to Transport for NSW and Council’s Development Engineer to review and conditions are recommended on the draft consent.

Summary

The proposed development incorporates a mixture of colours, materials and landscaping to soften the proposed development. The provision of street trees has also been recommended as a draft condition of consent. The overall bulk and scale of the building is not significant within the context of the existing streetscape and the other proposed bushfire rebuilds. The overall impact is reduced by the profile of the street, the existing post office building to the north and the proposed ‘Market Hall’ to the south.

The proposed design is in keeping with the objectives of the Bega Valley Local Environmental Plan 2013 and Bega Valley Development Control Plan 2013. The proposed building would incorporate land uses that would make a positive contribution towards the recovery process and re-activation of the village centre which is consistent with Council’s Commercial Land Strategy 2040, Residential Land Strategy 2040 and Local Strategic Planning Statement 2040.

Options

The following options are available to Council, in its consideration of this matter:

1. Approve the development application subject to the conditions of consent provided in Attachment 1. This is the recommended option.

2. Defer consideration of the matter and request a separate report identifying any relevant Section 4.15 matters for consideration and draft reasons for refusal.

3. Defer consideration of the matter and seek an alternative design to address any concerns raised (to be specified by Councillors).

Engagement planned

Those who made a submission will be notified of the Council resolution.

Financial and Resource Considerations

Assessing and determining development applications is part of the regular business of Council and resourcing to undertake that function is included in Council’s adopted 2023-24 budget.

Legal /Policy

Refusal of the development application could be subject to an appeal in the Land and Environment Court, which would have cost implications to defend Council’s position.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposed development is consistent with the following statements within the Bega Valley Local Strategic Planning Statement (LSPS).

Planning Priority 10: Character

Planning Priority 11: Housing

· Encourage residential development in sewered villages to provide more affordable housing options, minimise land use conflict and the support continued viability of villages.

Planning Priority 12: Town Centres

· Encouraging appropriate new development to locate within existing commercial areas in town centres.

Environment and Climate Change

A due diligence assessment has been undertaken and a notation would be placed on any approval to comply with these protocols.

Economic

The proposal involves a bushfire rebuild that would have a positive impact on the economy throughout the construction phase and contribute towards the activation of the main street of Cobargo.

Risk

The assessment of development applications is a core function of Council. There are no material impacts on Council’s operations associated with the proposed development. The potential impacts of the development have been addressed within the Section 4.15 Assessment and reinforced as part of the draft Conditions of Consent.

Social / Cultural

The proposal involves a bushfire rebuild and would play an important role in the recovery process with a benefit to the community of Cobargo.

Attachments

1 ⇩. Draft Consent

2 ⇩. Section 4.15 Assessment Report

3 ⇩. Development Plans

4 ⇩. Applicant's Heritage Impact Statement and Addendum

5 ⇩. Summary of Submissions

Council 23 August 2023

Item 8.3

8.3. 2021.1225 Proposed Composting Dairy Barn (Intensive Livestock Agriculture) - 139 Pearces Road, Greendale

Director Community Environment and Planning

Applicant	Scolexia Pty Ltd
Owner	Norman Pearce / Warwick Farms
Site	Lot 1 DP 749725, 139 Pearces Road Greendale,
Zone	RU1 Primary Production
Site area	383Ha (total area of farm enterprise)
Proposed development	Construction and operation of a dairy barn with robotic dairy system, amenities shed and associated effluent management system (Intensive Livestock Agriculture - Dairy Restricted)

Precis

Warwick Farms are proposing to construct a dairy barn to permanently shelter up to 360 dairy cows. The proposed development includes associated earthworks and construction of two effluent dams. The application is being reported to Council because the shed exceeds the height limit of 10m as prescribed in Clause 4.3 of the Bega Valley Local Environmental Plan 2013 (BVLEP 2013) by 68% and a Clause 4.6 variation under BVLEP 2013 to that height limit has been applied for.

The application also received two submissions objecting to the development.

Officer’s Recommendation

That Council:

1. Assume the concurrence of the Secretary of the Department of Planning and Environment in accordance with Circular PS 18-003 and pursuant to Clause 4.6 of the Bega Valley Local Environmental Plan 2013 and notify the Department accordingly.

2. Approve the variation to the height of building development standard, specified under Clause 4.3(2) of the Bega Valley Local Environmental Plan 2013.

3. Approve Development Application 2021.1225 subject to the conditions of consent provided in Attachment 1.

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

Executive Summary

Development Application (DA) 2021.1225 is being reported to Council for determination because the application seeks to vary the height limit development standard specified by the BVLEP 2013.

The reporting of this application to Council for determination is consistent with requirements under Planning Circular PS 18-003 as the variation sought is greater than 10% and therefore Council officers do not have delegation to determine the variation.

The development proposal has been assessed under Section 4.15 of the Environmental Planning and Assessment Act 1979 (Attachment 2). The variation to the height limit is considered to be moderate given that the visual impact is mitigated by the positioning of the structure in the middle of the farm’s existing operations with adequate setbacks to adjoining land under separate ownership.

The positioning of the dairy barn maintains and protects the existing rural landscape characteristics of the land, which is currently utilised for dairying purposes and includes existing farm shed and dairy. The site of the dairy barn is located low within the undulating topography thereby taking advantage of the topography and existing vegetation to screen it from surrounding public vantage points and adjoining residences.

The development aligns with Council’s adopted strategic direction that recognises the economic contribution to the local economy that milk processing activities provides to the Bega Valley, as reinforced in Council’s adopted Local Strategic Planning Statement (LSPS).

The proposed development is recommended for approval, subject to the conditions of consent provided in Attachment 1.

Background

The site is occupied by Warwick Farm enterprises that comprises farm residences, older dairy buildings, farm sheds and ancillary infrastructure. It currently runs approximately 250 head of dairy cows.

The site is located primarily in the RU1 Primary Production Zone, close to the southern edge of Biamanga National Park.

Description of the site

The entire farm enterprise covers an area of 383 hectares (see Figure 1). The site is undulating, approximately 90% is pasture with some forested land at the northern and eastern boundaries.

Figure 1 – Aerial photograph showing all lots in one ownership.

Description of the Proposal

The proposal comprises the construction and operation of a composting dairy barn with a robotic dairy system, amenities shed and associated effluent management system. The land use is characterised as Intensive Livestock Agriculture - Dairy Restricted, for the purpose of the BVLEP 2013.

Figures 2 to 5 detail the location and extent of the proposed structures and works for the construction and operation of the composting dairy barn and amenities shed and associated effluent management system.

A copy of the Development Plans is provided as Attachment 3 to this report.

Figures 2 and 3 – Location of proposed Dairy Barn & Effluent Ponds

Figure 4 – Floor Plan of proposed Dairy Barn

Figure 5 – Elevation. Note that total height above existing ground level will be 16.8m.

Planning Assessment

The proposal has been assessed in accordance with the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979.

The application was notified for a period of 14 days from 4 February 2022 to 18 February 2022 with 3 submissions received.

Two submissions objected to the development while the third was lodged by Crown Lands advising no objection to the development.

Bega Valley Local Environmental Plan 2013

Zoning and Permissibility

The development has been assessed in accordance with the relevant provisions of BVLEP 2013. The land is zoned RU1 Primary Production (see Figure 6).

Figure 6 – Zoning Map

The objectives of the zone are:

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

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

· To minimise the fragmentation and alienation of resource lands.

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

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

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

The assessment of the development application identified that the proposal would be consistent with zone objectives of the RU1 zoning.

The land use is characterised as Intensive Livestock Agriculture - Dairy Restricted, which is permissible with development consent.

Clause 4.3 Height of Building and Variation Request under Clause 4.6

The objectives of Clause 4.3 of the BVLEP 2013 are as follows:

(a) to retain the existing character and landscape of the locality and to encourage a low- set building form,

(b) to protect residential amenity, views, privacy, and solar access.

A 10 metre height limit applies to the site which is measured from ‘existing ground level’ to the highest point of the building.

Building height is defined as follows:

Building Height (or height of building) means—

(a) in relation to the height of a building in metres—the vertical distance from ground level (existing) to the highest point of the building, or

The dairy shed will have a finished maximum height of 16.8 metres above the existing natural ground level. It will exceed the 10 metre height limit for the site by 6.8 metres. A Clause 4.6 variation request to the 10 metre height limit was submitted with the application to support the request for variation of the height limit.

The concurrence of the Secretary of the Department of Planning and Environment can be assumed for the variation, in accordance with the provisions of the NSW Department of Planning and Environment Planning Circular PS 18-003.

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

· meets the objectives of the zone, and

· meets the objectives of the development standard, and

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

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

Council, as the consent authority, should also consider:

· whether contravention of the development standard raises any matter of significance for state or regional environmental planning, and

· the public benefit of maintaining the development standard.

A detailed assessment of the variation request is provided in the assessing officer’s Section 4.15 Assessment Report, provided as Attachment 2 to this report.

The Applicant’s Variation Request is provided as Attachment 4.

Objectives of the zone

The following objectives apply to the RU1 Primary Production:

Objectives of zone:

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

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

• To minimise the fragmentation and alienation of resource lands.

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

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

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

The proposed dairy barn shed is being considered within the context of an overall change in the way the 383 Ha farm operates from a traditional pasture based dairy operation to a very different method of farming, being a restricted dairy where the cows are concentrated in one location on the farm whilst the paddocks are generally used for crop/feed production, with minimal number of cows on pastures for stock welfare.

The change in herd management is considered to increase the milk processing capacity and supports the objectives of the zone that further strengthens the economic viability of the milk processing operations without compromising other land uses such as nearby farming and tourism.

Objectives of the Development Standard

The following objectives apply to Clause 4.3 height of buildings:

Clause 4.3 – Height of Buildings

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

(a) to retain the existing character and landscape of the locality and to encourage a low-set building form,

(b) to protect residential amenity, views, privacy and solar access.

The 10 metre height limit is designed to accommodate a range of farm buildings while maintaining a design height to reduce its visual impacts on the surrounding area. The site is located within an established rural area comprising existing shed and buildings for dairying purposes and some stands of older paddock trees and planted stands of vegetation.

The placement of the proposed barn would be adjacent to the existing cluster of dairy structures and farm equipment sheds that are already in use, to minimise any visual impact when seen from adjoining properties.

It is considered that the design and placement of the barn is consistent with the objectives of Clause 4.3 in that the additional structure would retain the existing character and landscape of the locality when viewed from public vantage points and protect the residential amenity, views, privacy and solar access of adjoining residences.

Whether compliance with the standard is unreasonable or unnecessary

The applicant has adequately demonstrated that compliance with the requirements of Clause 4.3 of LEP 2013 is both unreasonable and unnecessary for the following reasons:

· The development complies with the zone objectives despite exceeding the height control by 6.8 Metres (or 68%).

· The site of the development lends itself to the ability to vary the height control due to the development being able to achieve the objectives of the clause.

· The development is a standard barn height that is designed to maximise performance animals and animal welfare requirements of the cattle. It has been sited taking into consideration environmental and sustainability factors to minimise potential impacts. There are many of these systems in place across Australia, particularly Victoria.

· Sited at the bottom of a valley utilising the topography, vegetation (one side vegetated National Park) and significant separation distances to neighbouring residential dwelling (closest is 1.3km away) ensures the character of the area is maintained whilst protecting residential amenity, view, privacy and solar access - 4.6 Variation request – Pg1)

· Nearest objector is located 1.6km from the dairy. Nearest dwelling in different ownership is 1.3km to the west.

Figure 7 Elevations

Figure 8 Elevations - note height above existing ground level is 16.8m, building height measured from floor level is 15.2 m

Non-compliance with the height controls for this development is considered reasonable given the variation to the height would ensure an appropriate welfare outcome for the animals, by ensuring suitable air flow and ventilation.

The variation to the height control would not impact on the amenity of surrounding land uses, including dwellings in separate ownership to the west (being 1.3km away from the shed) and other pasture-based farming enterprises in the surrounding area.

Whether there are sufficient environmental planning grounds

The site has few environmental constraints. The proposal provides an opportunity to further develop the dairying capability and innovation of Warwick Farms. The proposed development is well articulated and consistent with the proposed design outcomes for the site. The application would require the upgrade and management of effluent from the dairy herd to ensure it is managed on-site, protecting the surrounding waterways.

Whether contravention of the development standard raises any matter of significance for the State or regional environmental planning?

The variation, whilst significant at 68% of the development standard, is largely the result of the specialised nature and requirements of the building’s function. The variation is not however considered to be a matter of significance for either state or regional environmental planning.

Is there public benefit in maintaining the development standard?

The site-specific merits of the proposal and the ability for the development site to fully contain the impacts of the height increase (in terms of overshadowing, visual impact and amenity to adjoining properties) means that varying the 10 metre height limit in this rural setting would not adversely impact the public in general. Maintaining the height of buildings development standard in this specific case would limit the scope of works and functionality of the building, and hence the ability for this primary production undertaking to be achieved.

Is the objection well founded?

The objection to the height limit is well founded and addresses all key considerations required under the Clause.

Development Control Plan 2013

The proposal has been assessed in accordance with Bega Valley Development Control Plan 2013. The application is considered to satisfy the design provisions for rural development as they relate to boundary setbacks and operation with adjoining land uses.

Design

The bulk and scale of the development is consistent with the requirements and guidelines outlined in ‘Dairy Feedpads and Contained Housing National Guidelines Second Edition’,

by Dairy Australia 2023.

Bega Valley Local Strategic Planning Statement

The proposed development is consistent with the following statements within the Local Strategic Planning Statement (LSPS):

Planning Priorities

• Innovation within the agriculture, forestry and aquaculture sectors continues as operators diversify to capitalise on new economic opportunities and are profitable and sustainable.

Future Directions

• Promote and prioritise the ‘right to farm’ over residential purposes in rural areas.

Whilst dairying is not specifically mentioned in a future direction, the LSPS acknowledges that:

‘the area is famous for its dairy industry and together, milk and beef make up 92.4% of total agricultural output for the Shire. Bega Cheese is the dominant milk processor and is instrumental in providing a significant level of expertise and reputation to the region.’

This application, if approved, supports the on-going viability and expansion of value-adding to milk production, which in turn generates economic multiplier effects within the immediate region.

Options

The following options are available to Council, in its consideration of this matter:

1. Approve the development application subject to the conditions of consent provided in Attachment 1. This is the recommended option.

2. Defer consideration of the matter and request a separate report identifying any relevant Section 4.15 matters for consideration and draft reasons for refusal.

3. Defer consideration of the matter and seek an alternative design that complies with the provisions of BVLEP 2013 and BVDCP 2013.

Community and Stakeholder Engagement

Engagement undertaken

Three submissions were received with two being objections. The issues raised are discussed below.

Submission One (objection from landowner of future dwelling site approved by BVSC)

This submitter raised several issues around the amenity impacts upon an approved future dwelling site (approved under concessional lot subdivision 2008.24, Stage 2 Proposed Lot F) including:

• Noise impacts associated with machinery/deliveries/livestock

• Light spill impacts from the barn

• Visual impact of the barn

• Odour impacts from its operation

• The need for an EIS

• Compliance concerns

Figure 9 – Location of future potential dwelling site - distance 1085m

Assessing Officer Response to Submission One

Noise

An acoustic report was not considered to be required given the separation distance of over 1km to the potential house site of the objector.

Light

Lighting within the dairy barn would comprise downlit LEDs from above which can be adjusted to wake stock before dawn and some hours beyond dusk at the discretion of the operator. The distances between the proposed barn and nearby residences is considered to provide an adequate buffer to avoid light disturbance.

Visual impact

The potential for a negative visual impact upon a future house site in a primary production zone is not a valid reason to request a re-location or a re-design of the development at a distance of over 1km away.

Odour

Odour emanating from dairying operations in this area would be consistent with existing dairying operations located at the site and by other nearby dairy operations. The applicant has adequately demonstrated a suitable proposed method of controlling effluent within the barn will be implemented and the necessary measures to adequately control odour that may be generated by the additional effluent from an increase in herd size have been addressed as part of the application.

The site already has areas where the existing dairy herd are restricted during various times of the day, such as milking sheds, with no complaints associated with odour generation being received by Council.

The significant upgrade of the existing on-site waste management system incorporating the replacement of the two effluent ponds to replace the existing one is considered an appropriate response to the increase in herd size.

Environmental Impact Statement

The application is not deemed as Designated Development under the provisions of Section 4.10 of the Environmental Planning and Act 1979 as the total herd numbers will be under the designated provisions that applies to herds over 800 head. The Environment Management Plan (EMP) provided by the Applicant is considered to have adequately identified the expected impacts of the development and measures to mitigate those impacts.

A copy of the Environmental Management Plan is provided as Attachment 5 to this report.

Compliance

Any compliance matters including breaches of conditions of consent are part of Council’s Day to day operations and will be managed accordingly.

Submission Two (objection from landowner of dwelling site 1.6km to the southeast)

This submission raised several issues around potential amenity impacts upon their existing dwelling, as well as questions in relation to the operation of the site, including:

• Where are the stockpile/compost areas?

• What happens if effluent ponds overflow / there is excess effluent due to intense or prolonged rainfall?

• How much stormwater runs into the effluent ponds?

• Further information is required regarding ground water data as proposed sites for mass mortality are not suitable.

Figure 10 – Location of dwelling site - distance 1665m

Assessing Officer Response to Submission Two

Stockpile Areas

The application identified that stockpiled material can be applied directly to pastures at an appropriate time and application rate, without needing intermittent storage. The stockpiled areas refer to storage management measures outlined in Table 4 of the EMP, which refers to any areas that may arise in the future. As material can be currently applied directly, a dedicated solids storage area has not been identified however should the need arise, an appropriate intermittent storage location will be sited away from sensitive areas and on a prepared bunded impermeable base.

Effluent Ponds/Excess Rainfall

The application detailed that the design of the effluent ponds included a wet weather storage capacity for when conditions do not permit irrigation at the site based on a soil moisture balance in the irrigation paddocks.

Stormwater/Effluent Ponds

The application detailed that effluent ponds will be constructed with raised embankments to divert overland stormwater away from the ponds, as described in the EMP. Rainfall directly entering the dam has been included in the calculations based on 50 years of meteorology data and is considered appropriate for the design of the effluent management system.

Groundwater Data/Mass Mortality Events

The EMP has appropriately detailed the processes in considering the potential for mass mortality disposal areas if a large number of cows become deceased or in the event of an emergency animal disease (EAD) situation.

The EMP detailed groundwater data was not available across the site, but test pit data from geotechnical investigations by Douglas Partners (2021) were provided as part of the application documentation. This data showed groundwater seepages mostly within the sandy residual soil zone or at the base of the topsoil in the sampled area in the immediate vicinity of the proposed barn location, and at depths ranging from 0.4m to 1.7m with moderate inflows. This may indicate localised constrained groundwater. In contrast, two irrigation bores (GW028555.1.1, depth 29m; GW029873.1.1, depth 27.4m) identified on the Bureau of Meteorology Groundwater Explorer for the site towards the southern edge of the property indicated that groundwater levels were at depth.

Having assessed the constraints of the site, any carcass burial is to be on suitable soils with a buffer of 2m to the highest seasonal groundwater levels. It is considered that the application has suitably addressed appropriate consideration of potential groundwater impact and pre-planning having regard to any potential mass mortality events.

Whilst the risk of such an outcome is low, it is appropriate to plan for such an event. In the event of an EAD or mass disposal event, the relevant state authorities would likely mandate/approve any mass disposal site.

Summary

It is considered that the objectors’ concerns have been adequately addressed by the design measures and various documents provided in support of the development application. It is expected that the proposed development would not cause undue amenity impacts upon adjoining lands beyond those expected in the normal carrying out of dairying operations in the primary production zone.

Essential Energy

Essential Energy provided comment and identified no safety concerns about the development. Standard advisory notes are to be placed on any development consent issued for the proposal.

Department of Primary Industries - Agriculture

The application was referred to the NSW Department of Primary Industries (DPI) - Agriculture. DPI Agricultural confirmed that the Applicant’s EMP was consistent with DPI’s Environmental Management Guidelines for the Dairy Industry 2008, noting that the required buffer distances to neighbouring dwelling houses had been achieved.

Financial and Resource Considerations

Assessing proposals for development is part of the regular business of Council and resourcing to undertake that function is included in Council’s adopted 2023-24 Budget.

Legal /Policy

Should Council resolve to refuse the application, the applicant has appeal rights to the Land and Environment Court under the provisions of the Environmental Planning and Assessment Act 1979, which would have cost implications to defend Council’s position.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Local Strategic Planning Statement 2040

This application, if approved, supports the on-going viability and expansion of the existing dairy operations at the site through value-adding to milk production, which in turn generates positive economic effects within the immediate region.

Environment and Climate Change

The impacts of the development on the environment have been assessed and detailed in the Section 4.15 Assessment Report. This application, if approved, would not have any additional adverse impacts on the environment or climate change.

Economic

This application, if approved, would assist in protecting the agricultural base of the Bega Valley Shire through farm managing processes and increasing milk production capabilities.

Risk

Social / Cultural

This application, if approved, will assist in providing employment within the Bega Valley Shire through increasing milk production capabilities.

Attachments

1 ⇩. Draft Conditions of Consent

2 ⇩. Section 4.15 Assessment Report

3 ⇩. Development Plans

4 ⇩. Applicant's Clause 4.6 Variation Request

5 ⇩. Applicant's Environmental Management Plan

Council 23 August 2023

Item 8.4

8.4. Advocacy for legislative change to support affordable housing development in the Bega Valley Shire

This report outlines the advocacy undertaken to date in relation to legislative change, definitions and support needed to deliver affordable housing in the Bega Valley Shire.

Director Community Environment and Planning

Officer’s Recommendation

That Council note the advocacy undertaken to date in relation to legislative change, definitions and support needed to deliver affordable housing in the Bega Valley Shire.

Executive Summary

Council staff and the Affordable Housing Implementation Group (AHIG) have been actively advocating to the state government for legislative change and advice on definitions to enable development of affordable housing in the Bega Valley Shire.

This report provides a summary of this advocacy, in response to the Council resolution of 26 July 2023 as follows:

1. That Council prioritises continued advocacy and any other possible actions to address the current legislative barriers to affordable housing in the Bega Valley Shire.

2. That staff investigate the legality and pathways available to make exceptions to the legislation regarding transportable homes in specific crisis situations for a defined and limited period.

3. That Council be provided with a report from staff outlining advocacy efforts made to date, any proposed legislative updates from the State government.

4. That Council seeks from the State government a clear definition of what constitutes a ‘moveable dwelling’ to include clarification of terms such as ‘portable device for human habitation’ and ‘tiny home’ under the current legislation.

Background

A key element of the Affordable Housing Strategy (AHS) is advocacy to the state government regarding a number of legislative changes to support the development of affordable housing. Additional areas of advocacy have been identified through the Affordable Housing Implementation Group (AHIG) and correspondence with the Social Justice Advocates.

The following advocacy actions have been undertaken to date:

· Council Mayor, CEO and Southern Cross Housing CEO meeting with Federal Member Kristy McBain to present a proposed social/affordable housing development in Rawlinson Street Bega

· Mayor and CEO met with Local Member for Bega Dr Michael Holland to support Land and Housing Corporation (LHAC) to active former Bega Tafe site for social housing.

· Advocacy letters from the CEO and Mayor were sent to the following Ministers on 26 May 2023 (with copies provided to Local Member for Bega Dr Michael Holland):

o Paul Scully, Minister for Planning and Public Spaces – topics included: the housing crisis, the need for greater flexibility and guidance regarding temporary and low cost housing including a clearer definition of moveable dwellings and how they can be approved and regulated; greater investment in planning; Short Term Rental Accommodation (STRA) review and guidance; better protection for tenants with respect to ‘no fault’ termination of leases; and Housing SEPP amendments (seniors housing)

o Tara Moriarty, Minister for Regional NSW – topics included: the housing crisis and the need for greater flexibility and guidance regarding temporary and low cost housing, including a clearer definition of moveable dwellings and how they can be approved and regulated

o Rose Jackson, Minister for Homelessness – topics included: the urgent need for investment in social housing and improvements needed to increase potential yield of social and affordable housing as part of government housing projects

o Ron Hoening, Minister for Local Government – topics included: skills shortages which are affecting development assessment

· Advocacy letter from CEO and Director Community, Environment and Planning, on behalf of the AHIG, was sent to Daniel Mookhey, NSW Treasurer regarding state legislation that governs social and affordable housing development, including the treasury requirement for Land and Housing Corporation (LAHC) to purchase land from other government agencies at market value.

· Letter to Aboriginal Housing Office from Director Community, Environment and Planning on 6 February 2023 regarding housing need and rental policy issues for the local Aboriginal community.

· Affordable housing was included as a key priority in Council’s Advocacy brochure ahead of the state and federal elections in 2019, 2020 and 2022, and the 2023 brochure and fact sheet. These were distributed to all candidates.

· Mayor, CEO and Director Community, Environment and Planning provided input into a range of advocacy letters and events through the Canberra Region Joint Organisation (CRJO), including meetings with Ministers. Topics included planning reform, moveable dwelling definitions, complying development and issues with the planning portal.

· A housing roundtable convened by Dr Michael Holland on 4 October 2022 was attended by the CEO and Mayor.

· Letters were sent to the Department of Planning and Environment and former Ministers Wendy Tuckerman and Anthony Roberts on 6 June 2022 regarding the limitations of the Regional Housing Fund in that it could not be used for projects that delivered residential buildings (that is, the funding could only be used for infrastructure).

· A motion was submitted to the Local Government NSW (LGNSW) conference in 2022 for increased investment in the development of affordable and social housing. A similar motion will be provided to Council at the August 2023 Council meeting for submission to the LGNSW 2023 conference.

· Affordable Housing advocacy was included in Council’s feedback on the state government’s draft South East and Tablelands Regional Plan and Regional Economic Development Strategy update (2022).

· The CEO and Director Community, Environment and Planning have participated in multiple meetings with Land and Housing Corporation (LAHC), Crown Lands and Landcom regarding potential affordable housing developments in the shire.

· The CEO and Director Community, Environment and Planning and staff met with Crown Lands officers regarding vacant Crown land in the shire that could be used for affordable housing in November 2022. LAHC, Southern Cross Housing and the three Local Aboriginal Land Councils (LALCs) were also involved in the meeting.

· Multiple conversations with Department of Planning and Environment regarding definition of ‘moveable dwelling’ and assessment pathways for ‘Same Day Granny Flats’ style structures.

· Multiple conversations with other councils, including through the CRJO General Managers Network, NSW General Managers Network and Local Government Planning Forum, regarding their experiences with moveable dwellings.

· Letters from the Mayor to Michael Sukkar (Federal Assistant Treasurer, Minister for Housing and Minister for Homelessness, Social and Community Housing) and Melinda Pavey (Federal Minister for Water, Property and Housing) were sent in August 2021 seeking support to address the critical lack of affordable housing in Bega Valley Shire.

The state government has recently advised that the Department of Planning and Environment will be issuing a Consultation Draft on minor amendments to the Housing SEPP and Local Government Regulations to better align the two pieces of legislation. They have also indicated they will be issuing a Discussion Paper next year on the role of Manufactured Housing Estates in NSW. It is expected there will be some changes to definitions proposed. The department also advised work is currently being undertaken on certification requirements of moveable dwellings.

Importantly, the Affordable Housing Strategy includes a range of other actions to support affordable housing development, including changes to our planning framework to support more diverse housing typologies in our existing towns and villages, including:

· The Bega Valley Local Environmental Plan 2013 has been amended to remove the site area restriction for residential flat buildings and multi dwelling housing in residential and mixed use zones. In addition, several other amendments have been progressed to allow multi dwelling housing in R2 zones and sewered villages, enable concurrent construction and subdivision of more than two dwellings at a time, permit some lots to be smaller than the minimum lot size in greenfield subdivisions and require that a proportion of dwellings in certain shop top housing and residential flat buildings are one-bedroom and two-bedroom apartments.

· An amendment to the Bega Valley Development Control Plan 2013 has also been progressed to reduce setback requirements to encourage smaller strata dwellings, and parking requirements for multi dwelling housing, residential flat buildings and shop top housing have been reduced to incentivise one-bedroom apartments.

The second 6-monthly progress report on the implementation of the AHS will be provided to Council at the 23 August 2023 meeting.

Council is also supporting a state government Closing the Gap Land Activation Roadmap project to deliver housing and land activation outcomes for the Eden LALC, and has prioritised and waived fees for a number of housing and tourism development applications for the Bega and Eden LALCs.

Options

There are no options associated with this report.

Community and Stakeholder Engagement

Engagement undertaken

Advocacy and engagement undertaken to date is outlined under the ‘Background’ section of this report.

In 2022 Council convened the AHIG to help monitor progress and implement the AHS. The AHIG meets quarterly. A number of sub-groups have been convened that meet as required to progress identified actions.

Engagement planned

Council will continue to advocate for legislative change, including clearer definitions to support moveable dwellings. The AHIG and subgroups will continue to meet.

Financial and Resource Considerations

A strategic planner has been dedicated to affordable housing work 3-days per week as per the AHS. General advocacy is undertaken as business as usual work. No additional financial or resource allocation is required to continue advocacy work.

Legal /Policy

There are no legal implications as a result of this report, however it should be noted that legislative change takes time and is the responsibility of the state government.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This report aligns with Council’s adopted Affordable Housing Strategy and Community Strategic Plan:

· Strategy A6: Acknowledge and collaborate with local groups to advance local priorities – environmental impact, community infrastructure, housing and economic growth.

· Strategy A9: Collaborate with relevant agencies and the private sector to increase the diversity and affordability of new and existing housing, particularly to meet the needs of our ageing population.

· Strategy E7: Council builds strong relationships with other organisations and levels of government to advocate for our communities.

Environment and Climate Change

There are no environmental or climate change impacts associated with the recommendation of this report.

Economic

There are no new economic impacts associated with the recommendation of this report.

Risk

There are no new risks associated with the recommendation of this report.

Social / Cultural

Having access to safe and affordable housing is a fundamental need that impacts on an individual’s ability to maintain employment, participate in society and form social connections.

There are no new social or cultural impacts associated with the recommendations of this report.

Attachments

Nil

Council 23 August 2023

Item 8.5

8.5. Affordable Housing Strategy implementation progress report

This report provides an update on implementation of the Affordable Housing Strategy from 1 January to 30 June 2023.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council note the progress made in implementing the Bega Valley Shire Affordable Housing Strategy in the period 1 January 2023 to 30 June 2023.

2. That Council note the key performance indicators (KPIs) in the strategy will need to be updated to reflect available data. Staff will report back to Council with new KPIs for adoption at a later date.

Executive Summary

The Bega Valley Shire Affordable Housing Strategy was adopted by Council in May 2022. It includes a commitment to report annually to Council and the community on progress against the strategies (actions) and KPIs adopted.

At the 21 September 2022 Council meeting, Council resolved to request 6 monthly reporting rather than annual. This is the second 6 monthly report, including progress from 1 January 2023 to 30 June 2023.

A number of KPIs were adopted as part of the Affordable Housing Strategy. Staff have subsequently found that data is not available for many of the KPIs. As such, staff are reviewing available data to determine updated KPIs that can be measured and tracked.

Background

Key progress from 1 January to 30 June 2023

A full list of progress against each strategy is at Attachment A, with the updates from 1 January 2023 to 30 June 2023 in bold font.

The below list includes a summary of the key achievements in the reporting period.

· Strategy 4: An advocacy letter from Council’s CEO was sent to Minister Rose Jackson, Minister for Homelessness regarding the need for urgent investment in social housing and improvements to increase the potential yield of social and affordable housing as part of government housing projects.

· Strategy 5: Investigation of sites suitable for future ‘pop up’ models of crisis or short-term accommodation underway.

· Strategy 5: Research into the Gosford Tiny Homes Foundation project and existing legislation has identified that existing planning controls permit similar projects to be approved as either multi-dwelling housing or a boarding house. Council is currently pursuing changes to the local planning system that would enable multi-dwelling housing in more areas, however this is yet to be finalised (Strategy 9).

· Strategy 5: The Affordable Housing Implementation Group (AHIG) homelessness subcommittee has met and collated information for promotion or distribution. Social media posts are planned to coincide with Homelessness week in August 2023 and a podcast project is being explored. A Department of Communities and Justice (DCJ) representative attended the June AHIG meeting and spoke about their New Assertive Outreach program based in Bega. This information has been distributed internally and has already seen some success. It is likely that improved reporting will assist DCJ to obtain more accurate numbers of homelessness in the shire.

· Strategy 6: The AHIG homelessness subcommittee is investigating options for the development of a pilot project for a brokerage scheme that matches suitable homeowners in larger, underoccupied dwellings with suitable tenants/lodgers targeting older woman.

· Strategy 7: Consultants have been engaged to deliver Bega and Wolumla structure plans that includes identifying land suitable for well-located smaller strata dwellings; project has commenced.

· Strategy 7: Bega Valley Local Environmental Plan 2013 has been amended to remove the site area restriction for residential flat buildings and multi dwelling housing in residential and mixed use zones.

· Strategy 7: An amendment to the Bega Valley Development Control Plan 2013 has been progressed to reduce setback requirements to encourage smaller strata dwellings and parking requirements for multi dwelling housing, residential flat buildings and shop top housing to incentivise one bedroom apartments.

· Strategies 7 and 9: Amendments to the Bega Valley Local Environmental Plan 2013 have been progressed to allow multi dwelling housing in R2 zones and sewered villages, enable concurrent construction and subdivision of more than two dwellings at a time and permit some lots to be smaller than the minimum lot size in Greenfield subdivisions.

· Strategies 12 and 17: A consultant was engaged in February 2023 to investigate the feasibility of an affordable housing contributions scheme. The project is well underway and the consultant has finished the research element of the project, which included areas identified in existing Council land use strategies, and commenced modelling.

· Strategy 18: An amendment to the Bega Valley Local Environmental Plan 2013 has been progressed to require that a proportion of dwellings in certain shop top housing and Residential Flat Buildings are one bedroom and two bedroom apartments.

· Strategy 23: A desktop review of all Crown land in the shire has been undertaken and a follow up meeting with Crown land officers has been held; staff have begun the classification process to identify suitable sites, expected completion by end September 2023.

· Strategy 24: Staff have commenced identification of potential upzoning locations within Bega, Eden and Merimbula (including rezoning, site ratio controls and height of buildings limits) to support density.

· Strategy 25: A commitment to work together to address affordable housing for Aboriginal people has been identified in the Draft Memorandum of Understanding (MOU) between Bega, Eden and Merrimans Local Aboriginal Land Councils and Council.

Disappointingly, amendments made to the Housing State Environmental Planning Policy (SEPP) by the NSW Government in May 2023 have created barriers to development of co-housing and boarding houses in urban areas as well as in-fill self-care housing for seniors.

· Strategy 10: The SEPP limits these development types to ‘accessible areas’ only and there is no land that fits this definition in the shire. As a result, co-living housing cannot be built and boarding houses in R2 Low Density residential zones are only allowed where the land is within 400m walking distance of E1 Local Centre and MU1 Mixed Use zones.

· Additionally, the change to the Housing SEPP significantly limits in-fill self-care housing for seniors consisting of at least 2 independent living units because the standards for access to facilities and services are extremely difficult to meet within the shire.

KPI progress

A number of KPIs were adopted as part of the Affordable Housing Strategy. Staff have subsequently found that data is not available for many of the KPIs. Research has commenced on alternative KPIs that relate directly to the aims of the strategy. Council has recently purchased Housing ID which is an on-line housing monitor that includes data directly relating to the provision of affordable housing in the shire. This product will be helpful in providing, measuring and tracking updated KPIs. Council staff have also been in touch with staff from Shoalhaven Council who have a similar affordable housing strategy and have found the same problems in reporting against similar KPIs. Shoalhaven advised they are reviewing their strategy soon and staff will monitor this project in relation to this issue.

KPI	Progress from 1 January 2023 to 30 June 2023	Comments
1. Number of affordable rental dwellings for very low and low income households created as a result of partnerships between Council and Community Housing Providers and/or the private sector	0	No new partnerships created however Council has been engaging with a number of organisations and state government agencies regarding potential future opportunities. Noting existing partnership with Southern Cross Housing and current proposed development in Bega
ii. Net change (loss/gain) in Social (Public and Community) Housing	SCH: -2 properties on last year’s numbers. SCH is currently seeking to replace the 2 leaseholds from the private rental market. Maintaining leasehold quota in the current environment has been challenging. It should be noted that reduction of numbers has only happened over the past 3 months and is only temporary. SCH is currently seeking to replace the leasehold losses. DCJ: updated data not available	Southern Cross Housing is currently preparing a development proposal for a site in Bega to provide 60+ social and affordable dwellings
iii. Number of affordable rental dwellings for very low and low income households created through other agencies or mechanisms, including DCJ – Housing and local Community Housing Provider	DCJ: updated data not available Current SCH stock as at 31/7/23: - Social capital: 39 - Affordable: 0 - Social leasehold: 39 - Social owned: 11 - Social crisis: 11
iv. Number of affordable housing dwellings for very low and low income renters and low income purchasers provided through the market	-	Data not readily available
v. Increase in supply of lower cost housing types/products created through the market	-	Data not readily available
vi. Reduction in local homelessness, including appropriate accommodation of people living temporarily with others, or living in inappropriate, unsafe or severely over-crowded accommodation	-	Data not readily available
vii. Reduction in the proportion of very low and low income households in housing stress	-	Data not readily available
viii. Retention of diverse income, age and employment groups in the LGA	-	Data not readily available

Options

This report is for information only, there are no options associated with the recommendations of the report.

Community and Stakeholder Engagement

Engagement undertaken

The Affordable Housing Strategy was endorsed by Council in May 2022 following an extensive public consultation process.

The Affordable Housing Implementation Group (AHIG) was established after an open expression of interest (EOI) process with members appointed by Council at the September 2022 meeting.

The AHIG has met in October 2022, December 2022, March 2023 and June 2023.

A number of sub-groups have been arranged to progress actions. Subgroups met as follows:

· Homelessness subgroup: 26 April 2023 and 31 July 2023

· Developer contributions subgroup: 4 July 2023

Engagement planned

The AHIG meets quarterly, the next meeting is scheduled for September 2023. Sub-groups meet as required to progress relevant actions.

Six-monthly reports will be provided to Council on progress against the strategy and KPIs.

Financial and Resource Considerations

There are minimal new financial or resource considerations based on the recommendations, however it is important to note that some actions in the Affordable Housing Strategy will require specialist consultants which are not currently budgeted. Legal /Policy

There are no new legal or policy considerations based on the recommendations of this report.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This report aligns with Council’s adopted Affordable Housing Strategy and Community Strategic Plan:

· Strategy A6: Acknowledge and collaborate with local groups to advance local priorities – environmental impact, community infrastructure, housing and economic growth.

Environment and Climate Change

There are no environmental or climate change impacts associated with the recommendations of this report.

Economic

There are no new economic impacts associated with the recommendations of this report.

Risk

There are no new risks associated with the recommendations of this report.

Social / Cultural

Having access to safe and affordable housing is a fundamental need that impacts on an individual’s ability to maintain employment, participate in society and form social connections.

There are no new social or cultural impacts associated with the recommendations of this report.

Attachments

1 ⇩. Affordable Housing Strategy Implementation Plan

Council 23 August 2023

Item 8.6

8.6. Grave Excavation, Maintenance and Related Services Request for tender (RFT) 2223-088

This report details the outcome of the evaluation of tenders received in response to Request for Tender (RFT) 2223-088 Provision of Grave Excavation, Maintenance and Related Services.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council accepts the recommendations outlined in this memo.

2. That Council accepts the Schedule of Rates Tender submitted by <insert> pertaining to the works outlined in tender RFT 2223-088 Grave Excavation, Maintenance, and Related Services. This approval is for a schedule of rates contract with an estimated annual ceiling value of <insert> (inclusive of GST). The costs associated with this contract will be subject to annual CPI adjustments over the life of the contract.

3. That authority is delegated to the Chief Executive Officer to execute all necessary documentation in relation to RFT 2223-088.

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

Executive Summary

This report details the outcome of the evaluation of Request for Tender (RFT) 2223-088 Provision of Grave Excavation, Maintenance and Related Services.

These contract works will cover grave excavation, plaque placement, ash interment and all related services across the 14 cemeteries of the Bega Valley Shire. The contract duration is for 3 years with 2 options to extend for 12 months each.

Background

Grave excavation is a specialised field that requires specific skills and a level of knowledge of the funeral industry along with the ability to relate and empathise with bereaved people. In some cases, the contractor will be required to liaise directly with family members on site.

Bega Valley Shire Council operates 14 cemeteries across the shire.

Works required under the tender include the excavation of single, double and in some cases triple depth graves and the closing of these gravesites after the commemorative service has been held, the interment of ashes in niche walls, memorial gardens and existing grave sites and the placement of plaques generally for those ash interments or lawn cemetery marking, and other works as requested by Council officers.

Across the 14 cemeteries the below listed services on average are anticipated to be required on an annual basis, although the level of service may fluctuate:

· Burials – 120

· Shored Burials – 20

· Ash Interments – 40

· Plaque placements – 50

Tenderers were asked to demonstrate their capacity to be available 7 days a week, 52 weeks a year, including weekend work and public holidays, and to supply all equipment including, but not limited to, all plant, signage, shoring equipment, limestone/disinfectant and safety covers.

The potential to deliver these services inhouse was explored in the development of the Cemetery Strategy 2020-2030 and was found to be unviable due to staffing, equipment and resource constraints. For example, Council would need to procure a 3T zero swing excavator, 1.6T mini excavator, 10.4T GVM tipper truck, 4WD tray back ute tipper, minor plant and equipment, and employ two permanent employees and a casual employee. Weekend penalty rates would also be required.

The procurement process has been carried out in accordance with standard Council procedure. The tender documentation RFT 2223-088 – Grave Excavation, Maintenance and Related Services was advertised on Wednesday 3 May 2023 via VendorPanel marketplace as an Open Tender. Tender submissions closed on Wednesday 24 May 2023. One submission was received and evaluated in accordance with the approved evaluation plan.

The results of the detailed evaluation of the tender submission are consolidated in the confidential memo attachment.

Options

· Option 1 – That Council accept the recommendation as outlined in the confidential memo attached. This is the recommended option.

· Option 2 – That Council decline the recommendation and advise staff of an alternate course of action. This is not recommended.

Note: The potential to deliver these services inhouse was explored in the development of the Cemetery Strategy 2020-2030 and was found to be unviable due to staffing, equipment and resource constraints.

Community and Stakeholder Engagement

Engagement undertaken

The Section 355 Cemetery Advisory Committee was notified of the tender process.

This tender was publicly advertised through Council’s online tender portal.

Engagement planned

Communication and consultation with the public, stakeholders and the s355 Cemetery Advisory Committee will be ongoing for the duration of the contract to ensure service levels are met.

Financial and Resource Considerations

The contactor’s expenses are funded through fees and charges. Pricing is in-line with current listed Fees and Charges.

The actual costs are dependent on the final number and type of burials for the year. Expenditure is offset by revenue through fees and charges with a small projected surplus on top of the operating budget to account for future projected asset renewal requirements in cemeteries.

Council staff salaries are paid from the general fund as agreed by Council in the adoption of the Cemetery Strategy 2020-2030.

Legal /Policy

The Local Government Act 1993 and Local Government (General) Regulations 2005 applies in relation to the transparent and effective management of the procurement of services and assets by Council.

Tenderers are to adhere to the Work Health and Safety Act 2011 (WHS Act), the Cemeteries and Crematoria Act 2013 and the Public Health Regulation 2012 – Part 8 Disposal of Bodies.

Due to the nature and community importance of this service, a Request for Tender was required in order to advertise and identify a suitable service provider for RFT 79/17 Grave Excavation, Maintenance and Related Services. In accordance with Council's financial delegations the tender is being reported to Council for determination.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

All works will be carried out in line with the Cemetery Asset Management Plan, Cemetery Strategic Plan and all Council policies and procedures associated with excavation and cemetery management.

CSP: Our public and private infrastructure and community services meet community needs.

D.1. Plan for community infrastructure and services that will meet current and future

needs.

D.2. Provide infrastructure and services to meet the needs of residents in our towns, villages

and rural areas.

Environment and Climate Change

The preferred tenderer has included an Environmental Plan in the attached tender document, outlining procedures and practices to be followed by staff and any subcontractors on site at all times.

Economic

Previous modelling undertaken during the development of the Cemetery Strategic Plan has identified that external contract management is the most cost and time effective option to carry out the grave digging and maintenance service for Council.

Risk

To address any potential risks to the contractor in carrying out works associated with this service, the successful contractor must follow the requirements of the WHS Act and Regulations and work in line with SafeWork NSW's Excavation Work Code of Practice 2015. The contractor will be required to place signage at the entrance of the cemetery during excavation works and ensure the area surrounding the grave is left secure for the Funeral Director.

Potential reputational risks such as works not being carried out to a high standard or within expected timeframes, or the contractor not conducting themselves in a manner that aligns with Council’s values, will be managed through the contract management process and liaison with the successful contractor.

Social / Cultural

Grave excavation and related maintenance is an important and essential service to the Bega Valley Shire enabling families to lay their loved ones to rest in a dignified manner. It is Council’s responsibility to ensure this service is carried out with the upmost respect and care now and into the future.

Attachments

1 . 2023.08.23 Confidential Attachment - RFT 2223-088 Grave excavation maintenance and related services (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

Although the above relates more explicitly to the discussion of closed business, it also forms part of the basis of justification as to why information relied upon in informing the public decisions made by Council are kept confidential. To consider this confidential material in open Council would be, on balance, contrary to the public interest (as defined in Section 14 of Government Information Public Access (GIPA) Act 2009) as it would potentially disclose private business information provided by tenderers in a confidential tender process and would also impact Council’s position in relation to its consideration, therefore impacting the tender process. This meets the requirements of Sect 10 D of the Local Government Act 1993 if Council were to close the meeting to discuss the details of individual tenderers.

Council 23 August 2023

Item 9.2

9.2. Request for Tender (RFT) 2223-091 Comprehensive Safety Review - 3 Dams

This report details the outcome of the evaluation of tenders received in response to RFT 2223-091 Comprehensive Safety Review – 3 Dams

Director Assets and Operations

Officer’s Recommendation

1. That Council accepts the recommendation in the attached confidential memo.

2. That Council accepts the tender from <insert> in relation to contract for the works described in tender RFT 2223-091, in the amount of <insert> (including GST), subject to variations and provisional sums in accordance with the approved budget.

3. That authority is delegated to the Chief Executive Officer to execute all necessary documentation in relation to RFT 2223-091

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

Executive Summary

This report details the outcome of the evaluation of RFT 2223-091 Comprehensive safety review- 3 dams, and the recommendations for Council consideration.

Background

BVSC own and are responsible for the safe operation of 3 declared dams:

1. Ben Boyd Dam

2. Yellow Pinch Dam

3. Tilba Dam

NSW Dam Safety Act 2015 and NSW Dam Safety Regulation 2019 require owners of declared dams to undertake a Comprehensive Safety Review of the dam structure and associated infrastructure every 15 years. The safety review must be undertaken by a dam engineering specialist.

The Comprehensive Safety Review for Ben Boyd Dam is due December 2023, for Yellow Pinch Dam, December 2024 and Tilba Dam, 2025.

It was decided to undertake an RFT to complete all three safety reviews over three years.

The Request for Tender (Consultancy Services) RFT 2223-091 was released for public tender via VendorPanel on Thursday, 25 May 2023. The tender closed on Wednesday, 21 June 2023, and conforming submissions were received via VendorPanel from six tenderers.

A late submission was received by another tenderer and was not considered for evaluation upon the recommendation of Council’s procurement team.

Submissions were evaluated in accordance with the tender’s approved evaluation plan, of which, the recommendations are detailed in the attached confidential memorandum. Evaluation criteria consisted of:

PROJECT VALUE:

Criteria	Weighting
Overall project cost	40%

PROJECT DELIVERY AND FUNCTIONALITY:

Criteria	Weighting
Proposed Methodology & Program	10%
Recognition of local outcomes, demonstration of support for local business and community enterprise	5%

PROJECT EXPERIENCE:

Criteria	Weighting
Experience completing similar projects	30%
References	5%
Work health and safety, quality and environmental management qualifications& experience	5%
Demonstrated capacity to undertake a project of this scale	5%

Options

1. That Council determine accept the recommended conforming tender outlined in the confidential attachment (preferred option)

2. That Council determine to decline all submitted tenders

3. That Council determine to accept an alternative tenderer

Community and Stakeholder Engagement

Engagement undertaken

No community engagement was undertaken as part of this report

Engagement planned

No further community engagement is planned in relation to this report

Financial and Resource Considerations

This project is budgeted as an operational project with fund’s sourced from Water reserves. $200,000 per year over next 3 years was allocated in forward planning estimates to cover these costs.

Item	$ Excl GST
Expenditure Detail
Comprehensive Safety Review x3	Budget $200,000 per year for 3 years


Total Expenditure

Source of Funds
Water Operations budget reserves	$600,000
Total income available

Total Project Operation Cost
Total Available Consultancy Funding
Project Funding Shortfall

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Capital Investment \| Renewal, Upgrade, New	Nil
Annual maintenance and operational costs	Nil
Depreciation costs	Nil
User charges (annual income)	Nil

Legal /Policy

The tender process was undertaken in accordance with Section 55 of the Local Government Act 1993 and Part 7 of the Local Government (General) Regulation 2005.

This tender is in response to the NSW Dam Safety Act 2015 and NSW Dam Safety Regulation 2019.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The project aligns with the Community Strategic Plan:

· C.1 Deliver and support integrated water management.

The project aligns with the Delivery Program and Operational Plan’s theme areas:

· C.1.1.2. Operate and maintain water supply and sewage network systems to meet health and environmental regulatory requirements and level of service objectives.

This project aligns with the requirements outlined in BVSC Dam Safety Management System (DSMS).

Environment and Climate Change

This project aims to maintain the BVSC owned and operated declared dams in a safe and satisfactory condition.

Economic

This project aims to achieve best value for services by combining the requirement of comprehensive safety reviews for all three dams into one contract.

Risk

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

Social / Cultural

Attachments

1. RFT 2223-091 Confidential Memo regarding RFT 2023-091 comprehensive safety review (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

Council 23 August 2023

Item 10.2

10.2. Report on Implementation of Council's Operational Plan

This half yearly review provides Council with a status update on the progress of delivering the 2022-23 Operational Plan.

Director Business & Governance

Officer’s Recommendation

That Council receive and note the 2022-23 Operational Plan progress report for the period 1 January 2023 to 30 June 2023.

Executive Summary

At 30 June 2023, 86% percent of the 2022-23 Operational Plan activities were listed as completed or on track at 30 June 2023. Eleven percent of activities were identified as off track and 3% of activities were withdrawn largely a result of resourcing challenges.

Background

The purpose of the Operational Plan reviews are to track the progress of activities outlined in Council’s adopted 2022-23 Operational Plan. With the 2022-23 financial year now concluded it is important to consider the progress achieved in delivering the activities Council had committed to.

A detailed update of the status and achievements for our Operational Plan activities has been organised by Community Strategic Plan outcomes and is provided in Attachment 1 to this report.

A range of corporate measures are recorded for analysis and reporting purposes. Attachment 2 provides several highlights captured for January to June 2023 period.

As part of the adoption of the 2022-23 Operational Plan (Resolution 124/22 on 29 June 2022) a new operational plan action was added.

Action: Develop and adopt an advocacy plan to address the financial impacts on Council from decisions of other levels of government including inadequate distribution of tax revenue and cost shifting.

Progress Comment: Council has compiled an ‘Advocacy Approach’ to guide advocacy efforts and continues to advocate for the needs of the Bega Valley community. Several motions are to be submitted to the Local Government NSW Annual Conference in November this year (see separate report to this meeting of Council). Council has written to each Minister in the new NSW Labour Government advocating for a range of matters that impact our community. The Mayor and CEO also met with several Ministers in Sydney as part of a CRJO advocacy initiative.

Options

There are no options presented for this receive and note report on the Operational Plan progress update.

Community and Stakeholder Engagement

Development of the Operational Plan and budget each year includes regular community engagement. Reporting at six monthly intervals provides accountability towards achieving the plan.

Publishing this report supports information being made available to the public regarding progress. The Business and Governance team utilise support from the communications team to develop rolling media coverage of IPR reporting across all platforms and social media posts on Council’s Facebook.

Engagement undertaken

Hardcopies of our Integrated Planning and Reporting documents are available to view at Council’s Bega office as well as Council’s Libraries at Bega, Bermagui, Eden and Tura Beach. All adopted documents and progress reports can be found on Council’s website.

Engagement planned

Attachment 1 and 2 of this report is recommended to be published and available on Council’s website. It also becomes an attachment to Council’s annual report that is required to be submitted to the Office of Local Government by 30 November.

Financial and Resource Considerations

The audit of our financial statements for the 2022-23 financial year is currently being undertaken. This progress report along with the audited financials will form appendices to the 2022-23 Annual Report.

Fulfilling the requirements of Integrated Planning and Reporting Framework outlined in the Local Government Act 1993, is delivered as an operational function within the Business and Governance directorate.

Legal /Policy

Chapter 13 of the Local Government Act 1993 requires Council to report half yearly on the status of delivering the Operational Plan.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The 2022-23 Operational Plan was developed to align with the adopted Community Strategic Plan 2042, Delivery Program 2022-25 and Resourcing Strategy 2022-25 including the Long-Term Financial Plan. Progress reporting is a business-as-usual activity within the Corporate Planning service area.

The projects that have been identified as withdrawn or off-track have not been completed in this financial year. Many of the withdrawn activities are a result of resourcing challenges or broader operational decisions to delay works. In most instances the tasks listed as off-track have been included for delivery in the 2023-24 Operational Plan.

Environment and Climate Change

There are no direct environment and climate change implications associated with presenting this receive and note report.

Economic

Council and its expenditure has a significant economic impact on the Bega Valley. The preparation and publishing on our progress towards the implementation of the annual Operational Plan provides a line of sight between funding (budget) and delivery (operational plan actions) informing our community on Council’s contribution and commitment as a provider of a variety of public services.

Risk

Preparation of this Operational Plan progress update has not identified any significant strategic risks associated with delivery of our programs, projects and services. Operational risks that have the potential to impact delivery of our Operational Plan actions are managed by the leadership group and considered at weekly and monthly meetings, including appropriate risk mitigation and management actions.

Social / Cultural

The receive and note recommendation of this Operational Plan progress report does not have any negative social or cultural impacts. Associated funding and adjustments to the budget for delivery of our various services are reflected in the notes provided by responsible officers.

Attachments

1 ⇩. Operational Plan Progress Report - 1 January 2023 to 30 June 2023

2 ⇩. Progress Report Corporate Measures - January to June 2023

Council 23 August 2023

Item 10.3

10.3. Youth Space building in Bega

The licence agreement for Police Community Youth Club (PCYC) to occupy part of the Youth Space building at 91 Gipps Street, Bega expires on 31 August 2023 and Council direction is sought regarding the future use of the facility.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the report.

2. That Council maintains vacant possession of the Youth Space building at 91 Gipps Street, Bega, formalising any short-term use of the building to community groups under a hire agreement until budgeted capital improvements to the building are complete.

3. That Council progresses building alterations and improvement identified in the report dated 23 August 2023 to enable future use of the building as office accommodation for Council purposes.

4. Following completion of building alterations and improvement, if the building is identified as surplus to Council needs for office accommodation a public Expression of Interest process to be conducted by Council officers and the results presented back to Council for consideration.

5. That Council make an application to the 2023-24 Crown Reserves Improvement Fund Program for any funding short fall to allow building alterations and improvement to be completed.

6. That Council authorise the Chief Executive Officer to execute the necessary documentation to formalise the above course of action.

Executive Summary

The current licence agreement to the Police Citizens Youth Club (PCYC) for their occupation of the Youth Space building is due to expire on 31 August 2023 and the building has been allocated funding under the building capital works budget for the 2023/2024 financial year.

Council direction is requested to maintain vacant possession of the Youth Space building so building alterations and improvement can be progressed to repurpose the facility for office accommodation purposes.

Background

Council resolved at its Ordinary Meeting of 12 June 2013, when considering the future occupation of 91 Gipps Street, Bega, as follows:

1. That Council confirm ongoing, in principle support, for the Bega Youth Space and the Far South Coast PCYC project.

2. That Council resolve in principle to enter into a ten year crown licence for the Bega Youth Space, with no option, with Police Community Youth Club (PCYC) for the statutory annual minimum rental with an increase by CPI annually.

3. That the Mayor and General Manager be authorised to execute the necessary documents.

4. That in accordance with the requirements of the Crown Lands Act, Council obtain the Minister’s consent to the new licence.

The Youth Space building is located within the Zingel Place (R97856) Reserve of which Council is appointed Crown Land Manager. Reserve R97856 has a gazetted reserve purpose of public recreation and parking, and additional purpose of community purposes was added by notification published in the Government Gazette dated 2 August 1985.

Following the resolution of Council, officers issued a Crown licence agreement to the Police Citizens Youth Club (PCYC) for their occupation of the Youth Space building which commenced on 1 September 2013 and expires on 31 August 2023. PCYC’s occupation is for only part of the Youth Space building as shown in the below diagram outlined by the dark blue shading.

Figure 1 – diagram showing PCYC licensed area within the Youth Space building.

During the tenure period Council has shared use of the Youth Space building for community programs and casual bookings.

The Youth Space building is listed as a local heritage building and development consent 2008.712 approved alterations and additions for the existing use as a community facility – youth services.

Options

The options available to Council are:

1. Approve the recommendation provided by Council officers to maintain vacant possession of the Youth Space building with an aim to progress building alterations and improvement to enable use for office accommodation.

2. Conduct a formal expression of interest (EOI) process for the occupation of the Youth Space building. Noting the property can only currently be used as a community facility – youth services which limits responses and Councils ability to charge commercial rent for the building.

3. Other options raised and resolved by Councillors.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have consulted with representatives from PCYC to advise of the alternative purposes for the building proposal and that at this stage could not confirm ongoing use of the building post December 2023.

PCYC have indicated they would like to continue their use of the bottom level of the Youth Space building on a casual basis once or twice a week and then for 3 days during the first week of the September school holidays 2023.

Additionally, Council library services will continue to use the space for programs and casual bookings until the building alterations and improvement commence.

Engagement planned

In accordance with the provisions of section 47 of the Local Government Act 1993 (LG Act), if Council proposes to grant another tenure arrangement in the future, it must:

• Give public notice of the proposal (including on the Council’s website).

• Exhibit notice of the proposal on the land to which the proposal relates.

• Give notice of the proposal to such persons as appear to it to own or occupy the land adjoining the community land.

• Give notice of the proposal to any other person, appearing to the Council to be the owner or occupier of land in the vicinity of the community land, if in the opinion of the Council the land the subject of the proposal is likely to form the primary focus of the person’s enjoyment of community land.

Financial and Resource Considerations

The Youth Space building has been allocated $174,000 under the building capital works budget for the 2023/2024 financial year to upgrade the building.

Council will be required to lodge a change of use development application to enable the building to be used for office accommodation purposes. It is proposed that Council will lodge the change of use development application with Disability Discrimination Act (DDA) compliant plans for the ground floor internal fit out and investigate the potential use of a modular commercial office at the rear of the site.

Additionally, once the cost of the proposed work is known, Council officers will make an application through the 2023-24 Crown Reserves Improvement Fund Program (CRIFP) for any project shortfall.

Legal /Policy

Under the Crown Land Management Act 2016 (CLM Act), Council Crown land managers (CLMs) administer Crown land under the public land provisions of the LG Act, therefore Council is not required to have a tenure arrangement in place for the Youth Space building if it is being used for Council purposes.

For all Crown land that is classified as community land, Council is required to have an adopted plan of management (PoM) in place. Under the LG Act, leases, licences and other estates can only be issued on land that is classified as community land where an expressed authorisation is provided in an adopted PoM.

Prior to the adoption of a PoM for Crown land, Council CLMs can grant leases and licences in certain circumstances, as set out in clause 70 of the Crown Land Management Regulation 2018 (CLM Regulation). Under the CLM Regulation, if a lease or licence was in effect prior to 1 July 2018, and the proposed tenure does not add permitted uses that were not in the existing lease or licence, Minister’s consent is not required.

To ensure use and occupation of the Youth Space building is appropriate moving forward, the following has been considered:

· Compliance with the legislation, related policies, and guidelines

· Compatibility with the reserve purpose of public recreation, parking, and community purposes

· Native Title rights, and

· Aboriginal land claims.

In line with Independent Commission Against Corruption (ICAC) Guidelines, to maintain transparency and avoid any suggestion of impropriety, Council officers recommend that a further EOI process be conducted if the building is to be leased in the future to a third party.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Delivery Program E5.5 - Develop and manage Council’s owned and managed land portfolio.

Operational Plan Activity - E5.5.1 Evaluate current and future operational needs and develop creative property strategies, responses, and solutions that enable Council to deliver its property and facility services to the community.

Delivery Program: D2.4 - Construct (upgrade or renewal) civil assets/infrastructure.

Operational Plan Activity - D2.4.1 Capital works program for 2023-24 delivered.

Environment and Climate Change

There is no environment and climate change matters associated with the proposed occupation of the Youth Space building.

Economic

The proposed building alterations and improvement will increase the usability of the building which will increase the economic benefits available to Council for this building asset.

Risk

There are no adverse risks in Council maintaining vacant possession of the Youth Space building and converting its use for office accommodation as Council is CLM of the reserve and the proposal complies with the reserve purposes.

If a public EOI process to locate a tenant for the Youth Space building is conducted in the future any new tenancy will need to consider Native Title legislation. Council officers will be required to undertake a Native Title assessment and send notification to NTS Corp regarding a proposed new tenure arrangement as it may affect Native Title interests in the reserve. When exercising powers provided by the transitional arrangements under the CLM Act, Council CLM’s must obtain written advice from a qualified Native Title Manager that the proposed lease complies with the Native Title Act 1993 (Cth).

Social / Cultural

There may be some social/cultural impacts associated with the proposal to repurpose the Youth Space building as it would no longer be available for community use, however there are several alternative venue options in Bega that offer free or low-cost meeting rooms.

Attachments

1 ⇩. Council report dated 12 June 2013 - Police Community Youth Club

Council 23 August 2023

Item 10.4

10.4. Bermagui VIC licence agreement renewal

The Visitor Information Centre licence agreement at Bermagui Community Centre expired on 30 June 2023 and Council approval is being sought for the renewal of the agreement to the existing licensee, Bermagui Area Chamber of Commerce and Tourism.

Director Business & Governance

Officer’s Recommendation

1. That Council approve a further three (3) year licence to Bermagui Area Chamber of Commerce and Tourism for their continued occupation of space within Bermagui Community Centre for a commencing rental of $18,000 plus GST per annum less a rental rebate of 75%. This equates to a starting rental of $4,500 per annum plus GST indexed annually by CPI.

2. That Bermagui Area Chamber of Commerce and Tourism be responsible for the payment of all costs associated with the extension of tenure.

3. That Council revoke point 7 of resolution 21/21 from the Ordinary Meeting of 17 February 2021 to make an application to NSW Department of Industry – Lands and Water for an investigation to be undertaken to create a reserve over Lot 2 DP 1102635 and for Council to be appointed as the Crown Land Manager of the reserve to eliminate the annual land lease fee.

4. That Council continue to pursue Crown Lands regarding a rental waiver on the annual Crown Land Lease 379337 fee on the basis that Crown Land Manager status cannot be progressed without a Native Title certificate and Crown Lands are not issuing Native Title certificates.

5. That Council authorises the Chief Executive Officer to execute all necessary documentation to provide the extension of tenure and applications to Crown Lands as required.

Executive Summary

The Visitor Information Centre (VIC) licence agreement at Bermagui Community Centre expired on 30 June 2023. Council officers are proposing to renew the agreement with the existing tenants, Bermagui Area Chamber of Commerce and Tourism for a period of 3 years. Following this a formal Expression of Interest (EOI) process for the occupation of office space within Bermagui Community Centre will be carried out for the entire centre to align all tenancy arrangements within the facility.

Background

Council resolved at its Ordinary Meeting of 29 April 2020, when considering the VIC licence agreements at Bermagui and Eden, as follows:

1. That Council approve a further three (3) year licence to Bermagui Area Chamber of Commerce and Tourism for their continued occupation of space within the Bermagui Community Centre, for the Crown Lands minimum annual licence fee commencing from 1 July 2020.

2. That Council approve a further one (1) year licence to Eden Tourism Incorporated for their continued occupation of space within the Eden Gateway Centre, for the minimum annual licence fee as per Council’s Fees and Charges commencing from 1 July 2020.

3. That authority be delegated for the Mayor and General Manager to execute the above licence agreements.

Following the resolution, Council entered into a 3-year licence agreement with Bermagui Area Chamber of Commerce and Tourism which expired on 30 June 2023.

Council is the owner of the Bermagui Community Centre building which is located on Crown Land leased by Bega Valley Shire Council. Under the terms of the lease, Council is required to pay Crown Lands an annual lease fee. In determining the annual lease fee payable by Council, Crown Lands obtain a market valuation for the land, with a rebate of $30,000 per annum provided to Council on the basis that part of the Community Centre provides facilities for the benefit of the general community. The Crown Land Lease 379337 fee for the 2023 financial year was $23,026.53.

At Council’s Ordinary Meeting of 17 February 2021, Council resolved to make an application to NSW Department of Industry – Lands and Water for an investigation to be undertaken to create a reserve over Lot 2 DP 1102635 and for Council to be appointed as the Crown Land Manager of the reserve to eliminate this annual land lease fee.

Council obtained Native Title advice regarding the proposal to be appointed Crown Land Manager which outlined that Council’s application for Crown Land Manager be conditional upon a Native Title certificate being issued by the Minister. Crown Lands advised on 6 May 2021 that Crown Lands are not currently issuing Native Title certificates and the Minister is not obliged to under the legislation.

Council has requested a rental waiver on the basis that Crown Land Manager status cannot be progressed without a Native Title certificate and Crown Lands are currently not issuing Native Title certificates but is yet to receive any rebate off the annual market rent payable.

Additionally, Council requires Crown Lands consent to issue sub-licence agreements to building uses, consent for the issue of licence agreements to Bermagui Historical Society, Four Winds and Southern NSW Local Health District was requested on 16 April 2021 and on 10 June 2022 Council was advised the application to issue tenure to Four Winds was refused. Crown Lands charged $876 in fees to assess sub licence arrangements.

Following liaison between Council and Crown Lands staff, advice was received on 21 June 2022 for the lease permitted use to be amended to reflect up to date and current activities to allow the sub licence to Four Winds to be approved, as the original lease permitted use commencing 2008 is outdated. To date this has not been finalised by Crown Lands and Council officers continue to follow this up.

Options

The options available to Council are:

1. Approve the recommendations provided by Council officers.

2. Resolve to provide Bermagui Area Chamber of Commerce and Tourism with a reduced rental as determined by councillors. Noting Bermagui Area Chamber of Commerce and Tourism are currently paying $631.40 (plus GST) per annum for their occupation of space within the Bermagui Community Centre.

3. Carry out an open and transparent EOI process for the occupation of office space within Bermagui Community Centre and report the results back to Council.

4. Maintain vacant possession of the space for Council purposes. Noting this option will require the identification of funds to undertake necessary planning for the use of the building and ongoing maintenance and operational budgets.

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

Community and Stakeholder Engagement

Engagement undertaken

Council Officers have consulted with the existing tenants, Bermagui Area Chamber of Commerce and Tourism regarding the licence renewal, and they indicated they would be prepared to renew the licence on the basis that the same terms and conditions apply.

Notification of the rental rebate application results and a copy of the market rental valuation report have been sent to Bermagui Area Chamber of Commerce and Tourism. However, at the time of writing this report we have not received confirmation of receipt of our advice from Bermagui Area Chamber of Commerce and Tourism.

Engagement planned

If approved, further consultation with Bermagui Area Chamber of Commerce and Tourism and Crown Lands will be required.

Financial and Resource Considerations

In accordance with Council’s Management of Leases and Licences Procedure, an updated market rental assessment was commissioned by Council in July 2023 for the footprint of the licenced area. The rental assessment indicates a starting rental figure in the order of $18,000.00 plus GST per annum and Bermagui Area Chamber of Commerce and Tourism submitted a rental rebate application. The application was assessed in accordance with Council’s Rental Assessment and Rebate Procedure and evaluated by a panel using the matrix contained in the procedure. The rental rebate has been assessed as 75%, therefore the total rent payable by Bermagui Area Chamber of Commerce has been calculated at $4,500 plus GST per annum indexed annually by CPI.

The VICs within the shire continue to receive funding from Council from the Tourism SRV. The 2023-2024 annual contributions to the Bermagui VIC is $28,502.66 (excluding GST).

Council officer time will be required to arrange execution of the new licence agreement and ongoing management of the licence agreement will also require Council officer resources as required.

Legal /Policy

The consent 2004.151 for alterations and additions to the Bermagui Hall for the purpose of a ‘Community Facility and Public Building’ defines the land uses allowable on the site. The applicable use definitions are per previous Bega Valley Local Environmental Plan 2002 (LEP 2020) as follows:

“Community facility means a building or place owned or controlled by a public authority or a body of persons associated for the purpose of providing for the physical, social, cultural, economic or intellectual development or welfare of the local community, but does not include a building or place (other than a club) elsewhere specifically defined in this Dictionary.”

“Public building means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, a council or an organisation established for public purposes.”

As per the above LEP 2002 definitions, renting the rooms out for commercial office purposes is not in line with the approved uses, being of a public nature for “intellectual development or welfare of the local community”.

In line with Independent Commission Against Corruption Guidelines, to maintain transparency and avoid any suggestion of impropriety, Council officers have considered whether direct negotiation with the current occupant is appropriate in this instance. It is recommended that an expression of interest process not be conducted for the following reasons:

· The proposed licence agreement is to be granted to a not-for-profit community group who have a voluntary management committee comprising of local representatives

· The Bermagui Area Chamber of Commerce and Tourism has occupied the site since 2007 and are well established in the Bermagui Community Centre

· An Expression of Interest (EOI 2021-62) process was carried out for the occupation of office space within Bermagui Community Centre in 2021, with those tenancy arrangements due to expire in February 2026, Following that date, a further EOI process will be conducted and Bermagui Area Chamber of Commerce and Tourism will be required to apply

· The Bermagui Community Centre is currently not at full capacity

· The VIC provides benefits to the Bermagui township, surrounds and shire as a whole

· The site is close to the central business district and provides no commercial competition to other business located nearby

· Council property officers are required to complete pecuniary interest returns annually and no conflict of interest has been disclosed.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Delivery Program E5.5 - Develop and manage Council’s owned and managed land portfolio.

Environment and Climate Change

There are no environment and climate change matters associated with the report.

Economic

The licence agreement to Bermagui Chamber of Commerce and Tourism provides a small economic benefit to Council and the community. The annual licence fee goes towards the costs of operating and maintaining the Bermagui Community Centre facility.

Risk

There are no adverse risks in allowing the building to be occupied by the current tenants if the use is authorised by way of a formal licence agreement which contains appropriate indemnity and insurance clauses.

Social / Cultural

The Bermagui Chamber of Commerce and Tourism works towards protecting and promoting the interests of local business, keeping Bermagui and its surrounding areas ‘on the map’ and supporting the community.

The Bermagui Area Chamber of Commerce and Tourism is a not-for-profit organisation led by an executive committee, all of whom are local business owners and contribute their time on a voluntary basis for the benefit of the town and the shire.

The Bermagui Area Chamber of Commerce and Tourism is fully accredited by Destination NSW.

Attachments

1 ⇩. Council report dated 29 April 2020 - VIC licence agreement renewals

2 ⇩. Council report dated 17 February 2021 - EOI 2021-62 - Occupation of Office Space within Bermagui Community Centre

3 . Walsh and Monaghan valuation report for office space within Bermagui Community Centre (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

Council 23 August 2023

Item 10.5

10.5. Local Government NSW (LGNSW) Annual Conference 2023 - Motions

The Local Government NSW Annual Conference (LGNSW) will be held at the Rosehill Gardens Racecourse, Sydney from Sunday 12 November to Tuesday 14 November 2023 and is the pre-eminent policy making event for the Local Government sector in NSW.

Chief Executive Officer

Officer’s Recommendation

That Council:

Determine whether it intends to submit any motions to the 2023 Local Government NSW Annual Conference

Executive Summary

Each year, member Councils across NSW submit a range of motions to the Annual Conference conducted by Local Government NSW (LGNSW). These motions relate to strategic local government issues which affect members state-wide and introduce new or emerging policy issues and actions. They are debated and resolved by Conference delegates, with successful resolutions guiding LGNSW’s advocacy priorities for the year ahead.

Council is a member of LGNSW, the peak Local Government body in NSW.

Background

Criteria for motion submission

The LGNSW Board has resolved and advised Council that motions will be included in the Business Paper for the Conference only where they:

1. are consistent with the objects of LGNSW (Rule 4 of the Association’s rules).

2. relate to or concern local government as a sector in NSW and/or across Australia,

3. seek to establish or change policy positions of LGNSW and/or improve governance of the Association (noting that the LGNSW Board is responsible for decisions around resourcing any campaigns or operational activities, and any necessary resource allocations will be subject to the LGNSW budgetary process),

4. have a lawful purpose (a motion does not have a lawful purpose if its implementation would require or encourage non-compliance with prevailing laws),

5. are clearly worded and unambiguous in nature, and

6. do not express preference for one or several members over one or several other members.

Motions adopted at Conferences inform LGNSW’s advocacy actions on behalf of the local government sector. LGNSW includes the exact wording of motions when writing to Ministers, departments and agencies post-conference, so it is important that the wording of motions clearly outlines your council’s policy intent or objective.

The format of motions, as much as possible, should call on a specific body (e.g. LGNSW, state government, federal government, a specific department or minister) and have a specific outcome that the motion is aiming to achieve. The wording should be unambiguous.

Motions must also be accompanied by evidence for example an extract from Council Minutes that Council has resolved to submit the motion to the LGNSW Conference and members are encouraged to submit motions by Friday 15 September 2023. The latest date motions can be submitted for inclusion in the conference business paper is Sunday 15 October 2023.

Full details on the submission of motions can be found at: Motions | Local Government NSW | Annual Conference (lgnswconference.org.au)

A copy of the report and motions council considered at last year’s conference is attached to this report for reference. A list of Bega Valley Shire Council supported motions and responses to supported motion resolutions received from the conference is also attached along with a full list of resolutions.

It is not considered worth repursuing motions that have already been passed at conference and form part of the current LGNSW policy platform. However, there were some previous motions which do not currently appear to form part of the advocacy platform which may be worth repursuing as follows:

· Audit arrangements

· Lease termination provisions

· Doctor servicing of hospitals

· Funding of pensioner rebates

· Grants

· Roads and bridges

· Skills shortages

In addition, a number of other topics that may be worth considering forming into motions are as follows which are not currently in the 2022 LGNSW policy platform:

· Red Fleet assets

· Funding role of Local Emergency Management Officer

· Finalisation of regional roads classification

· Contributions from NSW Forestry for rural road maintenance along their haulage routes

· Grant program for forward planning and strategic related work

· Support for more joint-use facilities

· Purpose, role/future direction of NSW Reconstruction Authority

· Renewable energy infrastructure mapping portal data to be used to drive investment

· Koala Plan of Management

· Councillor misconduct review

· exemptions for biodiversity offset for local community infrastructure on public land

· Rating of unrateable land

· Prioritisation of aboriginal land claims

· The defined and required specific skills for Visas to work in regional communities is being compiled by Home Affairs and Invest NSW and doesn’t reflect what is needed in the regions

· Advocate for changes to the Building Code of Australia to consider climate change

· Work with neighbouring councils to advocate for greater funding to homelessness services and infrastructure to support increase in vulnerable people within the area.

· advocating for ongoing funding for Landcare and restoration of on-farm revegetation funding programs.

· Advocate for increased accessible public housing and home modifications in regional NSW

· Advocate for delivery of accessible and affordable transport equity and other services in regional NSW

· Advocate for delivery of accessible and affordable transport equity and other services in the Bega Valley Shire

· Affordable Housing Strategy related actions

· Advocate for improvements to freight connectivity to the Canberra Airport to access growing international export markets.

Options

Council may resolve to either submit motions or not, should council decide it intends to submit motions there is still time available to formulate content of motions.

Community and Stakeholder Engagement

There has not been any engagement on this report other than in relation to this report.

Financial and Resource Considerations

There are no financial and resource considerations associated with this report.

Legal /Policy

There are no legal policy implications associated with this report.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

It is appropriate Bega Valley Shire Council is represented at the LGNSW Annual Conference. This Conference has been listed in the Operational Plan for attendance by Councillors and the Chief Executive Officer on an annual basis.

Environment and Climate Change

There are no Environment and Climate Change implications associated with this report other than where outlined in respective motions.

Economic

There are no Economic implications associated with this report other than were outlined within respective motions.

Risk

There are no Risks associated with this report other than the potential missed opportunity to influence change across the local government sector.

Social / Cultural

There are no social/cultural issues pertaining to this report other than as outlined within respective motions.

Attachments

1 ⇩. 2022.08.17 Council reoprt - Local Government NSW (LGNSW) Annual Conference 2022 - Motions

2 ⇩. Bega Valley Shire Council supported motions and responses to supported motion resolutions received

3 ⇩. 2022 LGNSW annual conference resolutions

Ordinary

Meeting Notice and Agenda

To:

Copy:

Live Streaming of Council Meetings

Publishing of Agendas And Minutes

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

Conflict of interest

The test for conflict of interest

Identifying problems

Local Government Act 1993 and Model Code of Conduct

Agency advice

Disclosure of pecuniary interests / non-pecuniary interests

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Apologies and requests for leave of absence

2 Confirmation Of Minutes

3 Declarations

4 Public Forum – report by Mayor of deputations heard prior to the meeting

5 Petitions

6 Mayoral Minutes

7 Urgent Business

8 Staff Reports – Community, Environment and Planning

9 Staff Reports – Assets and Operations

10 Staff Reports – Business and Governance

11 Councillor Reports

12 Rescission/Alteration Motions

13 Notices of Motion

14 Questions with Notice

15 Questions without Notice

16 Confidential Business

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

Statement of Re-Commencement of Live Streaming

17 Noting of Resolutions from Closed Session

18 Declassification of reports considered previously in Closed Session

Council	23 August 2023
*Item 8.1 - Attachment 1*	Section 4.15 Assessment Report

Council	23 August 2023
*Item 8.1 - Attachment 2*	Draft Conditions of Consent

Council	23 August 2023
*Item 8.1 - Attachment 3*	Development Plans

Council	23 August 2023
*Item 8.1 - Attachment 4*	Applicant's Clause 4.6 Variation

Council	23 August 2023
*Item 8.1 - Attachment 5*	Applicant's Heritage Impact Statement and Addendum

Council	23 August 2023
*Item 8.1 - Attachment 6*	Summary of Submissions

Council	23 August 2023
*Item 8.2 - Attachment 1*	Draft Consent

Council	23 August 2023
*Item 8.2 - Attachment 2*	Section 4.15 Assessment Report

Council	23 August 2023
*Item 8.2 - Attachment 3*	Development Plans

Council	23 August 2023
*Item 8.2 - Attachment 4*	Applicant's Heritage Impact Statement and Addendum

Council	23 August 2023
*Item 8.2 - Attachment 5*	Summary of Submissions

Council	23 August 2023
*Item 8.3 - Attachment 1*	Draft Conditions of Consent

Council	23 August 2023
*Item 8.3 - Attachment 2*	Section 4.15 Assessment Report

Council	23 August 2023
*Item 8.3 - Attachment 3*	Development Plans

Council	23 August 2023
*Item 8.3 - Attachment 4*	Applicant's Clause 4.6 Variation Request

Council	23 August 2023
*Item 8.3 - Attachment 5*	Applicant's Environmental Management Plan

Council	23 August 2023
*Item 8.5 - Attachment 1*	Affordable Housing Strategy Implementation Plan

Council	23 August 2023
*Item 9.1 - Attachment 1*	Application New Years Eve Markets - 31 Dec 2023

Council	23 August 2023
*Item 10.2 - Attachment 1*	Operational Plan Progress Report - 1 January 2023 to 30 June 2023

Council	23 August 2023
*Item 10.2 - Attachment 2*	Progress Report Corporate Measures - January to June 2023

Council	23 August 2023
*Item 10.3 - Attachment 1*	Council report dated 12 June 2013 - Police Community Youth Club

Council	23 August 2023
*Item 10.4 - Attachment 1*	Council report dated 29 April 2020 - VIC licence agreement renewals

Council	23 August 2023
*Item 10.4 - Attachment 2*	Council report dated 17 February 2021 - EOI 2021-62 - Occupation of Office Space within Bermagui Community Centre

Council	23 August 2023
*Item 10.5 - Attachment 1*	2022.08.17 Council reoprt - Local Government NSW (LGNSW) Annual Conference 2022 - Motions

Council	23 August 2023
*Item 10.5 - Attachment 2*	Bega Valley Shire Council supported motions and responses to supported motion resolutions received