Agenda of Council - Wednesday, 24 July 2024

Council 24 July 2024

Item 8.1

8.1. Families, Ageing and Disability Service Review

This report details the next steps in the review of Council’s Families, Ageing and Disability services and presents recommendations for Council's consideration.

Director Community Environment and Planning

Officer’s Recommendation

That Council:

1. Note the additional information provided in the confidential memo at Attachment 1.

2. Withdraw from providing Families, Ageing and Disability services according to the following timeline:

· Commonwealth Home Support Programme by 30 November 2024

· National Disability Insurance Scheme plan management and support coordination by 28 February 2025

· Brighter Futures family preservation program by 30 June 2025

3. Note that clients will be supported through the transition process in line with the transition plan at Attachment 2 (confidential).

4. Note that staff will be supported through the transition process in line with the staff transition plan at Attachment 3 (confidential).

5. Acknowledge the high standard of service and commitment of the staff in the Families, Ageing and Disability Services team, and thank them for their dedication and commitment to supporting Council’s National Disability Insurance Scheme, Commonwealth Home Support Programme, and Brighter Futures clients over many years.

6. Delegates authority to the Chief Executive Officer to execute the necessary steps to implement Council’s resolution.

Executive Summary

In February 2024, Council resolved to consider exiting from providing families, ageing and disability services pending the results of an expression of interest (EOI) process to determine market capacity to support Council’s existing NDIS clients, as well as negotiation with relevant government agencies and a formal internal staff consultation process.

This work has now been completed. A high level summary of the outcomes is included in this report. The full EOI responses, feedback received from a number of Council’s NDIS clients, the outcomes of engagement with the relevant government agencies, and feedback received during the staff consultation process is included in the confidential memo at Attachment 1.

Transition plans to support staff and clients have been developed and are at Attachments 2 and 3.

Background

Council’s Families, Ageing and Disability services team provides a range of aged care, disability support and family intervention services including:

· Commonwealth Home Support Programme (CHSP) – provides support for people over 65 (or over 50 if Aboriginal and Torres Strait Islander) to reside in their own homes

· National Disability Insurance Scheme (NDIS) – support coordination and plan management that assist individuals to manage the service selection and budget of their NDIS plans

· Brighter Futures program (BF) – a family preservation services that works intensively to assist complex and vulnerable families who have come to the attention of child protection services.

Council became a provider of these type of services around 2001 after community feedback that there was a significant gap in the market and vulnerable members of the community were unable to access support. Since that time, the market has shifted and, particularly in relation to the NDIS, the market has grown.

Council undertakes regular reviews of its funded programs to ensure services are being delivered effectively, meet market need and ensure Council is well positioned to adapt to potential funding changes.

On 15 February 2023, a Notice of Motion from Councillor Nadin resolved that staff should prepare a report on the consequences and steps involved should Council withdraw from providing children’s services, National Disability Insurance Scheme (NDIS) and Commonwealth Home Support Services. Following this, Morrison Low was engaged to undertake the review.

The scope of the review included ascertaining future service demand and service viability; understanding whether there is potential for a change in service mix and/or the addition of other service types which could be complementary and viable; understanding current and future risks and benefits to Council associated with the provision of families, ageing and disability services; determining whether an alternative governance model or internal systems would improve service sustainability; and determining the necessary steps and impacts should Council decide to withdraw from providing some or all families, ageing and disability services.

Morrison Low prepared an evidence-based report, detailing recommendations and a critical review of Council’s service delivery arrangements and performance. The review identified 3 options for Council’s consideration.

On 21 February 2024, Council decided to consider withdrawing from the provision of Families, Ageing and Disability services subject to an EOI process and further consultation with relevant government departments. The minutes from the meeting are available online: Minutes of Council - Wednesday, 21 February 2024 (infocouncil.biz).

Options

1. Council can resolve to exit from providing families, ageing and disability services. This is the recommended option.

2. Council can resolve to exit from providing one or more families, ageing and disability services. This is not recommended based on the outcomes of the Morrison Low review.

3. Council can resolve to continue to provide families, ageing and disability services. This is not recommended based on the outcomes of the Morrison Low review.

Community and Stakeholder Engagement

Engagement undertaken

NDIS

On 29 February 2024, Council’s NDIS clients were provided with written correspondence outlining Council's decision from the 21 February 2024 Council meeting and next steps, including confirmation that there was no current change to participants’ services.

A second letter was sent to all NDIS clients on 30 April to 1 May 2024, via post or email. A number of clients were contacted by phone or in person by the FAD team as well as receiving notification by mail. The letter provided an update on the process, including that an EOI would be run, and reiterated that there was no current change to participants’ services. Feedback was received from 9 people expressing their concern with Council’s decision to consider withdrawal. Copies of their correspondence are included in the confidential memo at Attachment 1.

An EOI process was run from 1 May to 31 May 2024 to seek feedback from NDIS providers who would be interested in providing services for Council’s NDIS clients should Council resolve to exit the market. The EOI generated 13 responses, indicating interest in supporting all support coordination clients and all plan management clients. Copies of the EOIs are included in the confidential memo at Attachment 1.

Commonwealth Home Support Program (CHSP)

Staff consulted with the Australian Government Department of Social Services regarding Council’s CHSP clients. Advice from the department is that they will transition Council’s 10 CHSP clients to other providers and are confident there are adequate other providers. They advised that Council should not run an EOI process in relation to CHSP services. Under the current funding agreement, Council is required to provide a minimum of 4 months’ notice to withdraw from providing CHSP services.

CHSP clients received a letter on 29 February and 1 May 2024 outlining the possible transition process and reiterating it was business as usual for now, noting Council will make a decision on the future of these services at the Council meeting in July 2024.

Brighter Futures (BF)

Council staff consulted with the NSW Department of Communities and Justice (DCJ) who fund this program. The department advised their preference is that Council remain providing family preservation services until the end of June 2025 in line with our current funding agreement. This timeframe also aligns with DCJ’s recommissioning of the program. Should Council resolve to exit earlier, we are required to provide a minimum of 6 months’ notice under the terms of the funding deed.

A copy of written feedback/advice received from DCJ is included in the confidential memo at Attachment 1.

Brighter Futures clients have been appraised of the review process by their Council case manager. Once a final decision is made, Council staff will work with DCJ and clients to support them throughout the transition period.

Access and Inclusion Advisory Commitee (AIAC)

The progress of the review was discussed at the AIAC meetings on 20 February and 21 May 2024. At the 21 May 2024 AIAC meeting, an overview of the staff and client transition planning was provided to members. The overall feedback from the group was that they understood the reason for the review and they were confident Council would be ready to support clients and staff should a decision be made to cease providing services.

MidCoast Council

Senior Council staff engaged with MidCoast Council who is currently going through a similar transition process to discuss their process and where possible, learn from their experiences.

Staff engagement

A formal 28-day staff consultation was undertaken regarding the potential workplace change. Feedback received during the consultation is available in the confidential memo at Attachment 1.

The Families, Ageing and Disability team was consulted in the development of the client transition plan to ensure clients are supported throughout the transition process, should Council resolve to exit from providing families, ageing and disability services.

General communication

A media release was issued on 21 February 2024 following the Council resolution. Web content was published on 29 April 2024 to provide further information to clients and the community.

A media release promoting the EOI process was published on 1 May 2024. Advertisements were placed in the Canberra Times and Illawarra Mercury on 4 May 2024 and Bega District News on 10 May 2024.

Engagement planned

Further engagement will be required with staff, stakeholders and clients pending the Council resolution. More information is included in the confidential memo at Attachment 1 and the transition plans at Attachments 2 and 3 (confidential).

Financial and Resource Considerations

The options associated with this report have varied financial and resourcing implications. More information is included in the confidential memo at Attachment 1 and the confidential staff transition plan at Attachment 3.

Legal /Policy

Council’s families, ageing and disability services are provided in line with the following legislation:

· Disability Inclusion Act 2014 (NSW)

· Local Government Act 1993 (NSW)

· Local Government (General) Regulation 2021

· Local Government (State) Award 2023

· Disability Discrimination Act 1992 (Cth)

Council has two funding agreements with state and federal departments for families, ageing and disability services plus 142 agreements with individuals receiving services under the NDIS. Each agreement allows Council to withdraw from the agreement, in line with an agreed timeframe as follows:

· NDIS – 30 days

· CHSP – 4 months

· BF – 6 months.

Council’s Policy 1.01 Community Wellbeing prescribes the processes implemented by Council to assist people to meet their aspirations for their community, with particular focus on the inclusion of marginalised and disadvantaged groups. The objective is to provide guidance to Councillors, management and staff in the development, implementation, monitoring and review of effective and efficient processes that improve the wellbeing of the community.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Bega Valley Shire Community Strategic Plan states that the Bega Valley Shire community aspires to be ‘a connected and vibrant community where people are happy, safe and well’ and includes several strategies to achieve this vision, via the provision of Families, Ageing and Disability services:

· Strategy A.4: Collaborate with partners to provide and support aged, disability and community services that enhance people’s quality of life.

· Strategy A.5: Advocate to government and partner organisations to expand local health and specialist services available to the community.

· Strategy A.6: Support and promote the development of local activities and enhance local community participation.

These strategies point to a Council’s critical role in advocating for, and facilitating, the provision of ageing and disability services for the community, however they do not commit Council to undertake a service delivery role.

There is also a clear strategic link between the provision of families, ageing and disability services and Council’s current Disability Inclusion Action Plan (DIAP). Action 2e in the DIAP specifically provides that Council will review provision of support coordination and plan management services and adjust service delivery in response to demonstrated needs. The stated desired outcome of this action is to achieve an improved service system for people with disability in the Bega Valley Shire.

Environment and Climate Change

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

Economic

Services for older people and people with disability are provided by a diverse range of organisations including small businesses, medium to large businesses, sole providers and government agencies. If Council resolves to change the service mix provided by Council, this could have both positive and negative flow on effects to existing and new providers, including sub-contractors, in the local market.

Risk

The Morrison Low review, confidential memo at Attachment 1 and transition plans at Attachments 2 and 3 set out a range of risks to be considered by Council in determining its direction on these services. Each of the three options presented has been evaluated against a range of risk factors. These include financial (short and long term), reputational, legislative, governance and continuity of care. More information is included in the confidential memo at Attachment 1.

Social / Cultural

The Bega Valley has an ageing population and a growing need for ageing and disability services. Council has played an important role in meeting a previous gap in these services and in providing continuity for our clients as service funding models changed. The review of Council’s families, ageing and disability services identified that the services provided by Council are highly regarded and meeting a genuine community need. However, there is also an expanding range of services available within the shire providing choice for consumers.

Further information about social impacts is included in the confidential memo at Attachment 1.

Attachments

1 . Confidential Councillor memo - Families Ageing and Disability service review (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

2 . FAD REVIEW - Client Transition Plan (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

3 . FAD REVIEW - Staff Transition Plan (Confidential - As this attachment contains personnel matters concerning particular individuals as per Section 10A(2)(a) of the Local Government Act 1993.

Council 24 July 2024

Item 8.2

8.2. Memorandum of Understanding (MoU) between Bega, Eden and Merrimans Local Aboriginal Lands Councils and Bega Valley Shire Council 2024 - 2034

This report seeks endorsement of the updated Memorandum of Understanding between Bega Valley Shire Council and the Bega, Eden and Merrimans Local Aboriginal Land Councils.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council endorse the updated Memorandum of Understanding with the Bega, Eden and Merrimans Local Aboriginal Land Councils as per Attachment 1.

2. That Council note the implementation plan progress at Attachment 3.

Executive Summary

This Memorandum of Understanding (MOU) between Bega Valley Shire Council and the Bega, Eden and Merrimans (BEM) Local Aboriginal Land Councils (LALCs) sets the foundation for collaboration and action between Council and the LALCs.

The MOU has been reviewed over the last 2 years and suggested updates made following significant consultation with the LALCs. The updated MOU aims to create a future where Aboriginal people living in the Bega Valley have social, economic and cultural opportunities and where the cultural heritage and connection to country of Aboriginal people is recognised and respected.

The updated MOU provides a 10 year vision to effect change in the local Aboriginal community, with reviews conducted annually and in line with the Local Government election cycle. If significant changes are required following each review, they be will endorsed by each Land Council before being provided to the elected Council for endorsement.

The proposed new MOU is available at Attachment 1. The previous version of the MOU is available at Attachment 2.

Background

Council first entered into an MoU with the LALCs in 2001. The MoU has been periodically revised and updated, generally in alignment with the term of each new Council; however, it cam be updated at any time with the agreement of all parties. An action plan is generally developed annually, however many actions are multi-year.

On 7 August 2019 Council established the Bega, Eden and Merrimans (BEM) Aboriginal Liaison Committee under section 355 of the Local Government Act 1993. The committee supports the implementation of the MoU. The committee is comprised of the LALC Chairs, LALC CEOs, the Mayor (or a representative), and 2 Council staff, generally the CEO and Director Community, Environment and Planning. Other staff or subject matters experts are invited to attend as required.

The BEM committee has been reviewing the current MOU since 2022. Following extensive consultation with the LALCs at BEM meetings and through one-on-one engagement with individual LALCs, committee members agreed to the updated MOU at the BEM meeting on 18 June 2024.

Proposed key changes to the MOU include:

· updated wording that focuses on social, economic and cultural opportunities and growth, building economic independence, and supporting improved health outcomes for Aboriginal people within the shire

· reference to Council and the LALCs working together to achieve the intent and objectives of the National Agreement on Closing the Gap

· updates to Council’s undertakings with a focus on employment, procurement and confirming the rates exemption under the Local Government Act for land that is vested in the NSW Aboriginal Land Council or a LALC

· updates to the joint commitments to focus on advocacy, partnerships, land activation and housing

· increasing the life of the MOU to 10 years, to enable a greater strategic focus, however ensuring regular reviews are undertaken in line with the local government election cycle to ensure the MOU remains current

· minor typographical corrections.

An annual implementation plan is generally developed to support the MOU. During the review of the MOU, staff continued to work towards achieving the actions of the 2021-2022 implementation plan as well as new actions that arose through BEM meetings. An update on progress over the life of the currently adopted MOU is available at Attachment 3.

Once the updated MOU is endorsed, a multi-year implementation plan will be developed to operationalise the MOU and provide direction to staff and the LALCs regarding implementation. Progress will be reviewed and reported on annually to the BEM committee.

Due to the extensive nature of the current MOU review, changes have not been tracked. Instead, the proposed new MOU is available at Attachment 1 and the previous (currently adopted) MOU is available at Attachment 2.

Options

The options available to Council are to:

1. Endorse the updated MoU. This is the recommended option as the changes have been through multiple rounds of consultation with the LALCs and have been endorsed by the LALCs.

2. Retain the current MoU. This is not recommended as it is no longer current and does not adequately capture the aspirations, goals and collaborative efforts required to effect change.

3. Recommend further changes to the MoU. To enable this, Councillors would need to identify changes which would then be provided to the BEM committee for consideration and endorsement.

Community and Stakeholder Engagement

Engagement undertaken

Under the MoU, the BEM committee is required to meet at least twice per year. To ensure progress can be made in a timely manner, the BEM committee generally meets quarterly.

The proposed amendments to the MoU have been thoroughly discussed and workshopped with the LALCs at a number of BEM meetings over the last 2 years and through individual engagement with the LALCs. Staff from across the organisation have also been involved.

The timeframe for the review was significantly extended due to sorry business, ill health, and change of leadership within the LALCs. However, this has enabled a more thorough review of the MOU to be undertaken.

Engagement planned

If endorsed by Council, the MoU will be finalised and signed by the LALC Chairs, the Mayor and Council CEO at a signing ceremony to be held on 14 August 2024.

The MoU will continue to be reviewed in line with the Local Government election cycle, or more frequently if needed.

BEM meetings will continue to be held quarterly, with a focus on strategic issues. Bi-annual meetings with the LALC CEOs and Council CEO and Director Community, Environment and Planning will be held to discuss operational matters and assist with implementation of the next MOU implementation plan.

Financial and Resource Considerations

There are no direct financial implications associated with the recommendation of this report. Resourcing of Council officer time to implement the MOU and associated action plans is allocated through general staff resourcing and the annual Operational Plan and Budget where required.

Legal /Policy

There are no direct legal implications associated with the recommendation. The recommendation is consistent with Council’s adopted policy to support reconciliation with Aboriginal people.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The recommendation is consistent with the following goal in the Community Strategic Plan:

A.2 Respect and promote our cultural heritage and diversity and partner with and acknowledge Traditional Owners and First Nations people

Environment and Climate Change

The recommendation does not have any direct environmental implications. Indirect environmental benefits will flow from engagement with local Aboriginal people in the management of country. Economic

The recommendation does not have any direct environmental implications, however the MoU seeks to support and help improve the economic independence of local Aboriginal people and the LALCs.

Risk

There are no direct risks associated with the recommendation.

Social / Cultural

The MOU reinforces Council’s commitment to working with the LALCs to help ensure a better future for Aboriginal people by working for the return of culturally significant and economically viable land, pursuing cultural, social and economic independence for Aboriginal people. The updated MOU aims to create a future where Aboriginal people living in the Bega Valley have social, economic and cultural opportunities and where the cultural heritage and connection to country of Aboriginal people is recognised and respected.

Attachments

1 ⇩. To be adopted draft Bega Eden Merrimans Memorandum of Understanding

2 ⇩. Bega Eden Merrimans memorandum of understanding August 2019

3 ⇩. BEM MOU Implementation Plan 2021-22 - progress as at 30 June 2024

Council 24 July 2024

Item 8.3

8.3. Draft Wallaga Lake Coastal Management Program

This report seeks Council’s support to exhibit the Draft Wallaga Lake Coastal Management Program.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council resolves to publicly exhibit the Draft Wallaga Lake Coastal Management Program (Attachments 1-3) for a period of not less than 28 days.

2. That a further report be presented to Council if there are any substantial changes to the draft management program arising from the public exhibition.

3. That if there are no substantial changes arising from the public exhibition, that staff progress the draft Coastal Management Program for Wallaga Lake to finalisation and gazettal without a further report to Council.

Executive Summary

The NSW Government has established a coastal management framework to manage the coastal environment in an ecologically sustainable manner and to protect and enhance the social, cultural and economic values of our coastal zones.

In line with this, Council is developing a series of Coastal Management Programs (CMPs) for the Bega Valley coastline. The first CMPs to be developed were the draft Bermagui River CMP and the draft Lake Curalo CMP. This report seeks Council’s endorsement to place the next draft CMP on public exhibition, being for Wallaga Lake, for a period of four weeks.

Background

Council has a long history of proactive management of its estuaries and beaches under the former estuary and coastal management frameworks, including preparation of numerous estuary studies and management plans. In 2016 the NSW Government changed the coastal management framework to manage the coastal environment in an ecologically sustainable way for the social, cultural and economic wellbeing of the people of NSW.

Council is currently developing a series of Coastal Management Programs (CMPs) for the Bega Valley Shire coastline as identified in the following table:

Table 1: Draft CMP status

Location	Status
Bermagui River	Exhibition completed, no substantial changes required, staff finalising CMP
Lake Curalo	Exhibition completed, no substantial changes required, staff finalising CMP
Merimbula and Back Lakes	Draft nearing completion
Wallaga Lake	Draft completed

This report seeks Council endorsement to exhibit the Wallaga Lake draft CMP. The final remaining Merimbula and Back Lake CMP will be presented to Council in the coming weeks.

Each draft CMP is the product of an extensive body of work and supporting reports as highlighted in Figure 1 below.

A diagram of coastal management programs

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Figure 1: Coastal Management Program report hierarchy

These supporting studies are available for public viewing on Council’s website: https://begavalley.nsw.gov.au/services/coastal-management-programs-cmps

Ongoing amendments to the Coastal Management framework and the resulting requirements on councils has resulted in significant delays in the completion of the draft CMPs. However, following significant work by staff, consultants, state agency staff and community stakeholders, the draft Wallaga Lake CMP is now ready for public exhibition.

The coastal zone is highly valued by the community for its recreational and amenity benefits, its cultural heritage, and as a key driver for the economy of the region. However, the coastal environment is under a mix of pressures including development, land use practices and climate change related factors. The preparation of CMPs presents a valuable opportunity to support sustainable management of the coastal environment, its values and its resources for current and future generations.

Coastal Management Programs set the long-term strategy for the coordinated management of the coast and must be prepared in line with the NSW Coastal Management Manual to meet the objectives of the Coastal Management Act 2016. A CMP provides a mechanism to develop and deliver actions to mitigate the threats to the study areas community values, ecological values and economic benefits and deliver a long term, risk-based strategy to manage coastal hazards, climate change and other risks likely to manifest over the next 100 years.

There are multiple incentives and benefits for Council to complete a CMP, including:

· Coordinated and strategic management of the coastal zone: CMPs will provide a coordinated, strategic and integrated approach to sustaining the coastal zone over both the immediate and medium term with consideration of long term vision and trends.

· Key driver to improve collaboration between, and ownership, by local and state agencies: The legal status of CMPs given under Section 23 of the Coastal Management Act states, ‘other public authorities to have regard to coastal management program and coastal management manual’.

· Increased funding opportunities: Funding opportunities are available for actions within CMPs via the NSW Coastal and Estuary Grants Program and the Marine Estate Management Strategy.

· The coastal and estuary grants program supports local councils to prepare and implement CMPs and to deliver the objects of the Coastal Management Act 2016. The NSW Government will provide $2 for every $1 provided by Council (2:1 ratio) to support the implementation of actions identified in a certified CMP.

Management Strategies and Actions

The CMP outlines the key management strategies and associated actions proposed to address the identified pressures and threats to the identified environmental, social and economic values of each study area.

The Wallaga Lake CMP identifies the following 9 broad threats:

1. Artificial Entrance Management

2. Lack of Knowledge of Estuary Health and Condition

3. Degradation of Vegetation Communities

4. Degradation of Wetlands

5. Catchment Runoff and Urban Pollutants

6. Degradation of Foreshore Areas and Tributary banks

7. Coastal Hazards

8. Structure and Function of the Lake

9. Biodiversity Loss

Details of the proposed actions to address each of these broad threats is outlined in Tables 3.5-3.14 of Attachment 2.

Options

Options available to Council are to:

1. Place the Draft Wallaga Lake CMP on public exhibition for a period of not less than 28 days. At the end of the exhibition period, if there are substantial changes required arising from public exhibition, a further report would be submitted for Council’s consideration. If no substantial changes are required, the CMP would be submitted to the NSW Government for final review and gazettal. This is the recommended option.

2. Resolve not to exhibit the Draft Wallaga Lake CMP. This option is not recommended as the CMPs provide a strategic approach to coastal management to meet the objectives of the Coastal Management Act 2016 (CM Act) and will enhance Council’s ability to secure grant funding in the future.

Community and Stakeholder Engagement

Engagement undertaken

During the initial consultation period in 2017, community-wide engagement was undertaken to inform the community about the commencement of project and how to get involved. This was done via the following methods:

· Media release for print news, Council website and Facebook

· Promotion via a project flyer for public distribution via letter box drop to approximately 300 landowners in the upper catchment and display in public spaces

· Online survey to provide community and stakeholders the opportunity to identify issues and values of importance to them

· An external project website was in place from 2017-2020 however, this content was relocated onto Council’s website in 2020: https://begavalley.nsw.gov.au/services/coastal-management-programs-cmps

· Local radio announcement via South East ABC Rural Report

· Key representatives of identified stakeholder groups were notified via email correspondence

In February 2017, Council assembled a project focus group for each estuary that consisted of stakeholders, Councillors, Council staff and community representatives to oversee the development of the CMP. Community representatives were selected via an expression of interest (EOI) application process which was advertised in local print media and on Council’s website.

The role of the focus group was to collaboratively:

· review, discuss and provide feedback on all project documentation and reports

· represent the opinions and views of the broader community on estuary management issues

· provide the liaison relationship between the project team and other members of the community

· attend meetings and contribute discussions to the evaluation of issues and actions in terms of risk management framework.

Additional meetings have been held with key stakeholders including Local Aboriginal Land Councils and government agencies to finalise the proposed management actions.

Engagement to date has followed a comprehensive and dynamic Stakeholder Engagement Strategy, the details of which are available on Council’s website.

Engagement planned

In accordance with Council’s Community Engagement Strategy, the next phase of the engagement process will inform and consult with the community. It is proposed to provide information about the draft CMP through Council’s newsletter, website, a media release and social media. Members of the community will be encouraged to provide feedback through Council’s ‘Have Your Say’ webpage.

Financial and Resource Considerations

The four draft CMPs as listed in Table 2 were initially funded via a 1:1 grant under the NSW Coastal Management Program. Changes to the grant program guidelines allowed Council to seek 2:1 funding to complete the final stages of the draft CMPs. The cost of the preparation of each of the CMPs is detailed in the table below.

Table 2: Draft CMP funding sources

Estuary	Grant Contribution	Council Contribution (from E-Levy)	Total project cost
Bermagui River CMP	$90,296.00	$66,295.50	$156,591.50
Lake Curalo CMP Wallaga Lake CMP Merimbula/Back Lake CMP	$136,343.00	$89,676.50	$226,019.50
TOTALS	$226,639.00	$155,972.00	$382,611.00

Each of the draft CMPs are required to include a ‘business plan’ that estimates the expenditure required over the next 10 years if all items listed in the draft CMP were to be implemented. Given the long timeframe for the CMPs to be implemented, estimated costs presented in the ‘business plans’ will likely be revised and considered over the lifetime of the CMP prior to individual actions being implemented.

Legal /Policy

In 2016, the NSW Government passed the Coastal Management Act 2016 (CM Act) that replaced the Coastal Protection Act 1979 and established the current strategic framework for managing coastal issues in NSW.

The current framework comprises:

· Coastal Management Act 2016 (CM Act)

· State Environmental Planning Policy (Resilience and Hazards) 2021 (RH SEPP)

· Coastal Management Programs (CMPs) prepared in accordance with the Coastal Management Manual (the ‘Manual’)

The CM Act promotes ecologically sustainable development of the coastal zone and identifies

the importance of the natural, social, cultural and economic values of the coast. It provides a

legislative framework for coordinated coastal planning across NSW and supports the aims of the Marine Estate Management Act 2014, as the coastal zone forms part of the marine estate

Under the CM Act, the coastal zone is defined as comprising four coastal management areas that include:

1. Coastal wetlands and littoral rainforests area (CWLRA) – areas which display the characteristics of coastal wetlands or littoral rainforests that were previously protected by SEPP 14 and SEPP 26

2. Coastal vulnerability area (CVA) – areas subject to coastal hazards such as coastal erosion and tidal inundation

3. Coastal environment area (CEA) – areas that are characterised by natural coastal features such as beaches, rock platforms, coastal lakes and lagoons and undeveloped headlands.

4. Coastal use area (CUA) – land adjacent to coastal waters, estuaries and coastal lakes and lagoons

The State Environmental Planning Policy (Resilience and Hazards) 2021, known as the Resilience and Hazards SEPP, provides mapping that identifies the extent of each coastal management area that make up the coastal zone, for the purposes of both the Coastal Management Act 2016 and the Environmental Planning and Assessment Act 1979.

The Resilience and Hazards SEPP imposes targeted development controls for each management area to guide appropriate development within the coastal zone. It should be noted that the state government did not map the coastal vulnerability area (CVA) however it can be mapped by Council via a planning proposal process that would require consultation with the community and public exhibition. CVA mapping needs to be informed by critical analysis and modelling of potential coastal hazards (i.e. coastal inundation, tidal inundation, beach erosion, shoreline recession, coastal cliff or slope instability). Amendments to mapping of other coastal management areas can also be made by Council via a similar planning proposal process.

Coastal Management Programs (CMPs) set a long-term strategy for the coordinated management of the coast. The Department of Climate Change, Energy, the Environment and Water (DCCEEW – Coasts and Estuaries) is responsible for the CM Act and supports local councils to develop CMPs in accordance with the Coastal Management Manual through grant funding and providing technical assistance.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

A mandatory requirement for CMPs under the CM Act is to establish the links between management strategies in the CMP and outcomes, goals and objectives set out in the Bega Valley Community Strategic Plan 2042 (CSP) and Council’s Integrated Planning and Reporting (IP&R) framework.

The CMPs align with the Bega Valley CSP objective that we embrace sustainable living and value and conserve our natural environment. The development of the CMPs specifically addresses the objectives:

· Our air and water are pristine, and our natural environment and rural landscapes are protected.

· We act to adapt to and mitigate the effects of climate change.

Environment and Climate Change

Preparing CMPs for areas within the Bega Valley Shire provides a long-term strategy for the coordinated management of priority areas and risks within the coastal zone. Values of the coastal zone are identified in the draft CMPs and potential threats to these have been assessed for current, 20 year, 50 year and a 100 year time frames incorporating projected impacts of climate change. The draft CMPs detail management actions to maintain and enhance the ecological health of each estuary and adjoining coastal zone, including good water quality and protecting aquatic habitats important to fish and other fauna.

The CMPs also address the risk of coastal hazards including coastal and tidal inundation and coastal erosion factoring in climate change and sea level rise. Management actions have been identified to prepare and reduce potential impacts.

The CMPs also directly meet actions N1-N8 within the Natural Systems – Coast and Marine section of the Bega Valley Climate Resilience Strategy 2050.

Economic

Maintaining and enhancing the ecological health of the estuary, including good water quality

and protecting aquatic habitats important to fish and other fauna, is vital to sustaining the many recreational and socio-economic opportunities enjoyed by the community. Without appropriate management controls, pressures such as catchment development, pollution and land-use disturbance pose an ongoing threat to the ecological condition of the estuary.

Risk

The CMPs contain a detailed risk assessment of threats to each estuary including coastal hazards, degradation of foreshore areas, catchment runoff, natural resource use and recreation. For each threat, a series of site specific actions have been developed to mitigate impacts.

Social / Cultural

The Bega Valley Community Strategic Plan 2042 identified the ‘beautiful natural environment’ as the top aspect (21.6%) that made the Bega Valley Shire a great place to live with environmental sustainability highlighted as a key focus over the next 10 years. Completion of the CMPs and implementation over the next 10 years will meet the priorities of the community ensuring the long-term health of our waterways and surrounding natural areas.

Cultural Heritage has been addressed in the reports in terms of risk to values and opportunities to protect or enhance key sites, provide better education to the broader community and provide for ongoing consultation and involvement of indigenous groups and people in coastal management.

Attachments

1 ⇩. Draft Wallaga Lake CMP: Section 1 & 2 - Executive Summary and CMP development background

2 ⇩. Draft Wallaga Lake CMP: Section 3 to 9 – Actions, Maps & Business Plan

3 ⇩. Draft Wallaga Lake CMP – Appendices

Council 24 July 2024

Item 8.4

8.4. Finalisation of Draft Flood and Sea Level Rise Policy and proposed amendments to Development Control Plan 2013

This report seeks Council’s support for adoption of the draft Flood and Sea Level Rise Policy, and a proposed amendment to the Bega Valley Development Control Plan 2013 for ‘Flood and Sea Level Rise’ and ‘Coastal Hazards’.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council resolve to adopt the draft Flood and Sea Level Rise Policy and the proposed amendment to Bega Valley Development Control Plan 2013 ‘Flood and Sea Level Rise’ and ‘Coastal Hazards’ subject to the revisions contained in Attachments 1 and 2 to this report.

2. That those who made a submission regarding the draft documents are notified of Council’s decision regarding this matter.

Executive Summary

Council engaged Rhelm Pty Ltd to provide advice on how to implement the land use planning recommendations from Council’s adopted flood studies and floodplain risk management studies and plans. In response, Rhelm developed a draft Flood and Sea Level Rise Policy and a new section for the Bega Valley Development Control Plan 2013 (BVDCP 2013) for considering flooding and sea level rise impacts relating to new development.

Importantly, the draft policy and proposed amendments to BVDCP 2013 directly relate to actions from various previously adopted strategies and studies that Council has already resolved to implement.

The draft policy and proposed amendments to BVDCP 2013 will ensure that Council’s practices are brought into alignment with current NSW Government policy regarding flooding, which will assist Council to progress the implementation of amendments to the Bega Valley Local Environmental Plan 2013 (BVLEP 2013) to improve housing supply and diversity and provide Council with protection from liability under Section 733 of the Local Government Act 1993.

Following the public exhibition of the draft policy and proposed amendments to BVDCP 2013 several minor changes are presented for Council’s consideration in response to issues raised in submissions received during the exhibition period. The proposed amendments provide additional clarity and address issues raised by development professionals and the NSW Department of Climate Change, Energy, the Environment and Water (DCCEEW).

Background

Council has adopted a number of Flood Studies and Floodplain Risk Management Studies and Plans, including:

· Pambula River, Pambula Lake and Yowaka River Flood Study (2021)

· Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan (2021)

· Eden, Twofold Bay, Towamba River Flood Study (2020)

· Bega and Brogo Rivers Floodplain Risk Management Study and Plan (2018)

· Bega and Brogo Rivers Flood Study (2014).

These adopted Flood Studies and Floodplain Risk Management Studies and Plans contain a range of recommendations that relate to changes to planning controls. The Bega Valley Shire Operational Plan 2022-2023 included an action for staff to develop a flood and sea level rise policy to guide development and the Bega Valley Shire Climate Resilience Strategy (CRS) includes an action to prepare a development approval matrix for coastal hazard and flood zones. The Bega Valley Shire Local Strategic Planning Statement (LSPS) includes an action to review planning controls for flood planning and sea level rise for new developments.

To implement the above actions, Rhelm Pty Ltd were engaged to review the recommendations of the adopted flood and floodplain risk management studies and integrate the recommended planning controls into a Flood and Sea Level Rise Policy (Attachment 1) and accompanying ‘Flood and Sea Level Rise’ and ‘Coastal Hazards’ sections of BVDCP 2013 (Attachment 2).

The policy and development control plan will assist Council in guiding development across the shire with respect to flooding, and the entire coastline with regards to consideration of sea level rise.

Together the new policy and development control plan will enable appropriate and effective management of flood and sea level rise hazards and risks across the shire and ensure consistency with the BVLEP 2013, Considering flooding in land use planning - Guideline (NSW Government 2021), NSW Flood Risk Management Manual (NSW Government 2023), and NSW Planning Circular 21-006.

Ensuring Council’s practices are brought into alignment with current NSW Government policy regarding flooding will assist Council to progress the implementation of amendments to the BVLEP 2013 to improve housing supply and diversity. It will also provide Council with protection from liability under Section 733 ‘Exemption from liability—flood liable land, land subject to risk of bush fire and land in coastal zone’ of the Local Government Act 1993.

Draft Flood and Sea Level Rise Policy

The draft Flood and Sea Level Rise Policy, as detailed in Attachment 1 to this report, provides a framework to assist Council and the community to respond to emerging flood and sea level rise risks as they relate to future development. Specifically, the draft policy supports Council to:

· apply a sea level rise benchmark and rainfall climate change factor to planning instruments, policies, flood, coastal studies and infrastructure planning

· continue to monitor, review and manage risks associated with sea level rise relating to local government functions

· continue to review its sea level rise data when new, credible climate change and sea level rise modelling data is available and update the policy as required.

The draft policy applies to development on land within the shire that warrants consideration of the impacts of flooding and sea level rise during the planning or consideration of proposed new development. This includes development by or on behalf of Council.

Amendments to BVDCP 2013

BVDCP 2013 Chapter 5.8 ‘Planning for Hazards’ currently contains controls and guidelines for development relating to flood planning, coastal hazards, contaminated land, bushfire prone land and climate change. Once adopted, the proposed amendments to BVDCP 2013 will replace the current Section 5.8.1 ‘Flood Planning’ and Section 5.8.2 ‘Coastal Hazards’ within Chapter 5.8 of BVDCP 2013.

Flood and Sea Level Rise

The proposed amendments to BVDCP 2013 ‘Flood and Sea Level Rise’, as detailed in Attachment 2 to this report, aims to:

· reduce the impact of flooding and flood liability on owners and occupiers of flood prone land

· reduce private and public losses from flooding

· improve public safety with respect to flooding

· as far as practical, ensure new development does not increase risk to life and property

· deal equitably and consistently with all matters requiring Council approval on flood affected land.

The flood related management and design requirements of the draft ‘Flood and Sea Level Rise’ amendment to BVDCP 2013 require demonstration that development can be done in a manner that:

· minimises impact on existing flow and drainage of flood waters in a flood event

· limits risk from flooding on new development and its users to acceptable levels.

The proposed amendments to BVDCP 2013 will improve the development assessment process by providing greater certainty to proponents and improving the guidance about how flood risks can be addressed by new development. The new provisions provide detailed guidance based on Flood Planning Constraint Categories for a range of different types of development and will negate the need for many proponents to prepare individual flood studies to support their development applications.

Coastal Hazards

The proposed amendments to BVDCP 2013 ‘Coastal Hazards’ will update BVDCP 2013 to reflect the new policy and bring the provisions in line with the State Environmental Planning Policy (Resilience and Hazards) 2021 for coastal vulnerability areas. The aims of the development control plan are to:

· manage development in the coastal zone

· protect the environmental assets of the coast

· protect and enhance natural coastal processes and coastal environmental values.

The purpose of this report is to advise Council of the feedback to the draft policy and proposed amendments to BVDCP 2013 received during public exhibition and seek a resolution to finalise the matters. Proposed changes are indicated in tracked changes to Attachments 1 and 2 to this report.

Options

Options available to Council are to:

1. Adopt the draft policy Flood and Sea Level Rise and the proposed ‘Flood and Sea Level Rise’ and ‘Coastal Hazard’ amendments to BVDCP 2013 with minor amendments as outlined in this report and detailed in Attachments 1 and 2. This is the recommended option as it brings Council’s flood and coastal hazard planning in line with contemporary approaches to flood planning, addresses Council’s requirements under Section 733 of the Local Government Act 1993, and provides improved guidance for applicants, development professionals and Council development assessment staff.

2. Resolve not to adopt the policy and/or proposed ‘Flood and Sea Level Rise’ and ‘Coastal Hazard’ amendments to BVDCP 2013. This option is not recommended as the policy and development control plan provide an improved framework for risk management in relation to flooding and climate change and implement several of Council’s adopted actions. Not adopting the flood policy places Council at legal risk due to the lack of a sound policy base through which to implement our Strategic Flood studies and plans and to base development assessment on.

Community and Stakeholder Engagement

Engagement undertaken

The draft policy and proposed amendments to BVDCP 2013 were publicly exhibited from 14 March 2024 to 28 April 2024. Information about exhibition of the draft policy and proposed amendments to BVDCP 2013 was notified through Council’s newsletter, website, social media and a media release. Members of the community were encouraged to provide feedback through Council’s ‘Have Your Say’ webpage or written submissions. The Development Professionals Group was notified by email.

Three community submissions and one NSW Government agency submission were received. A summary of submissions forms Attachment 3 to this report.

Summary of issues raised in submissions

The following is a summary of the major issues raised in the submissions followed by staff response and recommended changes to the draft policy and proposed amendments to BVDCP 2013. A number of minor wording changes were suggested by NSW DCCEEW and have been made to the document. These changes are detailed in Attachment 3 to this report and do not have any impact on the intention or application of the planning controls.

1) Increase in properties identified as Flood Control Lots

Issue summary: Where no current flood studies exist, the draft policy and DCP amendments had proposed to include all land in catchments with a mapped creek or stream line as a flood control lot.

Staff comment: This was intended to provide additional information for landowners in these areas and a mechanism to implement appropriate flood assessment for these lots. However, following concerns raised in submissions and further discussions with project consultants, it is agreed that it is unnecessary to identify these areas as flood control lots. There are existing planning considerations for development in proximity to drainage lines and a suitable assessment of such land will continue based on the merits of each application.

Recommendation: The draft policy and proposed amendments to BVDCP 2013 are amended to clarify that land within catchments that have not had a contemporary flood study or flood risk management plan and study is not considered to be a Flood Control Lot.

2) Inclusion of a Flood Planning Level for Bermagui

Issue summary: The Department of Climate Change, Energy, the Environment and Water did not support the proposed Flood Planning Level (FPL) for Bermagui because it was not identified by a full flood risk management plan and study.

Staff comment: The proposed FPL for Bermagui was based on modelling by the project consultants and was intended to update the current FPL for the catchment in Council’s DCP as an interim measure until a full flood study is completed. The advice from DCCEEW that the proposed FPL of 2.66m AHD is not consistent with the principles of the Flood Risk Management Manual and as such may compromise Council’s Section 733 liability provisions is accepted.

Recommendation: The proposed FPL for Bermagui is removed from the draft policy and DCP and the habitable floor level for new residential development in Bermagui remain at 3m AHD (incorporating 0.5m freeboard) until the Flood Study and Flood Risk Management Plan for the Bermagui River are completed.

3) Clarification over the definition of a Defined Flood Event (DFE)

Issue summary: There were concerns raised about the description of the components of a Defined Flood Event within the policy and the potential to inadvertently add an additional 0.5m to the DFE level.

Staff comment: Noted.

Recommendation: Several changes to the draft policy are recommended to address these concerns and clarify how the 0.5m freeboard is added to the Defined Flood Event.

4) Concerns of conservative approach to flood planning

Issue summary: Concerns were raised that the new policy and DCP amendments reflect a overly conservative approach to flood planning, impacting development and local development professionals.

Staff comment: The draft Flood and Sea Level Rise Policy reflects the mapping previously defined through various flood and coastal hazard studies and does not have implications for additional properties. Council has a responsibility to consider resident safety, impact on assets and emergency response through its strategic land use and development assessment programs. Council’s flood and sea level rise policy is based on contemporary best practice and provides greater clarity to developers of all scales, Public Authorities providing critical and sensitive infrastructure and facilities and development professionals in preparing flood assessments for their clients.

Recommendation: No changes regarding the proposed approach to flood modelling or planning are recommended.

5) Inability to access new mapping during public exhibition

Issue summary: The draft flood policy and DCP amendments feature the use of mapping and accompanying development matrix. The mapping was not available through the website due to technical issues.

Staff comment: The public exhibition material made it clear that staff were available to provide sections of the mapping of particular interest or discuss the mapping throughout the entire public exhibition period. During the four-week public exhibition only one enquiry was made about access to the mapping.

Recommendation: Mapping will be made publicly available through Council’s website following adoption of the draft policy and proposed amendments to BVDCP 2013.

Engagement planned

No further engagement is planned.

Financial and Resource Considerations

The cost of the project was $50,000 which was funded through Council’s Environmental Levy.

Legal /Policy

Flood risk management in New South Wales is a partnership across all levels of government, with local councils being primarily responsible in their local government areas. The NSW Flood Risk Management Manual (NSW Government 2023) outlines the overall flood risk management roles of the different levels of government and articulates the lead roles for agencies in prevention and preparedness for flood risk management within the NSW Government.

The draft policy and proposed amendments to BVDCP 2013 will ensure that Council policy is consistent with BVLEP 2013, Considering flooding in land use planning - Guideline (NSW Government 2021), NSW Flood Risk Management Manual (NSW Government 2023) and NSW Planning Circular 21-006.

These documents will provide Council with protection from liability under Section 733 ‘Exemption from liability—flood liable land, land subject to risk of bush fire and land in coastal zone’ of the Local Government Act 1993.

Exhibition of the proposed amendments to BVDCP 2013 is consistent with Council’s obligations under the Environmental Planning and Assessment Regulation 2021 and Council’s Community Engagement Strategy.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The draft policy and proposed amendments to BVDCP 2013 are consistent with the Community Strategic Plan 2042 objective that we act to adapt to and mitigate the effects of climate change. Specifically, strategy C5 to lead climate change mitigation and adaptation through implementation of the Bega Valley Shire Climate Resilience Strategy focusing on natural systems, preparing for natural hazards, liveable and connected places, safe, healthy and inclusive community, diverse and thriving economy, energy security and food security.

The draft policy is consistent with the key response area of planning for natural hazards in the Climate Resilience Strategy. The proposed amendments to BVDCP 2013 completes the action of the strategy to prepare a development approval matrix for coastal hazard and flood zones.

The draft policy is consistent with the planning priority for natural hazards in the LSPS to ensure that people, land and infrastructure are well positioned to face natural hazards. The proposed amendments to BVDCP 2013 completes the action of the LSPS to review planning controls for flood planning and sea level rise for new developments.

The draft policy and proposed amendments to BVDCP 2013 implement the recommendations of the adopted Pambula River, Pambula Lake and Yowaka River Flood Study; Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan; Eden, Twofold Bay, Towamba River Flood Study and Plan; and Bega and Brogo Rivers Floodplain Risk Management Study and Plan.

Environment and Climate Change

The draft flood policy and proposed amendments to BVDCP 2013 aim to minimise the potential impact of development and other activity upon the aesthetic, recreational and environmental value of waterway corridors and flood affected land.

Economic

The draft flood policy and proposed amendments to BVDCP 2013 aim to reduce the impact of flooding and flood liability on individual owners and occupiers of flood prone land and reduce private and public losses from flooding by ensuring adverse and cumulative impacts on flood behaviour are managed.

Risk

Floods can create risks to communities in the Bega Valley Shire. These risks may relate to people, their social or community setting, and the built environment. The draft flood policy and proposed amendments to BVDCP 2013 aim to, as far as practical, ensure new development does not increase risk to life and property, and deal equitably and consistently with all matters requiring Council approval on flood affected land.

Social / Cultural

The draft flood policy and proposed amendments to BVDCP 2013 aim to mitigate risks to communities relating to people and their social or community setting from flooding, the influence of the ocean or water flowing overland to waterways. They also aim to improve public safety with respect to flooding, including the safe occupation and efficient evacuation of people in flood events.

Attachments

1 ⇩. Revised Draft Flood and Sea Level Rise Policy

2 ⇩. Revised Draft Development Control Plan 2013

3 ⇩. Summary of submissions

Council 24 July 2024

Item 8.5

8.5. Development Application statistics - April to June 2024

This report provides an update on Council’s development application processing timeframes and associated challenges for the period April to June 2024.

Director Community Environment and Planning

Officer’s Recommendation

That Council note the information contained in this report.

Executive Summary

This report provides an update on Council’s development application processing timeframes and associated challenges for the period April to June 2024.

During this period, the average net DA processing time was 91.43 days, compared to the 2023 net average of 117.77 days.

The results should be interpreted with caution as processing time varies based on the number and complexity of DAs received, as well as resourcing levels during the reporting period.

Background

Since the Black Summer bushfires in 2019/20, Council has experienced an increase in the number and complexity of development applications being submitted to Council. These include bushfire rebuilds but also a significant increase in general development across the shire, partially driven by COVID-19 impacts and changes in the property market.

At the same time, Council has been experiencing the effects of a state-wide skills shortage in town planning and development engineering which has resulted in significant vacancies over the past 2-3 years. While we have recently filled the development engineer role that had been vacant for some time and also undertook a further round of recruitment to fill two vacant town planner positions (which were successfully recruited by internal applicants, subsequently leaving a vacancy in the Graduate Town Planner and Strategic Planner roles), the development assessment service remains under pressure.

Up until 30 June 2024, the Regional Housing Flying Squad as provided by the NSW Government Department of Planning, Housing and Infrastructure (DPHI) provided additional assessment support services to regional councils such as ours. Unfortunately, the Regional Housing Flying Squad program ceased at the end of the financial year. Throughout the duration of the program, a total of 74 DAs were either determined or had their assessments substantially completed by the Flying Squad. Council will continue to advocate to the state government to reintroduce this important program.

In an effort to address the ongoing resource pressures within the development assessment team, Council continues to utilise the services of a contract planner and a development engineer through the Local Government NSW’s Remote Skills Contractor program.

Development Application processing times

	2023					2024
	Jan-Mar	Apr-Jun	Jul-Sept	Oct-Dec	Full year	Jan-Mar	Apr-Jun
DAs determined+	116	98	85	76	414	70	103
New DAs received^	109	117	18	36	284	23	110
No of undetermined DAs	259	244	201	213	213 (as at 31 Dec)	229	209
Average DA processing time (gross)	123.58 days	133.10 days	187.13 days	128.41 days	159.96 days	131.28 days	163.19 days
Average DA processing time (net - ie minus ‘stop clock’ days)*	87.64 days	103.94 days	145.87 days	105.84 days	117.77 days	86.15 days	91.43 days
Estimated cost of construction (approved)**	$71,114,299	$66,516,700	$96,548,934	$39,085,898	$227,247,606	$32,014,287	$35,300,670

Notes:

- The statistics provided here are based on current Council data and reporting mechanisms and may not completely align with data provided on the NSW Planning Portal.

- Despite staffing shortages and an increase in complex DAs, we are still approving more DAs than are lodged overall.

- + DAs determined does not include Modification Applications.

- ^ Not all DAs received will necessarily go through to determination. Some are withdrawn by Applicants or are returned for more information.

- *Stop Clock days is the time taken for the Applicant to provide additional information. This time is not counted as processing time for the purpose of the deemed refusal period.

- **Estimated cost of construction total does not include Modification Applications.

Black Summer Bushfire dwelling rebuild figures

	As at Jul 2023	As at Nov 2023	As at Feb 2024	As at Jun 2024
Total bushfire DAs received	137	139	141	143
Total bushfire DAs Approved	136	138	140	141
Total bushfire Construction Cert Issued	123	123	126	129
Total bushfire Occupation Cert Issued	59	61	71	75

The average net DA processing time (i.e. minus ‘stop clock’ days) for all bushfire rebuilds is 34.25 days.

Minister’s Statement of Expectations Order 2024

The Environmental Planning and Assessment (Statement of Expectations) Order 2024 came into effect on 1 July 2024. The Minister for Planning and Public Spaces, the Honourable Paul Scully MP, made the order to set the expectation for councils in relation to their performance of a range of planning and development functions under the Environmental Planning and Assessment Act 1979.

The order, provided at Attachment 1 to this report, specifies that councils should determine development applications for which it is the consent authority as soon as practical and within whichever is the lesser of council’s previous financial year average, or an average of:

· From 1 July 2024 to 30 June 2025: 115 days from lodgement

· From 1 July 2025 to 30 June 2026: 105 days from lodgement

· From 1 July 2026 to 30 June 2027: 95 days from lodgement

· From 1 July 2027 onwards: 85 days from lodgement

Bega Valley Shire Council’s 2023 financial year average was 117.77 days. Council will continue to work towards achieving the financial year average of 115 days as specified in the Minister’s Statement of Expectations Order 2024.

Options

There are no options associated with this report.

Community and Stakeholder Engagement

Engagement undertaken

Council has provided information on its website and through media enquiries and statements as needed to alert the community to delays in DA assessment timeframes and actions applicants and owners can take to streamline the process.

Engagement planned

No further engagement is planned as a result of this report, however website content will be updated as required to ensure the community is aware of current DA assessment challenges. Further updates to the website will be made over time to provide additional information to support applicants through the DA process.

Financial and Resource Considerations

Providing a development assessment service is a key part of Council’s core business and budget. There are no new financial impacts arising from this report.

Legal /Policy

Providing a development assessment service is a key part of Council’s core business. There are no new legal or policy impacts arising from this report.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Development Assessment supports the five key themes in the Community Strategic Plan:

A. Our community: A connected and vibrant community where people are happy, safe and well

B. Our economy: A resilient and prosperous economy that supports employment and learning opportunities

C. Our environment: We embrace sustainable living and value and conserve our natural environment

D. Our infrastructure: Our infrastructure complements our natural surroundings and character while enhancing the lives of our community

E. Our civic leadership: Local leadership is strong, consultative and responsive to our community’s needs

Development applications are assessed in accordance with the Bega Valley Local Environmental Plan, Development Control Plan, and state government legislation.

Environment and Climate Change

There are no environment or climate change impacts arising from this report.

Economic

There are no new economic impacts arising from this report.

Development plays a key role in supporting the shire’s economy, creating short term employment and, with commercial development, creating longer term employment opportunities.

Risk

There are no new risks arising from this report.

Social / Cultural

There are no new social or cultural impacts arising from this report. Development assessment enables housing growth and supports a connected and supported community.

Attachments

1 ⇩. Minister's Statement of Expectations Order 2024

Council 24 July 2024

Item 8.6

8.6. Planning Proposal for Rawlinson Street, Bega

This report seeks a Council resolution to submit a planning proposal to permit an additional use on certain land in Rawlinson Street, Bega to the NSW Department of Planning, Housing, and Infrastructure for Gateway Determination.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council resolve to support the planning proposal to amend the Bega Valley Local Environmental Plan 2013 to permit the use of residential flat building at 108 and 114 Rawlinson Street, Bega (being Lot 2 DP 516738 and Lot 3 DP 1187097).

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

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

Executive Summary

The purpose of this report is to seek Council’s support for a planning proposal for lodgement with the NSW Department of Planning, Housing and Infrastructure (DPHI). The planning proposal seeks an Additional Permitted Use (APU) clause to be added under Bega Valley Shire Local Environmental Plan 2013 (BVLEP 2013) which would enable consideration of the use of ‘residential flat building’ on land at Rawlinson Street, Bega (Lot 2 DP 516738 and Lot 3 DP 1187097).

The planning proposal has been lodged to support a development application for a residential flat building, multi-dwelling housing and boarding house development, proposed to be constructed in stages, by Southern Cross Community Housing. The planning proposal would enable the consideration of a residential flat building to accommodate 10 studio apartments, 14 one-bedroom dwellings and 7 two-bedroom dwellings on this site.

The Planning Proposal and appendices are provided as Attachments 1-4 to this report.

The development application is currently being assessed by Council staff and the determining authority is the Southern Regional Planning Panel. The Planning Proposal will run concurrently with the assessment of the development application.

Background

The planning proposal applies to Lot 2 DP 516738 and Lot 3 DP 1187097 at 108 and 114 Rawlinson Street, Bega. The site comprises two irregular shaped lots with a combined area of 9,585m² and is owned by Southern Cross Community Housing, a registered social housing provider.

The land is zoned R2 Low Density Residential. The aim of the planning proposal is to retain the existing R2 zone, floor space ratio and 10 metre height limit, but amend the LEP 2013 to introduce residential flat building as an additional permitted use on the site.

The planning proposal has been prepared and submitted to enable consideration of development application 2023.309 lodged by Southern Cross Community Housing in December 2023. The development application proposes the demolition of an existing dwelling house and construction of 52 apartments in the form of a residential flat building, four multi-dwelling housing blocks and two, six-bedroom boarding houses on the site.

In total, the proposed development includes 33 x one-bedroom dwellings/studios, 11 x two-bedroom dwellings, 5 x three-bedroom dwellings, 3 x four-bedroom dwellings and 12 boarding house bedrooms. The planning proposal would enable consideration of 31 of the proposed dwellings in a three-storey residential flat building containing 24 x one bedroom/studios and 7 x two-bedroom units.

Council officers have assessed the planning proposal and concluded that the proposal has both strategic and site specific merit, according to the criteria outlined in the NSW Local Environmental Plan Making Guidelines (December 2021) as detailed in the section below.

Assessment of planning proposal

STRATEGIC MERIT ASSESSMENT CRITERIA

Does the proposal give effect to the relevant regional plan?

The proposal aligns with the desired outcomes of the South East and Tablelands Regional Plan 2036 to deliver greater housing supply and choice in strategic centers and locations close to existing services and jobs, and focus housing growth in locations that maximise existing infrastructure and services and prioritise increased densities within existing urban areas.

Does the proposal demonstrate consistency with the relevant Local Strategic Planning Statement (LSPS)?

The proposal would facilitate desired outcomes of the LSPS to increase housing density within established urban areas and allow for growth and encourage housing diversity and affordability while enhancing the distinct local character of each place.

The planning proposal is consistent with the 20 year vision for residential land in the Residential Land Strategy, which aims to ensure ‘Our residential areas provide housing choices for our local community now and into the future’.

The Bega Valley Affordable Housing Strategy states that there has been a loss of social housing in both proportion and absolute terms over the past 10 years, and the Bega Valley Shire has a much lower than average proportion of social housing (3% compared with 5% for NSW). Waiting times for social housing in the shire are in excess of 10 years for one bedroom dwellings, and 5-10 years for two-bedroom dwellings and houses with 4+ bedrooms.

The strategy also states there are very high rates of severe housing stress among very low income renters, indicating a high level of unmet need for social housing in the shire, with around 1,125 very low income renting households projected to be in need of affordable (including social) rental housing by 2036. At least 150 new dwellings need to be designated for social housing tenants by 2036 to maintain average rates for the shire; however the very high rates of housing stress among very low income renters and ageing of the population indicate that this would need to be far greater to meet growing need.

Strategy 4 of the strategy includes: Advocating to the NSW Government to maintain and increase capital investment in social housing in the Bega Valley Shire, including maintenance and upgrade of existing stock, and construction of new stock (at least 150 new social housing dwellings and 100 supported places for those at risk of long-term homelessness).

The proposed development consists of two x six bedroom, one storey boarding houses; four x two storey multi-dwelling blocks consisting of between 3-7 units (a total of 21 dwellings); and one x three storey residential flat building containing 31 dwellings. The planning proposal is consistent with the Bega Valley Shire Affordable Housing Strategy because it will facilitate provision of one and two-bedroom dwellings for social housing.

Does the proposal respond to a change in circumstances that has not been recognised by the existing planning framework?

The planning proposal does not respond to a change in circumstances that has not been recognised by the existing planning framework.

SITE-SPECIFIC MERIT ASSESSMENT CRITERIA

Does the proposal give regard and assess impacts to the natural environment on the site to which the proposal relates and other affected land (including known significant environmental areas, resources or hazards)?

Types of residential development that are permitted on the site under the R2 Low Density Residential zone include single dwellings, dual occupancies and multi dwelling housing. As such, the introduction of the additional permitted use of residential flat building will not unreasonably increase the likelihood of additional impacts on the natural environment or other affected land.

Does the proposal give regard and assess impacts to existing uses, approved uses, and likely future uses of land in the vicinity of the land to which the proposal relates?

The site is predominantly surrounded by low density housing characterised by single dwelling houses and limited multi dwelling housing. It is noted that the height, bulk and scale of a residential flat building is not typically commensurate with the existing and desired future low-density character of the R2 Low Density Residential Zone.

However, it is considered that the planning proposal demonstrates that this can be mitigated by siting the residential flat building away from street frontages towards the centre of the site. This ensures that the single dwelling house character of the surrounding neighbourhood streetscape can be retained and provides opportunities for landscaping and topography to minimise the bulk and scale of the proposed land use on the site.

Issues raised in public submissions to the accompanying development application can be adequately addressed through the development assessment process.

Does the proposal give regard and assess impacts to services and infrastructure that are or will be available to meet the demands arising from the proposal and any proposed financial arrangements for infrastructure provision?

The planning proposal demonstrates there are adequate services and infrastructure available to meet the demands arising from the proposal.

Options

Options available to Council are to:

1. Resolve to support the planning proposal and forward it to DPHI for Gateway Determination. This is the recommended option because the planning proposal will facilitate development of one and two bedroom dwellings for social housing which is consistent with the Bega Valley Shire Affordable Housing Strategy.

2. Not support the planning proposal.

Community and Stakeholder Engagement

Engagement undertaken

Development Application 2023.309 was publicly exhibited from 29 January 2024 until 26 February 2024 with 12 submissions received objecting to the proposed development application, including a petition.

Issues raised in submissions included concerns about traffic, vehicle access, loss of on-street parking, provision of parking on site, drainage, lighting, noise, overshadowing, loss of privacy, change of character, distance to town centre and increase in crime from social housing. These issues will continue to be considered through the development application assessment process.

Engagement planned

Community consultation for a planning proposal is specified by the requirements of the Bega Valley Shire Community Engagement Strategy, typically being a minimum exhibition timeframe of 28 days or as may be otherwise specified by the Gateway Determination. Given the feedback received to the accompanying development application it is possible that the Gateway Determination may not require the exhibition of the planning proposal. Should public exhibition of the planning proposal be required, the exhibition will include notification on Council’s website and in writing to adjoining landowners.

Should agency or community feedback to the planning proposal be received that warrant substantial changes to the planning proposal, a further report will be prepared for Council outlining the submissions received and the changes to the planning proposal recommended in response to those submissions, prior to resolving whether to proceed with amending BVLEP 2013.

If no objections to the planning proposal are received and no substantial changes are required to the planning proposal, it is recommended that Council resolve to authorise staff to proceed to finalise the proposed amendment to the BVLEP 2013.

Financial and Resource Considerations

The planning proposal has been prepared by the applicant and the applicable fee received in accordance with Council’s adopted Fees and Charges 2024/25. Any additional costs incurred for advertising the planning proposal will be met by the applicant.

Legal /Policy

This planning proposal has been prepared in accordance with Section 3.33 of the Environmental Planning and Assessment Act 1979 and DPHI’s Local Environmental Plan Making Guideline (August 2023).

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The planning proposal is consistent with the South East and Tablelands Regional Plan 2036, the Draft South East and Tablelands Regional Plan 2041, the Bega Valley Community Strategic Plan 2040, the Bega Valley Shire Local Strategic Planning Statement 2040, the Bega Valley Affordable Housing Strategy and Bega Valley Residential Land Strategy.

Environment and Climate Change

The planning proposal supports future residential growth, having regard to environmental considerations and sustainability principles.

Economic

The planning proposal seeks to allow consideration of a development for social housing which will provide a material, positive contribution to the housing situation across the shire.

Risk

Implementation of the planning proposal will allow consideration for a development which will address the risk of existing housing stock not meeting the needs of our population and will enable increased residential development while maintaining the existing character of towns and villages.

Social / Cultural

The Bega Valley Shire Affordable Housing Strategy outlines the social impact of the lack of affordable housing in the Bega Valley Shire, and availability of housing for people on low, very low and moderate incomes in the Bega Valley Shire is at a crisis point. This planning proposal seeks to support an increase in diversity of housing stock.

Attachments

1 ⇩. Draft Planning Proposal: Southern Cross Community Housing, Rawlinson Street, Bega

2 ⇩. Draft Planning Proposal: Traffic Impact Assessment

3 ⇩. Draft Planning Proposal: Statement of Environmental Effects

4 ⇩. Draft Planning Proposal: Architectural Plans

Council 24 July 2024

Item 8.7

8.7. 2009.68 Modification to existing Extractive Industry, 283 Mine Road - Lochiel

Director Community Environment and Planning

Applicant	The Trustee for EAS Investment Trust (trading as PLANNED Town Planning Solutions)
Owner	Merimbula Sand and Gravel Pty Ltd
Site	283 Mine Road, Lochiel Lot 6 DP 1193674
Zone	Part C3 Environmental Management and RU1 Primary Production
Site area	71.52ha
Proposed development	Modification to existing Extractive Industry

Precis

The Section 4.55 application to modify development consent 2009.68 is being reported to Council in accordance with Procedure 3.01.01 Reporting of Development Applications to Council as 10 submissions objecting to the development were received during the notification process. It is recommended that the proposed modification be approved subject to the modified draft consent and notice included as Attachment 3 to this report.

Officer’s Recommendation

1. That the modification to Development Application 2009.68 to incorporate a temporary site office, internal haulage road and an extension to the timeframe for the winning of material be approved subject to the conditions outlined in the modified draft consent and notice provided as Attachment 3.

2. That those parties who made a submission be advised of Council’s decision.

Executive Summary

The existing Development Consent 2009.68 is for an Extractive Industry that was reported and approved by Council at its meeting of the 22 March 2011. The Development Consent provided approval for the winning of 105,000m3 of material and included a condition of consent that limited the operational life of the Extractive Industry to 12 years from the commencement of work.

The modification application that is currently before Council requests an extension to the life of the existing approved Extractive Industry beyond the current expiry date of 15 August 2023 (noting that the application to modify was submitted to Council for assessment prior to the consent expiry date). It also includes a request to install a temporary site office and construction of a new internal haulage road.

The proposal has been assessed in accordance with the relevant provisions of the Environmental Planning and Assessment Act 1979 and is recommended for approval, subject to the amended conditions outlined in the draft modified consent and notice provided in Attachment 3.

Background

Historically, the subject site formed part of a much larger area over private and State Forest lands which were used for the mining of pyrophyllite (1973 to 1996). Stockpiles of this material and infrastructure remain on-site as detailed in the Statement of Environmental Effects that accompanies this Section 4.55 Application to Modify. The lease areas on State Forest land under licence with the Environment Protection Authority (EPA) were surrendered prior to this current Development Application being submitted.

The current Development Consent 2009.68 was approved by Council at its meeting on 22 March 2011 (Attachment 4 - Copy of Council Meeting Report/Recommendation and Consent). The consent provided approval for the removal of 105,000m3 of material that included screening and crushing for road base. The approval was issued with conditions limiting the life of the operation to 12 years from the date of commencement, being 15 August 2011.

The following conditions form part of this existing development consent,

· An operational life of no more than 12 years from the date of commencement of work.

· The maximum extraction of 10,000m3 of material per year.

· A total volume of 105,000m3 of extracted material over the operational life.

· Operational hours confined to 7am to 5pm weekdays and 8am to 1pm Saturdays.

· Blasting prohibited.

The original consent was modified on 17 July 2017 to reflect roadworks that were undertaken on Mine Road under DA2008.0016, which was approved on 24 June 2008 for 5 Concessional Lot subdivision.

A detailed survey was undertaken by Caddey Searl and Jarman in December 2022 to confirm that only 29,000m3 of material had been extracted from the site over its operational life, leaving a potential 76,000m3 of material for extraction remaining. The primary purpose of this Section 4.55 Application to Modify is to extend the operational life of the Extractive Industry to enable the remaining 76,000m3 of material to be extracted.

It is noted that complaints to Council have been received about the continued operation of the Extractive Industry beyond the 15 August 2023 lapse date, during this assessment process. An inspection of the site was undertaken with the operators on the 10 April 2024 who confirmed that only material from existing stockpiles were being hauled from the site, since it was surveyed in December 2022.

These stockpiles were located on the site prior to the current development consent (2009.68) was issued and are being removed as part of a separate remediation and rehabilitation process for the site.

Description of the site

The site contains a mixture of cleared and forested land with quarrying area pit located near the centre of the property that includes existing haulage roads, sorting machines and stockpiles. The operation of the Extractive Industry is serviced by an on-site sewage management system, power and telephone connection.

The area of extraction is approximately 2ha in area.

The Extractive Industry is screened by existing vegetation and serviced by Mine Road being a Council sealed and maintained road. The subject land is located at the western end of Mine Road and adjoins privately owned land to the east and State Forest land to the west. The surrounding rural landscape contains a mixture of rural residential and smaller scale agricultural land uses.

There has been some growth in the immediate locality over the past 15 years, with some infill rural residential development within the surrounding catchment and along Mine Road.

Figure 1 – Locality plan

Description of the proposal

The proposal seeks to modify the existing development consent under Section 4.55(1A) of the Environmental Planning and Assessment Act 1979. The following changes are proposed:

· Install a new transportable site office.

· Construct a new internal haulage route within the site.

· Extend the operational life of the quarry by 8 years to extract the remaining 76,000m3 of material at a maximum rate of 10,000m3 per year with a total operating life of 20 years.

The Statement of Environmental Effects is at Attachment 1.

Planning Assessment

The proposal has been assessed in accordance with the matters for consideration under Section 4.55(1A) of the Environmental Planning and Assessment Act 1979 (Attachment 2).

The modification involves minor changes to the approved development plan with an additional internal haulage road and temporary site office. The primary purpose of the modification is to extend the operational life of the Extractive Industry to enable the remaining 76,000m3 of material to be extracted. The applicant has requested that life of operations not be limited going forward (by requesting deletion of Condition 2 of the existing consent) however the applicant has indicated that should Council not support that request, then a timeframe of 20 years from the date of commencement of works (which was 15 August 2011) would be acceptable. This is the recommendation of staff to ensure there is a clear end date for operations and rehabilitation of the site.

The proposed modification does not increase the quantity of material that is to be extracted. Mine Road has historically been used as a haulage road for the carting of material as part of historical land use approvals and the current development application that includes mitigation measures to guide noise, dust and traffic management. These operational conditions would continue to be enforceable under the existing development consent and would not change.

The site adjoins a rural residential catchment that has had incremental rural residential subdivisions and construction of new dwelling houses over the past 15 years. The extension of the operating life to a maximum of 20 years would see the removal of the remaining materials on-site in keeping with the rate of extraction approved under the original consent of 10,000m3 per year.

An extension to the life of the consent is considered reasonable subject to the Extractive Industry being operated in compliance with the existing and proposed modified conditions of consent.

Compliance with the existing conditions of consent and timing for completion of the Extractive Industry were main points raised in submissions during the community engagement process. Of particular importance are the environmental safeguards and operational requirements outlined in the existing development consent that include the provision of a road audit report, annual production data and rehabilitation of the existing site.

A key recommendation of this assessment is for the operators to provide an updated rehabilitation plan for the site that clearly identifies the land that is to be rehabilitated and its final landform. The plan will need to clearly document the staging and timing of these works including the remediation of the degraded land and stockpile areas.

Options

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

1. Approve the modification subject to the modified conditions of consent provided in (Attachment 3). This is the recommended option.

2. Defer consideration of the matter and request a separate report identifying any relevant Section 4.55 matters for consideration and draft reasons for refusal.

3. Defer consideration of the matter and seek additional information from the Applicant (to be specified by Councillors).

Community and Stakeholder Engagement

The proposed modification was publicly exhibited in accordance with Council’s Community Engagement Strategy for an extended timeframe from 8 September 2023 until the 20 October 2023 to ensure that adequate time was provided to review the proposed modification. Council received a total of 10 submissions. The issues raised in these submissions have been detailed and addressed in the Section 4.55 assessment which is included as Attachment 2.

A full copy of submissions has been uploaded to the Councillor portal for information.

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

ENVIRONMENTAL CONCERNS

· Impact on water quality and potential for contamination

· Health concerns about dust controls and silica

· Noise effects of crushing and traffic movements

· Removal of vegetation and impact on flora and fauna

· Compliance with EPA requirements

· Traffic

Soil and water management

A Soil and Water Management Plan (SWMP) was endorsed as part of the original approval and reinforced under Conditions 11-13 of the existing development consent. These conditions would not change under the Section 4.55 Application to Modify and are enforceable under the existing conditions as detailed below:

11. A soil and water management plan (SWMP) shall be prepared in accordance with the provisions of the NSW Government Landcom publication “Managing Urban Stormwater – Soils and Construction” (4th Edition 2004) and submitted for approval by Council prior to site works commencing.

12. All erosion and sediment controls as detailed on the endorsed SWMP shall be installed to Council’s satisfaction prior to site works commencing.

13. All erosion and sediment controls must be operated and maintained in an effective operational condition at all times to the satisfaction of Council.

Dust suppression

Petrographic Inspection Reports were commissioned by Merimbula Sand and Gravel as directly requested by NSW Resources Regulator. The free silica content was noted to be of low risk.

The existing development consent includes conditions to guide the management of dust during excavation, screening, crushing and the haulage of material to reduce this impact. These conditions would not change under the Section 4.55 Application to Modify and are enforceable under the existing conditions as detailed below:

17. During excavation, screening and crushing works, dust emissions must be minimised so as not to result in a nuisance to adjoining and adjacent lands held under separate ownership or result in a pollution incident.

18. Adequate dust control measures must be provided to the site and maintained at all times to the satisfaction of Council. Details are to be submitted to Council for endorsement prior to work commencing.

19. In the haulage of materials from the site, all loads shall be covered.

Noise mitigation

A detailed noise impact assessment was undertaken by acoustic consultants as part of the original approval presented to Council on 22 March 2011. The report addressed the potential noise impacts associated with the extraction and haulage processes associated with the Extractive Industry.

The original assessment confirmed that the noise associated with the Extractive Industry would not exceed the standards detailed in the Industrial Noise Policy and the environmental criteria for road traffic noise.

The closest subdivision (DA2008.0016) on Mine Road was approved prior to the lodgement of the existing approved Extractive Industry.

Conditions to mitigate the potential noise impact are detailed under the existing approval. These conditions would not change under the Section 4.55 Application to Modify and are enforceable under the existing conditions as detailed below:

7. Hours of operation of the Extractive Industry shall be confined to 7.00am to 5.00pm Monday to Friday and 8.00am to 1.00pm Saturday with no work or haulage of material on Sunday or Public Holidays.

9. The operation of all plant and equipment shall not give rise to an “offensive noise” as defined in the Protection of the Environment Operations Act 1997 and Regulations. In this regard, the operation of the plant and equipment shall not give rise to an LAeq’ 15 min sound pressure level at any affected premises that exceeds the background LA90’ 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A) in accordance with relevant NSW Department of Environment Climate Change and Water Noise Control Guidelines.

Where the sound contains prominent tonal, frequency varying characteristics, is impulsive or is intermittent in character allowances should be made in accordance with Section 4 of the EPA/DECCW Industrial Noise Policy.

10. All plant and equipment used shall be effectively maintained in good working condition.

Flora and fauna

The footprint of the existing Extractive Industry will not change under the proposed Section 4.55 Application to Modify. The site office and internal haulage road are within this approved footprint. A Property Vegetation Plan under the Native Vegetation Act 2003 was endorsed as part of the existing approval as required under the original conditions of conditions as detailed below:

26. Prior to any clearing of the land commencing, the proponent shall enter into a property vegetation plan which satisfies the provisions of the Native Vegetation Act 2003 and the requirements of the Authority.

27. A copy of the endorsed property vegetation plan shall be submitted to Council prior to the commencement of work.

The subject land formed part of a much larger area over private and State Forest lands that was used for the extraction of Pyrophyllite material (1973 to 1996). These lease holdings with State Forest and licencing arrangements with the EPA were surrendered prior to the approval of the existing Extractive Industry.

Traffic impacts

Submissions raised a number of concerns over the continued use of the Extractive Industry detailing the narrowness, construction standard and profile of the existing road is dangerous,

Mine Road is not well maintained and has been impacted by truck movements, the site forms part of a growing rural residential area with new dwellings and subdivisions, the haulage route is used by school buses and a growing number of families and safety concerns have been raised about the speed and timing of truck movements.

The original approval was issued with requirements for the upgrading of Mine Road. These works were undertaken and certified under an approval for a 5 Lot Subdivision (DA 2008.0016). The Section 4.55 Application to Modify will not alter the total construction quantities or increase the yearly amount to be extracted.

The following consent condition applies and would not change under the proposed Section 4.55 Application to Modify:

6. Mine Road shall be fully constructed and maintained at all times to Council’s satisfaction, being a two lane (6.4 metre wide) bitumen sealed standard. The operator shall submit to Council a road audit report after each operational period for review and appropriate action as warranted.

The applicant has noted that a road audit report has not been provided and accepts that an audit report will need to be submitted to Council and appropriate action prior to any additional works being undertaken.

There has been incremental development along Mine Road with new dwelling houses. Conditions are outlined on the existing approval and would not change under the Section 4.55 Application to Modify as details below:

Transport of material

20. The local bus operator shall be notified 48 hours in advance of the commencement of work on each occasion the operation involves the haulage of material from the site.

21. Advice on the intended haulage route, type of truck to be used, number of likely truck movements and hours of operation shall be provided in the interest of public safety.

COMPLIANCE

Concern has been raised about compliance with the existing consent conditions relating to hours of operation and monitoring of the site.

Confirmation has been received from the applicant that the existing Extractive Industry is operating in compliance with the hours of operation detailed on the existing approval. This would not change under this Section 4.55 Application to Modify as detailed below:

7. Hours of operation of the Extractive Industry shall be confined to 7.00am to 5.00pm Monday to Friday and 8.00am to 1.00pm Saturday with no work or haulage of material on Sunday or Public Holidays.

As with all development applications, Council is responsible for ongoing monitoring and compliance with conditions of consent and this will continue to be undertaken. An additional condition is also recommended to require the operator to submit to Council an annual Environmental Management Plan, as detailed below:

28. The proponent shall prepare an Annual Environmental Management Plan (EMP). The Annual EMP reporting period shall be from 1 July through to the 30 June. A copy of the Annual EMP shall be submitted to Council within 1 month from the end of the reporting period.

The EMP shall include as a minimum;

a) describe the development (including removal of existing stockpiled materials and rehabilitation) that was carried out in the previous reporting year, and the development that is proposed to be carried out over the current reporting year;

b) include a comprehensive review of the monitoring results and complaints records of the project over the previous reporting year, which includes a comparison of these results against:

• the relevant statutory requirements, limits or performance measures/criteria;

• the monitoring results of previous years;

• the relevant predictions in the application and subsequent reports;

· compliance with other conditions of this consent;

c) identify any non-compliance over the last year, and describe what actions were (or are being) taken to ensure compliance;

d) identify trends in the monitoring data over the life of the project;

e) identify any discrepancies between the predicted and actual impacts of the project, and analyse the potential cause of any significant discrepancies; and

f) describe what measure will be implemented over the current reporting year to improve the environmental performance of the project.

(Reason: To ensure the ongoing management and rehabilitation of the site and amended plans).

External Referrals

Referrals were sent to the Environmental Protection Agency, Crown Lands and State Forests for comment. No comment or concerns were raised.

Financial and Resource Considerations

Assessing proposals is part of the regular business of Council and resourcing to undertake this function is included in Council’s adopted budget.

Legal /Policy

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

Further compliance action could be undertaken where non-compliance with existing conditions of consent is identified.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposed modification is not inconsistent with the future directions of the Bega Valley Shire Local Strategic Planning Statement 2040, Council’s adopted Community Strategic Plan 2042, South-East and Tablelands Regional Plan 2036, Commercial Land Strategy and LSPS.

Environment and Climate Change

The impacts of the existing Extractive Industry have been addressed through existing conditions of consent and are detailed in the Section 4.55 Assessment Report, which is provided as Attachment 2 to this report.

Economic

The existing Extractive Industry is owned and operated locally. The extraction of material is used for road base that contributes towards development within the Bega Valley Shire.

Risk

The risks associated with the operation of the Extractive Industry have been addressed through operational conditions of consent. Non-compliance with these conditions presents a risk to the public and would be subject to further compliance action.

Social / Cultural

The continued operation will provide additional road base material for use in the installation and maintenance of infrastructure within the Bega Valley Shire.

Attachments

1 ⇩. Statement of Environmental Effects

2 ⇩. Section 4.55 Assessment Report

3 ⇩. Draft Modification Notice and Consent

4 ⇩. Copy of previous Council Meeting Report/Recommendation and Consent

Council 24 July 2024

Item 8.8

8.8. 2022.455 Concept Development Application for Change of use from tourist accommodation to residential flat building

Director Community Environment and Planning

Applicant	Garret Barry
Owner	Mr Allan Hsiao
Site	24-26 Merimbula Drive MERIMBULA, Lot 78 DP 712997
Zone	R3 Medium Density
Site area	2001m²
Proposed development	Concept development application for a change of use from tourist accommodation (motel) to a residential flat building with minor building works and strata subdivision. The proposed development seeks approval for the conversion of 20 motel units and one manager’s residence into 19 dwelling units by amalgamation of four units into two units resulting in: · 16 studio apartments · 2 one bedroom apartments · 1 three bedroom apartment and provision of 25 onsite carparking spaces.

Precis

This Concept Development Application (DA) is being reported to Council in accordance with Council Procedure 3.01.01, as staff are recommending a merit-based refusal of the concept DA.

Additional information has been requested from the applicant to demonstrate how the change in use would meet the Building Code of Australia provisions for the change in classification of the building and the relevant planning provisions of the Environmental Planning and Assessment Act 1979 and its Regulations 2021, in particular, the provisions of State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development that are required to be addressed with any development application. The applicant has indicated that no further information would be provided and has requested that the application be determined.

The application seeks variations to development controls set out within the Bega Valley Development Control Plan 2013 and the proposal has not demonstrated how the change in use would comply with the design criteria as per the Apartment Design Guide required by Clause 29 of the Environmental Planning and Assessment Regulations 2021. As assessing staff cannot be satisfied that the development is appropriate, having consideration to the relevant planning provisions, the application is recommended for refusal.

Officer’s Recommendation

That Council:

1. Refuse development application 2022.455 for the reasons specified in the Draft Notice of Determination, provided as Attachment 4 to this report.

2. Notify the applicant of Council’s decision.

Executive Summary

The application is being reported to Council in accordance with Council Procedure 3.01.01, as a merit-based refusal of the Concept DA is recommended by staff.

The proposal as a Concept DA does not have the level of information required to demonstrate how the change in use would meet the various state and local planning provisions. Due to a lack of information provided with the Concept DA, there is uncertainty of the development’s ability to comply with the Apartment Design Guide, as required by Clause 29 of the Environmental Planning and Assessment Regulations 2021, the Building Code Australia (BCA) accessibility standards, requirements under the Disability Discrimination Act, and the BASIX sustainable building requirements for a permanent residential use of the existing building.

The proposed development is subsequently recommended for refusal.

Background

The application was lodged with Council as a Concept DA under Clause 4.22 of the Environmental Planning and Assessment Act 1979 (EP&A Act).

A Concept DA is a development application that sets out a concept proposal for the development of a site, and for which detailed proposals for the site or for separate parts of the site are to be the subject of a subsequent development application or applications. This application seeks approval of the change of use of the existing building from tourist accommodation (motel) to a residential flat building including building works and strata subdivision.

In accordance with Clause 4.22(5) of the EP&A Act, “The consent authority, when considering under section 4.15 the likely impact of the development the subject of a concept development application, need only consider the likely impact of the concept proposals (and any first stage of development included in the application) and does not need to consider the likely impact of the carrying out of development that may be the subject of subsequent development applications.”

The submitted Concept DA seeks approval for the change in use of the building to a Residential Flat Building and minor building works and strata subdivision. The Concept DA has not provided any plans detailing how issues associated with the change in use can be complied with, as detailed in a Request for Additional Information to the applicant so the application can be adequately assessed under section 4.15 of the EP&A Act.

The site is located on the southern side of Merimbula Drive and is occupied by an existing tourist accommodation premises known as ‘Summerhill Motor Inn’. The premises comprises twenty motel units and one manager’s residence (approved under DA 1984.1390). The site is addressed as 24-26 Merimbula Drive, Merimbula and described as Lot 78 DP 712997. The site has a total site area of 2001m² and slopes down to the south from Merimbula Drive and is benefitted by a drainage easement burdened to adjoining Lot 11 DP 638052. There is an onsite swimming pool, some established landscaping, and driveway and area accommodating 22 car spaces.

 Aerial Image with Development Site Outlined in Blue (Source: BVSC GIS aerial imagery)

The site is located adjacent to the Merimbula central business area and close to a range of commercial, tourism and medium density residential land uses.

Proposed Development

Under this application, the Applicant is seeking a Concept DA approval for a change of use from the existing tourist accommodation (motel units) to a residential flat building. The proposed development intends to convert the 20 motel units and one manager’s residence into a total of 19 dwelling units by amalgamation of four units into two units that result in:

- 16 studio apartments (proposed dwelling units 1-7, 9-16),

- 2 one bedroom apartments (proposed dwelling units 8 and 17)

- 1 three bedroom apartment (currently a manager’s residence)

The proposal will provide 25 onsite parking spaces (see Attachments 1 and 2 for the concept site plans and unit layouts).

The application also seeks approval for minor building works and to strata subdivide the 19 apartments. There are no plans submitted with the application detailing the extent of the required building changes or strata plan, even though the Concept DA seeks approval for them.

The application in its Executive Summary details that the project will “provide residents of Merimbula with a low-cost, permanent living solution via strata subdivision. We propose to convert the SummerHill Motel into 18+ affordable studios and one-bedroom apartments for single households in the newly-approved R3 Mixed Medium Density Zone. These units would be owned rather than leased.

The plan supports two major Bega Valley Shire Council initiatives: Commercial Land Strategy 2040 – encouraging more permanent living close to town, and the Affordable Housing Strategy – providing more studio units for single people.

This “shovel-ready” project could be launched in 90 days with Council approval, bringing significant benefits to the local community and economy”.

Figure 2 Site Plan (Source: Submitted Plans)

Figure 3 Proposal layout – basement, ground and first floor (Source: Submitted Plans)

Planning Assessment

Environment Planning and Assessment Regulations 2021

Clause 29 of the EP&A Regulations 2021 provides minimum requirements for the lodgement and consideration of Residential Flat Buildings, including:

(1) A development application that relates to residential apartment development must be accompanied by a statement by a qualified designer.

(2) The statement must—

(a) verify that the qualified designer designed, or directed the design of, the development, and

(b) explain how the development addresses—

(i) the design principles for residential apartment development, and

(ii) the objectives in Parts 3 and 4 of the Apartment Design Guide.

(3) If the development application is accompanied by a BASIX certificate for a building, the design principles for residential apartment development do not need to be addressed to the extent to which they aim—

(a) to reduce the consumption of mains-supplied potable water or greenhouse gas emissions related to the use of—

(i) the building, or

(ii) the land on which the building is located, or

(b) to improve the thermal performance of the development, or

(c) to quantify and report on the embodied emissions attributable to the development.

The development application seeks approval for a residential flat building including internal changes to make two larger units and therefore needs a statement by a qualified designer that verifies how the development addresses the design principles for residential apartment development, and the objectives in Parts 3 and 4 of the Apartment Design Guide.

The importance of demonstrating how the development would comply with the Apartment Design Guide is to ensure that the end use of the units will achieve appropriate design and amenity considerations. This ensures that the design will positively influence internal and external amenity for residents and neighbours that contributes to positive living environments and resident wellbeing. These include matters relating to appropriate room dimensions and shapes, access to sunlight, natural ventilation, storage and ease of access for all age groups and degrees of mobility.

The Concept DA seeks approval for a residential flat building including internal changes however does not demonstrate that the intended use would be fit for purpose for permanent living. As a design verification statement has not been submitted for assessment, the application is required to be refused as it is considered a prerequisite for the lodgement of an application under Clause 29 of the EP&A Regulation 2021, regardless of the proposed concept nature of the application.

State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Developmentbeen considered by staff to address whether the development could comply with the relevant provisions set out within State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development (SEPP 65 – as was still in effect at the time of lodgement of this application), the design quality principles and objectives in Parts 3 and 4 of the Apartment Design Guide.

The following matters were identified as being inconsistent with the above provisions detailing the extent of non-compliance with each.

1. The applicant has not provided an assessment of the development against SEPP 65 and the Apartment Design Guide from a qualified designer.

2. The proposed development is not consistent with design quality principles contained within SEPP 65 including Principle 1: Context and neighbourhood character; Principle 2: Built form and scale; Principle 3: Density; Principle 4: Sustainability; Principle 5: Landscape; Principle 6: Amenity; and Principle 9: Aesthetics.

3. The proposed development is not consistent with the Apartment Design Guide including Objectives 3B-B Orientation, 3C Public domain interface, 3D Communal and public open space, 3E Deep soil zones, 3G Pedestrian access and entries, 3H Vehicle access, 4A Solar and daylight access, 4B Natural ventilation, 4C Ceiling heights, 4E Private open space and balconies, 4H Acoustic privacy, 4J Noise and pollution, 4L Ground floor apartments, 4N Roof design, 4P Planting on structures, 4K Apartment mix, 4O Landscape design, 4R Adaptive reuse, 4Q Universal design, 4S Mixed use, 4T Awnings and signage, 4U Energy efficiency, 4V Water management and conservation, Objective 4V-1, 4W Waste management.

The proposal also raises concern in meeting the following Apartment Design Guide Objectives including 3F Visual privacy, 3J bicycle and car parking, 4D Apartment size and layout, 4F Common circulation and spaces, and 4G Storage.

Non-compliance or partial non-compliances with the above Apartment Design Guide objectives may be due to the lack of information provided to date by the applicant. The Concept DA is clear that it seeks approval for the change in use to a residential Flat Building by utilising the existing building and unit layout, with minor building changes. Therefore, it is considered critical that any proposed variations or non-compliances with the Apartment Design Guide are fully documented. Insufficient information has been provided to ascertain the extent of compliance (or otherwise) with the relevant planning controls.

Bega Valley Local Environmental Plan 2013

The proposal has been assessed in accordance with the relevant provisions set out within the Bega Valley Local Environmental Plan 2013 (BVLEP). A full assessment of compliance with the relevant provisions are detailed in the Section 4.15 Assessment Report (See Attachment 3).

Zoning

The site is zoned R3 Medium Density Residential, and the proposal is permitted with consent under Clause 2.3 of Bega Valley Local Environmental Plan (BVLEP) 2013.

The objectives of the R3 zone are:

· To provide for the housing needs of the community within a medium density residential environment.

· To provide a variety of housing types within a medium density residential environment.

· To enable other land uses that provide facilities or services to meet the day to day needs of residents.

The proposal has been assessed as being inconsistent with the zone objectives for the following reasons:

· Although the development would provide smaller housing types close to the Merimbula commercial centre, it would only provide for a limited number of dwelling unit types that are unlikely to meet relevant design requirements for room sizes, provision of sunlight, ventilation and constraints for this style of development to meet its highest development potential for increased density, dwelling variety and mixed uses on the site as per Council’s Residential Land Strategy.

· The intended Strata subdivision will potentially inhibit the potential for redevelopment in the foreseeable future.

· A design or assessment in accordance with the Apartment Design Guide as required for a Residential Flat Building use under s29 of the Environmental Planning and Assessment Regulation 2021 has not been provided. It is considered that Apartment Design Guide compliant upgrades would trigger the requirement for a BASIX certificate. It cannot be determined whether the proposal would meet sustainable building requirements for housing needs due to lack of information provided with the current application.

It should also be noted that assessing staff consider that the conversion of the existing building would result in an underdevelopment of the site when reflecting on the outcomes sought for central Merimbula in Council’s Residential Land Strategy. In addition, the application does not demonstrate how the individual dwellings would be retained as an affordable housing project given that they would be sold separately with no mechanisms to restrict their use as an affordable housing development

Development Control Plan 2013

The proposal has been assessed in accordance with the relevant provisions set out within the Bega Valley Development Control Plan (BVDCP) 2013. A full assessment of compliance with the relevant provisions are detailed in the Section 4.15 Assessment Report (see Attachment 3).

Variations and lack of information addressing BVDCP 2013 clauses are noted with the Concept DA as follows.

1. Clause 3.2.2.2 requires open space for each dwelling at ground level with a minimum area of 50m² and a minimum dimension of no less than 2.5m, and that units above ground level must contain a balcony with a minimum area of 15m² and dimension of no less than 2.5m and contribute to 20m² of communal open space.

The applicant has sought a variation to this requirement, stating:

Given the small size of the apartments, they are likely to be occupied by single people or two people at most. Smaller private open space areas are therefore considered acceptable in this instance.

The proposal is within easy walking distance of inner Merimbula which has numerous cafes, public street furniture and other facilities to somewhat compensate for limited private open space.

The existing building and layout was designed and constructed in the late 1980s as a motel for short term occupation. The design does not provide appropriate private open space with even smaller communal open space on-site that would provide minimal amenity for future users of the development.

The variations would also indicate that minimal open and communal space would be non-compliant with the Apartment Design Guide design criteria, further identifying poor outcomes for the future users of the development.

2. Clause 3.2.2.4 requires that each unit be provided facilities with 5m² of storage space for each dwelling, adequate waste and recycling areas and open-air clothes drying will be provided.

The applicant has requested a variation to these requirements, stating:

Given the small size of the apartments, they are likely to be occupied by single people or two people at most. Therefore, it is considered reasonable that a smaller amount of storage space be provided. The existing building contains a workshop and a linen room that can be used for communal storage purposes.

Common outdoor drying area will be provided with details to be provided as part of a future detailed development application. Drying machines will also be provided in the common laundry room.

The applicant has identified that the development is to utilise the existing footprint of the building and mostly utilise the existing floor plans of each unit. The use is for permanent living and the lack of any formal storage facilities for future occupants is not supported. Any future development application in which the applicant might identify further storage would potentially reduce existing undersized room sizes further or remove undersized private open space areas within the site.

No details of waste management, including for bin pickup by contractors, have been provided in the application. It is identified that the development would be inconsistent with Apartment Design Guide for Storage and Waste management requirements. The proposal is not consistent with current quality design standards for Residential Flat Buildings and the variation under this Clause is not supported.

3. Clause 3.2.2.5 specifies accessibility provisions for Residential Flat Buildings with five or more dwellings, with one adaptable dwelling required to be provided for every five dwellings in accordance with Australian Standard (AS) 4299 – Adaptable Housing.

The applicant has requested a variation to these requirements, stating:

Given the proposal relates to the use of an existing building, the proposal does not comply with this requirement and a variation is requested…The existing building was built under previous provisions with limited potential for further adaption to improve accessibility. The grades of the site also make it difficult to improve accessibility to the street.

Parking can be reconfigured to provide a fully accessible space and a compliant path of travel to 8 units.

A full BCA compliance report was requested from the applicant to further consider and assess implications for accessibility, however this was not provided. There is uncertainty whether the proposal can meet Disability Discrimination Act accessibility requirements.

A variation to not provide four adaptable dwellings is inconsistent with the public interest for a Residential Flat Building close to Merimbula’s central business area and considering the needs of an ageing population in the Bega Valley. The requested variation to this development control would result in a poor outcome given the need for this style of development.

4. Clause 3.2.3.2 requires landscaping to be provided with a minimum of 35% of the site landscaped and designed to enhance the natural features of the site and compliment the development.

The applicant has requested a variation to these requirements, as follows:

All existing landscaped areas on site will be retained, amounting to 22% of the site. There is potential to convert two car spaces, adjoining the pool area, to add around 25m² of communal open space and landscaping.

The site is 2001m² in area and 700.35m² is required to meet the minimum 35% required by this Clause. The submitted site plan indicates an approximate area of only 329m² as landscaped, being 16.45% of the site. The addition of 25m² by removing two carparking spaces would increase the landscaped area to 17.7% of the site, resulting in an approximate 50.6% variation. No landscape plan has been submitted with the application. The variation is considered to be inconsistent with achieving quality landscape design requirements for a Residential Flat Building to current standards. As such, the variation is not supported.

Options

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

1. Refuse the development application as recommended by staff in this report.

2. Defer consideration of the matter and request a further report detailing draft Conditions of Consent and relevant Section 4.15 Matters for Consideration that would enable approval of the Application.

3. Defer consideration of the matter and request additional information from the Applicant to demonstrate the merit of the proposal against all outstanding matters per request for further information letter dated 24 August 2023.

Community and Stakeholder Engagement

The development application was notified to adjacent and adjoining owners for 14 days in accordance with Council’s Community Participation Plan (which forms part of Council’s Community Engagement Strategy) from 26 May 2023 to 9 June 2023. No submissions were received in the notification period.

Financial and Resource Considerations

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

Legal /Policy

The refusal of the DA due to the lack of information to assess the suitability of the change of use to residential accommodation is considered appropriate as there is insufficient information to ensure compliance with design provisions under the Apartment Design Guide and is not in the public interest.

The reporting of this application is consistent with Council Procedure 3.01.01, as a merit-based refusal of the development application is being recommended by staff.

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 applicant identified that the development would align to the South East and Tablelands Regional Plan. The South East and Tablelands Regional Plan provides strategic guidance to local planning and major developments in the region. The following directions of the Regional Plan were identified in the Statement of Environmental Effects with the Concept DA as being relevant to this development proposal:

· Direction 9: Grow tourism in the region

· Direction 16: Protect the coast and increase resilience to natural hazards

· Direction 24: Deliver greater housing supply and choice

· Direction 27: Deliver more opportunities for affordable housing

The applicant detailed that:

· The proposal in theory may remove 20 motel units from Merimbula’s stock of tourist accommodation. However, it is highly likely some of the units will continue to be the subject of letting to tourist uses such as AirBNB or timeshare.

However the proposal will add to important accommodation for employees of the Merimbula tourist industry, many of whom are excluded from residing locally given the high local cost of rents.

Also, as detailed in the attachments, there is an oversupply of this style of tourist accommodation in Merimbula.

· The development comprises a mix of studio, one bedroom and 3 bedroom apartments.

· Given the small size of many of the units, the proposal will provide important affordable housing options for those who cannot afford the rental or standard home purchase markets.

A review of the application has not demonstrated that the development would align with the South East and Tablelands Regional Plan and is considered to be inconsistent with the following future directions of the Bega Valley Shire Residential Land Strategy that includes an action for Merimbula to ‘Identify precincts suitable for apartments, town houses and other dwelling forms such as seniors housing including opportunities for redevelopment of older motel accommodation close to the town centre’.

The subject land is one of the older motel sites referred to in this action. Converting the existing building into multiple dwellings does not meet the aims of the strategy to redevelop these types of sites. The proposal would limit the amount of dwellings that can be provided on such a large site and the application does not demonstrate that the change to dwellings would be fit for purpose, given the numerous variations requested under BVDCP 2013.

Given the small size of the studio units, it is considered that they would not be suitable for any long term permanent residential living nor are there mechanisms to reserve them as affordable housing. There is potential that they could be reused for tourist purposes either as a holiday residence or through AirBNB or timeshare as detailed in the application.

The Statement of Environmental Effects addressed State Environmental Planning Policy (Housing) 2021 only to the point that it applies to the shire and notes Council is progressing strategies for affordable housing, both rental and owner occupied. The applicant submits that given the small size of many of the units, the proposal would provide important affordable housing options for those who cannot afford rental of larger or new accommodation or standard home purchase markets.

Merimbula in particular is an area with higher average rents and minimal affordable accommodation of the type proposed.

The strategic direction and associated planning controls provide for significantly more residential development on this site than would result from this proposal. As such, the proposal represents a significant underdevelopment of the site and is not supported.

The State Environmental Planning Policy (Housing) 2021 provides mechanisms for the provision of affordable housing including higher densities, greater height of buildings and floor space ratios that may be considered for a site to achieve and support greater opportunities for affordable housing which would address the need for appropriately designed and available affordable housing.

Based on the above, the proposed development as submitted does not align with the South East and Tablelands Regional Plan or the Bega Valley Shire Residential Land Strategy strategic direction.

Environment and Climate Change

The impacts of the development on the environment, including impacts on biodiversity and climate change have been assessed and are detailed in the assessing officer’s Section 4.15 Assessment Report (See Attachment 3).

The DA has detailed that BASIX certificates would not be required which is a provision for new residential dwellings arguing that the costs associated with the development would be below $50,000 per dwelling. The motel is dated and conversion of the motel to residential uses with no upgrades to improve energy efficiency and the like would not meet Ecologically Sustainable Principles, especially considering the applicant’s target market of affordable housing. There is insufficient information available in the application to demonstrate that the development would provide suitable energy and water efficiency or thermal comfort for permanent residents.

Economic

The impacts of the development on the economy are considered minor. It is considered that the change in use, utilising the same building footprint, is not the best economic use of the land, as envisaged by the Residential Land Strategy.

Limited employment will be generated with works associated with the requested minimal building upgrades. The proposal, although intending to provide affordable housing, does not provide an adequate variety of housing types within a medium density residential environment, would not activate the building to the street nor provide a mix of uses associated with employment generation and is therefore considered to be inconsistent with the R3 residential medium density zone objectives.

Risk

The assessment of development is a core function of Council. There are no material impacts on Council’s operations associated with refusal of the proposed development. 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.

Social / Cultural

The proposed development is inconsistent with the Bega Valley Local Strategic Planning Statement Planning Priority 11: Housing, residential land development principles 1, 2, 4, 6 and 8. It limits higher housing diversity options for the site, underutilises the site’s development potential for higher density housing in proximity to a commercial centre and associated efficient use of infrastructure, and inhibits future redevelopment with proposed strata subdivision.

Attachments

1⇩. Site Plan

2⇩. Proposed Floor Plan

3⇩. 4.15 Assessment report

4⇩. Draft Notice of Determination - Refusal

Council 24 July 2024

Item 8.9

8.9. Reporting of minutes for committees with delegated authority and advisory committees

This report provides the adopted minutes for the Bega Eden Merrimans Aboriginal Liaison Committee for February 2024, the Access and Inclusion Advisory Committee for February 2024, the General Community Hall Committee for November 2023 and April 2024, the Montreal Goldfield Committee for November 2023, and the S355 General Sportsground Committee for February 2024.

Director Community Environment and Planning

Officer’s Recommendation

That Council note the report and the minutes for:

· The Bega Eden Merrimans Aboriginal Liaison Committee for February 2024

· The Access and Inclusion Advisory Committee for February 2024

· The General Community Hall Committee for November 2023 and April 2024

· The Montreal Goldfield Committee for November 2023

· The S355 General Sportsground Committee for February 2024

Executive Summary

It is important to note that additional items may have progressed since the most recent meeting minutes were adopted.

Background

Committees of Council are established each term of Council and disbanded at the end of each Council term. On 11 January 2022 Council established various committees, groups and panels, following the Mayoral Election.

Committees of Council provide a mechanism for community involvement in the provision of Council facilities or services. There are three types of committee that may be established by a council: Committees of Council, which are comprised entirely of Councillors; Section 355 Committees, which are delegated under Section 355 of the Local Government Act 1993 to undertake certain functions of Council and may include community representatives, Councillors and/or members of Council staff; and Advisory Committees, which may be made up of community representatives, Councillors and/or members of Council staff, and provide advice to Council on relevant matters.

Each committee has guidelines that detail its roles and responsibilities, and where relevant, its delegated functions. All committees are obliged to observe Council’s adopted Code of Meeting Practice.

The committees, through Council officers, must make their agenda and minutes public, and report meeting minutes to Council periodically once adopted by the relevant committee. Agendas and minutes are published on Council’s website.

Relevant recommendations of Advisory Committees are reported to Council meetings, through Council officers, for consideration.

A brief outline of each of the committees included in this report is below.

Bega Eden Merrimans (BEM) Aboriginal Liaison Committee

The Local Aboriginal Land Councils and Bega Valley Shire Council have established the Bega Eden Merrimans (BEM) Aboriginal Liaison Committee as part of our commitment to work in partnership.

Committee members work together to achieve the objectives outlined in the Memorandum of Understanding as part of the journey of Aboriginal, Local Government and community reconciliation.

The May 2024 BEM committee meeting was rescheduled from 14 May to 18 June due to Sorry Business. The revised Memorandum of Understanding was endorsed by the BEM committee at the 18 June 2024 meeting and is being reported to Council separately at this meeting.

Access and Inclusion Advisory Committee (AIAC)

Over many years Council has supported an Access and Inclusion Advisory Committee (AIAC) as a mechanism to engage with people from diverse backgrounds and abilities to provide advice and guidance about accessibility issues across the Bega Valley Shire.

The AIAC assists Council to reduce barriers and improve access and inclusion to Council premises, public buildings and services for residents and visitors, including people with disability, older and frail people, parents with prams and other community members.

General Community Halls Committee

The General Community Halls Committee is a strategic committee responsible for oversight of the management of Council’s 18 halls. Committee members manage the hall facility hire and work with Council to bring about improvements to the management of Council’s halls.

Montreal Goldfields Management Committee

The Montreal Goldfields Management Committee is responsible for the care and management of the Montreal Goldfields site. The committee plays a key role in conserving the environmental and cultural heritage of the site.

S355 General Sportsground Advisory Committee

Council has various sporting facilities across 17 sites with a range of assets with a current replacement cost of approximately $44million. The current BVSC sportsgrounds management structure was established in 2016. The intention of the Section 355 General Sportsground Advisory Committee is to consider matters that relate to sporting facilities management in a Shire wide context. Roles and responsibilities include:

· Making recommendations to Council on any aspect of sportsground management and/or sportsground operations

· Making recommendations to Council on appropriate fees and charges structures for sportsgrounds

· Advising Council of the membership of individual sportsground community committees

· Recommend financial allocations for individual sportsgrounds from Council funds and/or funds from other sources

· Establishment of working groups or special task groups where required and report back to the committee.

Options

There are no options associated with the recommendation of this report.

Community and Stakeholder Engagement

Engagement undertaken

Nominations for Council committees are sought in line with Council’s adopted Community Engagement Strategy and Community Engagement Toolkit. Engagement with the committees to date includes formal meetings and out of session correspondence to keep projects on track and ensure progress of key actions.

Engagement planned

There are no further engagement requirements associated with the recommendation of this report. Should any of the committees need to recruit additional members to fill vacancies, these will be advertised in accordance with the requirements of Council’s Community Engagement Strategy.

Meetings of each committee will continue quarterly as per the terms of reference.

Financial and Resource Considerations

Council officer time is required to provide support to the committees as per committee guidelines which is part of the annual activities of Council. A small budget is included in the Operational Plan each year to cover room hire and other meeting costs. There are no additional financial or resource considerations associated with the recommendation of this report.

Legal /Policy

The Local Government Act 1993 provides for the establishment of advisory committees to support Council decision-making.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community representation on Council’s advisory committees supports the following elements of the Bega Valley Community Strategic Plan 2042:

6. Strong, Consultative Leadership

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

6.11.1 Improve communication about Council activities, decisions and achievements

Environment and Climate Change

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

Economic

There are no direct economic implications associated with the recommendation of this report, however supporting the economic independence of the LALCs, ensuring infrastructure, services and programs are accessible, and maintaining and utilising our community assets such as halls, will have broader economic benefits for the community.

Risk

The establishment and operation of committees of Council are part of the regular business of Council. The recommendation of this report does not introduce any new risks to Council.

Social / Cultural

Council committees seek to provide a mechanism for interested community members to play an active role in advocating for change at a local level. Committees of Council are an instrument for facilitating open and transparent discussion about decisions made by Council and to contribute to a more socially and culturally cohesive Bega Valley Shire.

Attachments

1 ⇩. Bega Eden Merrimans Aboriginal Liaison Committee meeting minutes 13 February 2024

2 ⇩. Access and Inclusion Advisory Committee meeting minutes 20 February 2024

3 ⇩. S355 General Community Hall Committee meeting minutes 21 November 2023

4 ⇩. S355 General Community Hall Committee meeting minutes 9 April 2024

5 ⇩. S355 Montreal Goldfield Committee Meeting Minutes 24 November 2023

6 ⇩. S355 General Sportsground Quarterly Committee Meeting minutes 26 February 2024

Council 24 July 2024

Item 9.2

9.2. Bega Valley Local Traffic Committee June 2024

This report provides the recommendations of the Local Traffic Committee (LTC) meeting held on 4 June 2024.

Director Assets and Operations

Officer’s Recommendation

That Council adopt the recommendations of the Bega Valley LTC meeting held on 4 June 2024 as outlined below:

The Quad Crown ORCA- Mountain Bike Race – Friday 6 September - Sunday 8 September 2024

1. That the proposed arrangements for Stage One Event, Saturday 7 September 2024 to be deemed a class 2 special event, involving sections of roads westbound lane of Bega Street in Tathra be closed from east of Tathra Hotel carpark entry west to Bega Street closure. Contraflow in place between upper Bega Street & Bega Street west of Tathra Hotel carpark entry. That lower section of Bega Street is closed east of East Lane which is to be conducted under an approved and current Traffic Guidance Scheme, in accordance with the SafeWork NSW Guidelines and Transport for NSW (TfNSW) Traffic Control Guidelines.

2. That the proposed arrangement for Stage One Event, Saturday 7 September 2024 to be deemed a class 2 special event involving road crossing east of Killarney Road, Tathra and the crossing of Tathra Road is to be conducted under an approved and current Traffic Guidance Scheme, in accordance with the SafeWork NSW Guidelines and TfNSW Traffic Control Guidelines.

3. That the proposed arrangement for Stage One Event, Saturday 7 September 2024 to be deemed a class 2 special event involving heading north on Kianinny Street, Tathra for riders turning left into Kianinny Street is it be conducted under an approved and current Traffic Guidance Scheme, in accordance with the SafeWork NSW Guidelines and TfNSW Traffic Control Guidelines.

4. That the proposed arrangement for Stage One Event, Saturday 7 September 2024 to be deemed a class 2 special event involving heading south on Davidson Street, Tathra for riders turning right into Bay Street from Kianinny Street. Traffic on Panuamuna Road & Yuppara Street to give way to riders as per road rules. All to be conducted under an approved and current Traffic Guidance Scheme, in accordance with the SafeWork NSW Guidelines and TfNSW Traffic Control Guidelines.

5. That the proposed arrangements for Stage Two Event, Sunday 8 September 2024 to be deemed a class 2 special event, involving the closure of Imlay Street in Eden between Chandos Street and Mitchell Street in Eden, from 8.00am to 9.00am, then riders will turn left and travel west up Princes Highway with controlled escort vehicles and delineation between lanes 1 & 2 from Mitchell Street to Bimmil Street, by way of cones.

Lead vehicle is to close Princes Highway in Eden from Bimmil Street at the North and Bellevue Place to the South for the safe crossing of Princes Highway, with speed zone reduction south from 80, 60 then 40km from Nethercote Road to Mitchell Street which is to be conducted under an approved and current Traffic Guidance Scheme, in accordance with the SafeWork NSW Guidelines and TfNSW Traffic Control Guidelines.

6. That the proposed arrangement for Stage Two Event, Sunday 8 September 2024 to be deemed a class 2 special event, upon completion of a 35km loop of Eden Gravity Mountain Bike Trails that riders remain 3 meters from edge of Highway (under traffic management) prior to crossing Princes Highway (opposite Ireland Timms Lane) which is to be conducted under an approved and current Traffic Guidance Scheme, in accordance with the SafeWork NSW Guidelines and TfNSW Traffic Control Guidelines.

7. That the proposed arrangements for Stage Two Event, Sunday 8 September 2024 to be deemed a class 2 special event, involving the closure of Chandos Street (west side) and Imlay Street in Eden between Chandos Street and Bass Street for the final sprint, from 12.00pm to 2.00pm, which is to be conducted under an approved and current Traffic Guidance Scheme, in accordance with the SafeWork NSW Guidelines and TfNSW Traffic Control Guidelines.

8. That persons involved in the preparation and implementation of the Traffic Guidance Scheme must hold the appropriate Safework NSW and TfNSW Accreditation.

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

10. That the organiser applies for a Road Occupancy Licence from TfNSW.

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

12. That organisers have approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police and TfNSW noted as interested parties for the event.

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

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

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

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

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

Re-Boot in Bermagui – Saturday 5 October - Sunday 6 October 2024

1. That the proposed arrangements involving sections of road reserves in South Tilba Road and Tilba Road, Wallaga Lake for the 15km fun run on Saturday, 5 October 2024 be deemed a Class 3 special event and it be conducted under an approved and current Traffic Guidance Scheme, in accordance with the Safework NSW Guidelines and Transport for NSW (TfNSW) Traffic Control Guidelines.

2. That the proposed arrangements involving road crossings at Lamont Street/Dickinson Park access roads, Lamont Street/Lions Park car park access, Lamont Street/Bermagui Fisherman’s Wharf access road, Lamont Street/Lamont Street crossing, Lamont Street Wallaga Lake Road, Wallaga Lake Road/Wapengo Street in Bermagui and return for the 5km fun run on Saturday, 5 October 2024 be deemed a class 3 special event and supervised by qualified marshals. Marshals are to wear high visibility clothing and ensure participants comply with NSW Road Rules and do not impact on traffic flow.

3. That the proposed arrangements involving road crossings at Lamont Street/Dickinson Park access roads, Lamont Street/Lions Park car park access in Bermagui for the 1.5km kids fun run on Saturday, 5 October 2024 be deemed a class 3 special event and supervised by qualified marshals. Marshals are to wear high visibility clothing and ensure participants comply with NSW Road Rules and do not impact on traffic flow.

4. That the proposed arrangements involving sections of road reserves on Tathra-Bermagui Road, and all intersecting roads to Hergenhans Road, Murrah for the ReBoot in Bermagui bicycle ride on Sunday, 6 October 2024 be deemed a Class 2 special event and be conducted under an approved and current Traffic Guidance Scheme, in accordance with the Safework NSW Guidelines and TfNSW Traffic Control Guidelines.
Note: TfNSW had concerns regarding the ride, and in particular rider dismounting.

5. That persons involved in the preparation and implementation of the Traffic Guidance Scheme must hold the appropriate Safework NSW and TfNSW accreditation.

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

7. That organisers have approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police and TfNSW noted as interested parties for the event.

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

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

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

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

Executive Summary

The Local Traffic Committee (LTC) is primarily a technical review committee and is not a Committee of Council. Local Traffic Committees operate under delegation from TfNSW who are responsible for traffic management on all NSW roads. Their role is to advise Council on traffic management matters that relate to prescribed traffic control devices or traffic management facilities for which Council has delegated authority.

It is a requirement for Council to formally adopt the recommendations from this Committee prior to action being taken.

Background

The following submissions for Council action were received at the LTC meeting held 4 June 2024

The Quad Crown ORCA-Mountain Bike Race – Friday 6 September - Sunday 8 September 2024

A submission has been received for The Quad Crown ORCA – Mountain Bike Race event, to be held on Friday 6 September 2024 to Sunday 8 September 2024 for a two-stage event in and around Tathra and Eden.

This event involves a weekend mountain bike stage race.

Friday 6 September 2024:

1.00pm registrations at Gravity Mountain Bike Trails Eden

3.00-5.00pm Prologue ride 8-10km time trial event, Eden Nullica State Forest.

5.00-7.00pm Dinner – Hotel Australasia, Eden

Saturday 7 September 2024:

8.00am registrations at Tathra Hotel, Tathra

9.00-11.30am Stage one – Tathra to Bournda National Park, Bundadung Trails

12.00pm – Rider’s function and presentation – Tathra Hotel, Tathra

Sunday 8 September 2024:

8.00am registrations at Hotel Australasia, Eden

9.00-12.00pm Stage two – Eden Nullica State Forest.

1.00pm Final presentation and social function – Hotel Australasia, Eden

Attachment: The ORCA - Quad Crown Mountain Bike Race

Re-Boot in Bermagui – Saturday 5 October - Sunday 6 October 2024

A submission has been received for the annual ReBoot in Bermagui event to be held on Saturday, 5 October and Sunday, 6 October 2024.

Saturday 5 October 2024:

The event incorporates different activities on the Saturday morning, including 3 fun runs:

1. A 15km fun run at 7.30am on Saturday from Dickinson Park to Camel Rock along Bermagui coastal walk track and return;

2. A 5km, no hills run/walk from Dickinson Park to Wapengo Street in Bermagui and return; and

3. A kid’s 1.5km run from Dickinson Park to Bermagui Fishermen’s Wharf in Bermagui and return.

All fun runs start and finish in Dickinson Park beside the Bermagui Surf Club. No road closures are required.

Sunday 6 October 2024:

Two main events on Sunday morning:

1. The community social bike ride departs at 7.00am from Bermagui Community Centre, travel south along Tathra Bermagui Road to Hergenhans Road at Bunga (Murrah) and return, total of 34.4kms.

2. The ocean swim, 1.2km swim from shore, out 600m and return to shore at Horseshoe Bay Beach where safety will be provided by the local Bermagui Surf Lifesaving Club and Bermagui Marine Rescue.

Other event activities on the program over the 2 days include yoga and pilates held in the Bermagui Surf Club; tai chi on the grassed area of Dickinson Park overlooking Horseshoe Bay; and a netball round robin on the new netball courts behind Dickinson Oval; stand up paddle boarding on Bermagui River; boot camp at the Blue Pool; badminton at the Bermagui Indoor Sports Stadium; and sports such as golf, tennis, barefoot bowls and croquet at the Bermagui Country Club.

Attachment: Re-Boot in Bermagui 2024

Options

1. Accept the recommendations provided by Council officers and resolve accordingly.

2. Reject the recommendations provided by Council officers and resolve accordingly.

3. Resolve on alternate or modified options raised by Councillors.

Community and Stakeholder Engagement

Engagement undertaken

There was no community engagement undertaken in relation to this report apart from communications with event organisers.

Engagement planned

The event organisers have advised they will notify all stakeholders approximately one month prior to the events taking place.Financial and Resource Considerations

There are no additional financial and resource considerations associated with this report.Legal /Policy

A Council can regulate traffic for the specific reasons set out in Division 1 of Part 8 (section 115) of the Roads Act, 1993 such as carrying out work on a road etc. whereas Transport for NSW (TfNSW, formerly RTA) can regulate traffic for any purpose.

If a Council wishes to regulate traffic for purposes other than those specified in Division 1 of Part 8 (section 115) of the Roads, 1993 (e.g. for amenity reasons) it must seek the advice of its Local Traffic Committee. The procedures for regulating traffic covering road closures, traffic calming, etc. are detailed in Division 2 of Part 8 (sections 116 to 119) of the Roads Act, 1993.

The delegation of these functions is carried out by TfNSW issuing Councils the RTA document, Delegation to Councils – Regulation of Traffic.

Part of the functions delegated to Council in the Delegation are:

· Regulation of traffic under Division 2 of Part 8 (Sections 116 to 119) of the Roads Act

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The recommendations are in line with our road and reserve management policies. The inherent risks associated with the events are mitigated by adherence to the agreed Transport Guidance Schemes and the stipulations made by the LTC.

Environment and Climate Change

There are minor environmental impacts as a result of event waste management and minor positive climate change implications associated with this report associated with use of active transport modes.

Economic

There are a number of positive economic implications associated with this report through increased local consumption of goods and services from increased visitation.Risk

There are minor timing risks associated with the submission of documentation by the event organisers. The inherent risks associated with the events are mitigated by adherence to the agreed Transport Guidance Schemes and the stipulations made by the LTC.Social / Cultural

The special events outlined in this report provide important social and economic benefits, by creating opportunities to come together with others and increasing overall well-being for both individuals and communities and as such staff have given much effort to support them as fully as possible.

Attachments

1 ⇩. The ORCA - Quad Crown Mountain Bike Race

2 ⇩. Re-Boot in Bermagui 2024

Council 24 July 2024

Item 9.4

9.4. Request for Tender (RFT) 2324-038 Sprayed Bituminous and Asphalt Surfacing

This report details the outcome of evaluation of Tender RFT 2324-038 for the Sprayed Bituminous and Asphalt Surfacing Program for the 2024/2025 and 2025/2026 financial year, with provision to extend for a further one year and recommends award to the preferred tender.

Director Assets and Operations

Officer’s Recommendation

1. That Council accepts the recommendations outlined in the confidential attachment.

2. That Council accepts the tender from <insert> in relation to contract for the works described in Tender RFT 2324-038, for the ceiling amount of <insert> (excluding GST), subject to variations.

3. That variations and amendments to the contract be managed under the existing Council financial delegations.

4. That authority be delegated to the Chief Executive Officer to execute all necessary documentation.

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

Executive Summary

The purpose of this report is to provide details of tenders received and evaluated for the annual supply of bituminous road sealing and reconstruction works in accordance with for Council’s adopted program of works.

Background

Council invited tenders from suitably qualified contractors to establish a three-year term schedule of rates contract for bituminous surfacing of Council roads. Tenders were advertised in Bega Valley Shire Council (BVSC) VendorPanel system on 9 May 2024. At the close of the tender period at 12.00pm on 25 May 2024, four documents had been issued, with 8 submissions received.

The tender submissions were assessed against the following non-price evaluation criteria:

Evaluation Criteria	Maximum score
Evaluation Criteria	Maximum score
Proposed construction arrangements, including site establishments and traffic management plan	20
Recognition of local outcomes, demonstration of support for local business and community enterprise	5
Support of Indigenous business development, provision of opportunities for Indigenous Australians to participate in the economy	5
Experience completing similar projects	20
References	5
Work health and safety, quality and environmental management qualifications& experience	10
Demonstrated capacity to undertake a project of this scale	5
Pricing	30
Total	100

Options

That Council:

1. Accept the recommended tender as outlined in the confidential attachment (preferred option).

2. Reject all tenders and re-advertise the project in the market. This is not a recommended option due to timing impacts to deliver this year’s relevant sealing program (includes sprayed bituminous and asphalt surfacing) during the 2024-25 spring/summer season and relevant project dependencies for co-ordination of associated activities.

3. Reject all tenders and negotiate with any person (whether or not the person was a tenderer) with a view to entering into a contract in relation to the subject matter of the tender. This is not a recommended option due to timing impacts to deliver this year’s relevant sealing program during the 2024-25 spring/summer season and relevant project dependencies for co-ordination of associated activities.

Community and Stakeholder Engagement

Engagement undertaken

In alignment to Council’s adopted Community Engagement Strategy this project is deemed to be low complexity with inform level of engagement. The project team will use a combination of online and offline existing communication tools through Councils media team to provide relevant community updates prior to resealing activities being undertaken.

Engagement planned

Internal engagement will be undertaken internally with other stakeholders within the Asset and Operations Directorate through various communication channels, and collaboration meetings with key stakeholders.

External community engagement will be facilitated through traditional media channels and social media as facilitated by Council’s media team.

Financial and Resource Considerations

This project is funded through Council’s long term financial plan capital budget for Financial year 2024/2025 and 2025/2026.

Item	$ Excl GST
Expenditure Detail
RFT 2324-038	Refer confidential memo


Total Expenditure	Refer confidential memo

Source of Funds	Refer confidential memo
<approved budget\|revenue funded>	Refer confidential memo
<grant income\|name of grant>	Refer confidential memo
<reserve funds\|name of reserve	Refer confidential memo
Total income available	Refer confidential memo

Total Project Capital Cost	Refer confidential memo
Total Available Construction Funding	Refer confidential memo
Project Funding Shortfall	Refer confidential memo

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Capital Investment \| Renewal, Upgrade, New	Refer confidential memo
Depreciation costs

Legal /Policy

The tender process complied with the Local Government Act 1993 and within the Local Government Procurement delegations. This contract is awarded in accordance with AS4000-1997 as per Council Contract RFT 2324-038 and Council’s Purchasing and Procurement procedure.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The project aligns with the Delivery Program 2022-25 and Operational Plan 2024-25 for undertaking capital works on assets.

Council’s related Community Strategic Plan objectives is - Our public and private infrastructure and community services meet community needs.

The current related Delivery Program 2022-25 actions are:

D1. 1 Plan for asset capital works

D1.3 Develop maintenance programs for infrastructure assets

D2.4 Construct (upgrade or renewal) civil assets/infrastructure

Environment and Climate Change

Delivery of the resealing program will achieve the following environment and climate change goals:

A reduced carbon footprint from extending the lifespan of existing roads to reduce the need for extensive reconstruction or more frequent maintenance which is more resource-intensive and generates higher carbon emissions.

Sealing of cracks prevents water ingress from storm and flood events into the underlying pavement layer which is more expensive to maintain and repair.

Economic

Delivery of the resealing program prolongs the life of existing road infrastructure, delaying the need for costly full reconstruction projects.

Similarly, delivering the resealing program will reduce the frequency and severity of future maintenance needs, leading to cost savings in road upkeep by preserving the more valuable and expensive pavement layer underlying.

Risk

Delivery of the resealing program will achieve the following risk improvements:

Reduction of accident risk from improved surface texture and skid resistance that enhances vehicle traction and reduces the likelihood of accidents, particularly in wet conditions.

Protects the road surface from environmental factors such as UV radiation and oxidation, which can cause the asphalt and seals to become brittle and crack and decrease ride quality.

Reduces the frequency and severity of maintenance needs, thereby minimizing disruptions to traffic and associated risks.

Social / Cultural

Delivery of the resealing program will achieve the following social/cultural outcomes:

Ensures that roads leading to cultural and historical sites are well-maintained, facilitating tourism and leading to the preservation of cultural heritage.

Supports Public Events through well maintained roads since roads are crucial for the smooth organization and execution of public events, parades, and cultural festivals.

Maintains and improves transportation links within and between communities, fostering social interactions and connectivity to facilitate community unity.

Attachments

1. Confidential Memo RFT 2324-038 Sprayed Bituminous and Asphalt Surfacing Program (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 24 July 2024

Item 9.5

9.5. Request for Tender (RFT) 2324-021 Watergums Creek Bridge Construction

This report outlines the evaluation of Request for Tender RFT 2324-021 Watergums Creek, Bridge Construction and recommends award to the preferred tenderer.

Director Assets and Operations

Officer’s Recommendation

1. That Council accepts the recommendations outlined in the confidential memorandum

2. That Council accepts the tender from <insert> in relation to the contract for the works as described in RFT 2324-021, for the sum of <insert> (including GST) subject to variations and provisional sums

3. That variations and amendments to the contract be managed under the existing Council financial delegations

4. That authority be delegated to the Chief Executive Officer to execute all necessary documentation in relation to RFT 2324-021

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

Executive Summary

This report details the outcome of the evaluation of Request for Tender RFT 2324-021. The project broadly includes:

1. Construction of a temporary bypass track/bridge to facilitate traffic movements along Wonboyn Road

2. Safe removal of the existing single lane bridge

3. Installation of a new 30m twin span, two lane bridge using the InQuick bridging system

4. Construction of the approaches and road to suit the new bridge

5. Minimisation of the impact of the works on the surrounding environment

6. Removal of temporary bridge and rehabilitation of the site area once works are complete.

The procurement has been carried out in accordance with Councils procurement procedure. The Request for Tender (RFT) was advertised on 31 May 2024 via VendorPanel marketplace. The request was released as an open tender with submissions closing on 26 June 2024. Three submissions were received.

The results of the detailed evaluation of each tender submission are consolidated in the confidential memorandum.

The project is funded through the Commonwealth Government Bridges Renewal Program (BRP) and the NSW Government Local Government Recovery Grant.

Background

The Watergums Creek bridge construction project aims to replace the existing timber bridge which is prone to flooding and susceptible to damage from fires with a more resilient concrete bridge. The new bridge will be built more than three meters above the level of the existing bridge meaning the likelihood of the bridge being inundated during a flood event is significantly reduced. The concrete construction of the new bridge will also ensure it is resistant to damage in the event of a fire and meet the 100 year specified design life.

Enabling work already completed includes purchase of the actual bridge components and the removal of a significant and dangerous amount of flood debris downstream of the bridge accumulated from consecutive flooding events in previous years following the 2019/20 Black Summer bushfires.

The funding for the new bridge has been provided through the Commonwealth Government Bridges Renewal Program (BRP) and the NSW Government Local Government Recovery Grant. These grants aim to upgrade vital infrastructure protecting transport routes during emergency situations.

Tenders were evaluated according to price and non-price criteria as detailed in the attached confidential memorandum. The submissions were evaluated individually by four panel members, who’s weighted scores for each criterion were averaged to provide a total score for each tender submission.

Options

There are three options in relation to the tender open to Council, they include:

1. That Council accepts the recommended conforming tender outlined in the confidential memorandum. This is the preferred option.

2. That Council declines all submitted tenders. This would expose the local community to greater risks.

3. That Council accepts an alternative tender. This does not represent the best value for money.

Community and Stakeholder Engagement

Engagement undertaken

On 27 April 2023, several councillors and staff attended a community meeting in Wonboyn at the RFS shed. The meeting was attended by several members of the community and the replacement of the bridge was discussed along with the previously completed project of removing the debris pile that had built up downstream of the bridge following a series of flooding events. Council has received several emails from the public concerning this project which have been responded to. There is an active project page on Council’s website with additional information and contacts.

Engagement planned

Media releases and project updates will continue through the project delivery stages until completion. This will keep the community informed of the works and any construction arrangements which may affect traffic on Wonboyn Road.

Financial and Resource Considerations

Item	$ Excl GST
Expenditure Detail
Total Expenditure	Refer to confidential memorandum
Total Expenditure	(sum of all costs)

Source of Funds
Commonwealth Government Department of Infrastructure, Transport, Regional Development, Communications and the Arts (the Department). Bridges Renewal Program	Refer to confidential memorandum
NSW Government Local Government Recovery Grants	Refer to confidential memorandum
Total income available	* total income = total project cost

Total Project Capital Cost
Total Available Construction Funding
Project Funding Shortfall	*= total expense – total income*

Legal /Policy

The tender process was undertaken in accordance with Section 55 of the Local Government Act 1993, part 7 of the Local Government (General) Regulation 2021 and Section 171 of the Local Government Regulations.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This tender and project is included in the 2024/2025 Council Operational Plan.

D2.3.2 - Completion of the replacement of Watergums Bridge, Wonboyn Road.

Environment and Climate Change

A Review of Environmental Factors (REF) report has been undertaken for the project in accordance with the provisions of Part 5 of the Environmental Planning and Assessment Act 1979 (EP&A Act 1979). The potential impacts of the proposed activity identified within section 4 of the report can be mitigated through appropriate safeguards to reduce these to acceptable levels.

The Contractor is required to produce an Environmental Management Plan meeting the requirements of government regulations and industry guidelines during construction activities, which will be monitored by Council and project staff. The Contractor is required to supply a works methodology in order for the Principal to obtain a Fisheries Permit from the NSW Department of Planning and Environment. The successful Contractor will be requested to submit this documentation when issued with the Letter of Award.

The proposed bridge will improve the resilience of the traffic network and greatly benefit the community of Wonboyn in the event of a natural disaster.

Economic

The replacement of Watergums Bridge will help improve vehicular access into Wonboyn which will aid the community, holiday traffic, forestry and other agricultural and aquacultural economic activities. The raised height and concrete construction will greatly improve its resilience to floods and bushfires and will also reduce the requirement for maintenance and repairs.

Risk

The RFT evaluation included an assessment against quality and price criteria to allow Council to achieve a value for money outcome balance on quality, price, risk and exceptional circumstances.

Social / Cultural

The REF and Aboriginal Heritage Due Diligence assessment identified no significant risks.

Attachments

1. Confidential Memorandum - RFT2324-021 Watergums Creek bridge Construction (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 24 July 2024

Item 9.7

9.7. Request for Tender (RFT) 2324-055 Waste Collections Contract Tender Evaluation Report

This report presents the outcome of the tender evaluation for domestic, public place and commercial waste collection services and seeks to determine the contract.

Director Assets and Operations

Officer’s Recommendation

1. Council accepts the recommendations outlined in the confidential attachment.

2. Council decline to accept any tenders under Clause 178 of the Local Government (General) Regulation 2021.

3. Council enter negotiations with the tenderers to overcome departures that may limit Council’s rights in certain circumstances.

4. Council delegates authority to the Chief Executive Officer to negotiate and execute all necessary documentation in relation to RFT 2324-055 and approve contract variations in accordance with the sustainable procurement framework.

5. That all tenderers be advised of Council’s decisions.

Executive Summary

Council outsources roadside waste collection services it provides to the community for (1) municipal solid waste (MSW), (2) recycling and (3) food organics garden organics (FOGO) streams.

The current Contract 78/17 is in its final extension period and is due to expire 30 June 2025. A tender was advertised from 17 April until 12 June 2024. A tender evaluation was completed 28 June 2024 with assistance from a neighbouring Councils Waste Services Manager as an independent panel member as well as support from an independent probity advisor. The tender evaluation report and recommendations are provided in the confidential attachment.

Background

Council’s roadside waste collections services are provided to domestic and commercial customers whose location allows collection on the roadside, with a small number of services provided through rural bin banks. Council also includes public place litter bin collection into the services contract due to economies of scale and service efficiency.

There are some 47,000 plus services provided under the contract, servicing approximately 13,300 residential and commercial properties as well as 531 public litter bins. The number of services changes routinely due to development and customer requests. In any one year on average, the services contractor performs nearly 1,500,000 individual bin lifts.

The proposed contract is based on a schedule of rates (per bin lift) under a 5-year service term commencing 1 July 2025, with two (2) x two (2) year extension options. Alternate proposals were received varying the contract term, explained further in the confidential attachment.

Options

In accordance with the Local Government Regulations (2021) NSW Part 7 Tendering, Council has the following options.

1. Council may accept the recommendations of the confidential attachment and decline all tenders and enter into negotiations with tenderers to overcome departures that may limit Council’s rights in certain circumstances. This is the recommended option and refers to the risks identified in the Confidential Memo.

2. Council may reject the recommendations of the confidential attachment and choose to accept either tender or decline all tenders and not negotiate. If the Council chooses to decline all tenders Council must resolve to do one of the following:

a. Postpone or cancel the proposal for the contract,

b. Invite fresh tender submissions,

c. Invite fresh applications from persons interested in making a tender,

d. Enter into negotiations with any person (including those who did not tender) with a view to entering into a contract in relation to the tender,

I. explicitly stating the reasons for declining to invite fresh tender submissions or applications, and

II. the reasons for determining to enter into negotiations with the person they so decide.

e. Carry out the requirements of the Contract itself.

Community and Stakeholder Engagement

Tenders for domestic and other waste services attract additional stakeholder engagement requirements for Council under the Local Government Regulations (2021) NSW. These include requirements to attempt to provide relevant industrial relations information in the tender so that prospective tenderers must commit to protecting the employment and entitlements of existing waste workers and engaging with relevant registered organisations in evaluating and awarding tenders.

Engagement undertaken

Council took all reasonable efforts to comply with recent amendments to the Local Government Regulations (2021) NSW Section 170 and 173 and was unable to do so fully. Details are provided in the confidential attachment. The regulations operate in such a way that Council is not required to engage further with relevant registered organisations (understood to be workers unions and industry bodies) before awarding the tender.

Waste staff engaged with other NSW Council’s waste teams in preparing the tender, especially those that have navigated the recently amended Local Government Regulations (2021) NSW Section 170 and 173.

A mandatory pre-tender meeting was held on 30 April 2024, which were minuted and incorporated into the Tender documents.

Council takes continuous feedback from the community in providing contracted waste collection services. Waste staff reviewed customer complaints and suggestions and considered trends and issues when developing service specifications.

In parallel to the tender, Waste staff recently undertook a comprehensive Waste Service Review and Customer Satisfaction Survey. The results from the survey indicate high satisfaction with all aspects of the roadside collection service. There are some locality specific issues with public place litter bin services, which can be addressed under this contract.

Engagement planned

Following the award of contract, a media release will inform the community of the impacts to be expected on changeover of services. This is not expected to generate significant interest as there are minimal changes anticipated at the services commencement date.

Financial and Resource Considerations

Waste collection services are a major cost element in the Waste Fund. Historically it has represented 20% of the total financial expenditure for waste services annually.

The preferred tenderer’s prices are consistent with moderate increases in industry costs. This can be attributed to higher than normal increases to fuel and fleet costs over the last 4 years. Recycling fees have also increased dramatically following the destruction of the Hume ACT Material Recovery Facility in December of 2022 which seriously impacted the regions processing capacity, driving up costs to Councils. Despite this, the tenderers have provided proposals which minimise cost impacts and inflationary pressures to Council.

Council has the ability to vary waste management charges and collection fees annually to ensure fair fees are charged to users of the service to cover actual costs.

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts

$ Excl GST

Annual maintenance and operational costs

See confidential memo

User charges (annual income) from Domestic Waste Fund and Commercial Waste Charges

~$9.947M annually subject to revision.

This figure includes landfilling and organics processing costs incurred internally and attributed to domestic and commercial waste collection which can vary significantly.

Legal /Policy

Council is required to provide waste removal and disposal as a service function in accordance with the Local Government Act 1993 (NSW) Chapter 5. Additionally, all waste removed from land by or on behalf of the Council is the property of the Council in accordance with the Local Government Act 1993 (NSW) Section 743.

Council is required to make and levy charges for domestic waste services provided to the community and expend funds in accordance with the Local Government Act 1993 (NSW) Section 496, 501, 504-507.

The tender has been conducted in accordance with all relevant requirements of the Local Government Act 1993 (NSW) and Local Government Regulations (2021) NSW. The contract has been constructed to operate in accordance with Council’s obligations to provide waste services under the Local Government Act 1993 (NSW) and will be funded in accordance with the Act.

Council engaged Keystone Lawyers to provide legal advice and assistance to draft contract documents, provide independent probity advice and assist Council in meeting its obligations for tendering waste services under the recently amended Local Government Regulations (2021) NSW Section 170 and 173. An external probity advisor also provided assistance to ensure Council and its contractor will meet their respective obligations of the Modern Slavery Act (2018). The Probity Evaluation prepared by the probity advisor is attached and attests there were no probity concerns observed throughout the tender process.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Waste services are provided in line with the community’s expectations for responsible and sustainable services. Notably the Community Strategic Plan outlines several strategic objectives and strategies to ensure waste minimisation and resource recovery are available through recycling opportunities, and to protect the environment by providing services that reduce pollution. The CSP also demands Council manages its resources to meet agreed service standards and provide value for money.

Environment and Climate Change

Responsible management of waste services and waste logistics is critical to minimising environmental harm from human activity. The preferred tender proposes to implement new vehicles with modern engines that meet or exceed emission reduction standards. Route planning software optimises collections routes each day, minimising fleet run times. These measures assist Council in achieving its net zero targets compared to possible alternatives.

Economic

The contract for waste services secures a minimum of 13 jobs in the local community, with the preferred tenderer committed to enhance local outcomes by sponsoring local not for profit clubs and charities, as well as maximising purchasing from local suppliers.

Risk

Due to the scale of the tender, a Corporate Scorecard Detailed Express Check was conducted on the preferred tenderer. It provides a due diligence assessment of corporate structure, office holders and public record checks using the Equifax Risk Score based on immediately available non-financial data and trade payment analysis. The assessment returned a marginal result.

Waste collection services and their contracts are large and complex undertakings. As a wholly outsourced service, Council is reliant on the contractor for services performance. Sound contract management processes are the key risk mitigation. Currently, Council’s contract representative is a qualified and experienced contract professional. Monthly contract meetings of organisational representatives are specified to ensure smooth running of the contract. Methods for escalation of issues and notices align with industry best practice and are well understood by Council and the preferred contractor.

Detailed transition in plans were provided by both tenderers to ensure smooth transition to the new contract.

The contract form is a slightly modified version of the NSW EPA’s model contract (in use since 2016) for waste collection services, further reinforcing industry contract norms in its operation.

The contract specification assigns certain risks to the organisation best placed to manage it. Specifically, financial and operational risks around waste processing are assigned to:

· The Contractor for all operational aspects of the collection service, including its customer service and administration.

· The Contractor for the replacement of damaged bins and delivery of new bins, whilst Council retains ownership which minimises costs at change of contracts.

· The Council for the processing of residual waste and organic waste, as Council owns both processing facilities for these waste streams.

· The Contractor for the processing of recycling, as they are responsible for its collection, bulking and delivery to a Material Recovery Facility outside of the Shire.

Social / Cultural

There are minimal social or cultural impacts related to the award of contract or delivery of services.

Attachments

1. Confidential Memorandum - RFT 2324-055 Tender Evaluation Report (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.

2. RFT 2324-055 Probity Attestation (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.

3. Express Check report on preferred tenderer (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 24 July 2024

Item 10.1

10.1. Local Government NSW (LGNSW) Annual Conference 2024 - Motions

The Local Government NSW Annual Conference will be held at the Tamworth Regional Entertainment and Conference Centre from Sunday 17 November to Tuesday 18 November 2024 and is the pre-eminent policy making event for the Local Government sector in NSW.

Director Business & Governance

Officer’s Recommendation

That Council:

1. Endorse the following Motions being submitted to LGNSW for consideration for inclusion onto the Agenda for the Annual Conference, to be uploaded by 12 midnight (AEST) on Friday 15 August 2024 to the LGNSW website:

a. Regional Arts Development Organisations funding as included in this report

b. Waste tendering regulations amendments as included in this report

c. Cyber Security in Local Government as included in this report

d. Certainty and regularity in roads and bridges funding programs as included in this report

e. Procurements outside the public tender process as included in this report

f. Regional Housing Flying Squad as included in this report

g. Planning reform fee collection as included in this report

h. The importance of council recreation assets is recognised as a preventative tool directly linked to and supporting the health care sector as included in this report

i. State-wide library shared collection as included in this report

j. Cemeteries internment levy as included in this report

k. Dams Safety Regulation Levy as included in this report

l. Mandatory Councillor induction training as included in this report

m. Employee development support as included in this report

n. Funding of pensioner rebates as included in this report (repeat from 2023)

o. Grant funding for planning and strategy development as included in this report (repeat from 2023)

p. Skills shortages as included in this report (repeat from 2023)

q. Power provision to government owned infrastructure as included in this report (repeat from 2023)

r. Skills shortages- childcare as included in this report (repeat from 2023)

s. Affordable housing as included in this report (partial repeat from 2023)

2. Note that the newly elected Council will be provided an opportunity to review, amend and add to the Motions prior to the final submission deadline of 20 October 2024.

Executive Summary

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

Each year, member Councils across NSW submit a range of motions to the Annual Conference conducted by Local Government NSW (LGNSW) https://lgnswconference.org.au/. 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. The current LGNSW Policy Platform - May 2024 is included as an attachment to this report.

Given it is a Local Government election year, LGNSW have requested that motions be submitted by 15 August 2024 with a subsequent and final submission deadline of 20 October 2024. This will allow the newly elected Council the opportunity to review the motions and provide input prior to finalisation.

Several of the motions listed are repeated from the motions put forward in 2023. Council officers are recommending they be put forward again to reiterate the position of Council and seek to have the items included in the LGNSW Policy Platform.

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. Councils are encouraged to submit motions by Friday 15 August. The latest date motions can be submitted for inclusion in the conference business paper is Sunday 20 October 2024.This will provide the newly elected Council an opportunity to review the motions resolved by Council and consider any amendments or additional motions they would like to put forward.

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

Motions proposed by Bega Valley Shire Councillors

Indicative category of the motion:	Social and community policy
Motion Title	Regional Arts Development Organisations Funding
Motion Wording	That LGNSW 1. Call on the NSW Government to reinstate the secure funding for 15 Regional Arts Development Organisations (RADOs) 2. Call on the NSW Government to review the Creative Communities funding reform and ensure that funding programs previously used to support Council cultural and community services are not reduced.
Background note:	As part of the NSW Government’s Arts, Culture and Creative Industries Policy (Creative Communities) 2024-2033, the Arts and Cultural Funding Program (ACFP) reform has recently been announced in June 2024. The reform brings an end to the Regional Arts Development Organisations (RADOs) framework. From 2025 each of the 15 RADOs will have to apply for funding on a competitive basis in the same pool as arts organisations from across the state. RADOs play a critical role in developing arts and cultural talent in regional communities, through locally driven arts events and festivals, partnerships with local government, businesses and organisations and individual support for creatives. Across the state, councils invest and support RADOs through various means and do so on the basis that the NSW Government is also investing in these organisations to ensure that they have adequate resources to hire staff and produce programs for the communities that they serve. Without secure state funding it places further pressure on councils and leaves RADOs in a precarious annual hunt for funding to remain viable. It is hardly a stable base from which to support the arts sector. Create NSW did not consult with the RADO network, Local Government NSW or councils on this significant change to how the regional arts sector will be supported moving forward. The intent of the Creative Communities policy was to support artists, creatives and cultural organisations, however this dismantling of the secure funding structures of RADOs across the state only serves to create further volatility for the regional arts sector. The NSW Government has also simplified various arts and culture funding programs from 14 down to 4 and is seeking to implement improvements in application processes, however Council is concerned that with fewer programs and greater competition this will impact funding Council has relied upon to support cultural services like our regional gallery.

Indicative category of the motion:	Social and community policy
Motion Title	Waste tendering regulations amendments
Motion Wording	That LGNSW: Call on the NSW Government to urgently repeal or adjust the waste tendering regulations recently adopted in December 2023 that was intended to protect the employment of private sector waste workers, however limits value for money outcomes in service provision for communities.
Background note:	In December 2023, the Local Government (General) Regulation 2021 was amended by the Local Government (General) Amendment (Tendering) Regulation (No 2) 2023 (Amendments). The Amendments relate to local government waste management tenders, and place new obligations on both Councils and waste management contractors to mandate conditions of employment of incumbent waste employees and increase the oversight of trade unions in NSW’s waste industry. Tender proposal documents issued by Councils for domestic or other waste management services contracts must now include details of the individual employees who currently provide the service, and the terms on which the individuals are employed (i.e. salaries and leave entitlements), unless the council cannot reasonably obtain access to that information. The information must be de-identified to protect the privacy of individuals. If the tender documents include the employee information referred to above then tender submissions must contain an undertaking that the tenderer will offer those employees continued employment: · on at least the same terms as that individual’s current employment; · that recognises the employee’s period of service with the incumbent provider; and · that will pay annual increases in accordance with either the applicable industrial instrument or the Local Government (State) Award. The onus is on the tenderer to comply with these employee protection clauses. Non-compliance can lead to disqualification from the tender process or legal consequences post-award. A Council cannot accept a tender submission until it has consulted with and satisfied the relevant trade union, adding another layer of complexity and risk to the tender process. These amendments could lead to increased operational costs due to higher wage bills and financially impact Councils and ratepayers. They also provide an unfair advantage to incumbent contract holders therefore reducing competitiveness in the tendering process. There is also considerable risk that this approach to worker protection could set a precedent for other services that Councils contract out including civil works, IT support, legal services, undermining the principles of local government procurement more generally.

Indicative category of the motion:	Council governance and accountability
Motion Title	Cyber Security in Local Government
Motion Wording	That LGNSW expand on the current LGNSW advocacy priority on cyber security and call on the NSW Government to: 1) Note the findings of the Audit Office of NSW, March 2024 Cyber security in local government Audit finding report, acknowledging the challenges to Local Government in maintaining a strong cyber security stature. 2) to implement recommendations found in the report including: - maintaining a schedule of regular consultation between Office of Local Government, Cyber Security NSW and the local government sector, to progress maturity in cyber security risk management. This should include process guides, templates and best practice recommendations and a framework to regularly review. - Instruct the Office of Local Government to update procurement guidelines to support managing cyber security risks in procurement processes and ongoing third-party arrangements. This could include the establishment of standard agreements; local government entities may piggyback for access to recommended and vetted cyber security services (eg. Security Operations Centre providers). - Cyber Security NSW maintain and expand the Cyber Security Guidelines and related resources and review the usefulness / adaptability of these products to local government entities. 3) establish a permanent funding stream to assist and supplement investment in Cyber Security skills. This could take the form of: a. Trainee / apprenticeship or other learning opportunities to engage, build and maintain cyber security knowledge in local government. b. Expanded support and resources available from Cyber Security NSW, so that ‘free’ services are more readily available. Specifically around architecture, planning, monitoring and governance. c. Increased grant opportunities for digital solutions. d. Establishing Local Government Agreements, enabling shared licencing agreements at reduced costs and defined service scopes.
Background note:	In 2022 the Office of Local Government – Cyber NSW published the ‘Cyber Security Guidelines – Local Government’ recognising that Cyber Security is relevant within the Local Government environment and context. In 2023-2024, the Audit Office of NSW conducted a Cyber security in local government Audit, finding that whilst Councils are making progress towards improving Cyber Security it is limited. Many Councils are also adopting greater digital solutions, keeping pace with the world of Digital Government and the service offerings presented by our chosen vendors. The shift to digital service delivery requires a transformation not only of the supporting technology capabilities but also of the staff, vendors and service delivery practices employed within Councils. Adopting a cyber security lens to service delivery and governance cannot occur without the appropriate knowledge and education. Strong cyber security enables the effective use of emerging technologies, maintaining the confidence, integrity and availability of the services we provide, as level of Australian Government. Whilst the Australian and NSW Governments recommend the adoption of cyber security practices, many Councils do not have access to the capability, funding and capacity required for cyber security maturity uplift.

Indicative category of the motion:	Infrastructure policy
Motion Title	Certainty and regularity in roads and bridges funding programs
Motion Wording	That LGNSW calls on the NSW Government to provide certainty, flexibility and regularity around future roads and bridge funding programs and supports better connection between these programs.
Background note:	Councils are required to develop asset management and financial planning documents over a minimum 10- year period. Councils also rely heavily on competitive and non-competitive grant funding from both the state and federal governments to deliver the required level of asset maintenance, renewals and upgrades. Council is calling on the state government to commit to longer term roads and bridge funding programs that are visible multiple years in advance and are not impacted by election cycles. This certainty and regularity of funding programs helps Councils to better plan and deliver on its forward capital works programs. Council is also calling on the State Government to provide funding programs that support pre-construction project development activities like design and investigation. At present roads and bridges funding streams are often separate programs. Improved integration where a package of works including both road and bridge assets may be funded under a grant program would provide improved outcomes.

Indicative category of the motion:	Economic policy
Motion Title	Procurements outside the public tender process
Motion Wording	That LGNSW calls on the NSW Government to provide a Procurement Code of Conduct to allow consistency across local government procurement activities, provide a platform for smaller regional councils with limited resourcing, and ensure consistency for suppliers when responding to quotes across multiple local government regions.
Background note:	The Local Government Act 1993 (NSW) specifies instances where a public tender process is not required, and there are provisions for seeking quotes from pre-approved contractors. Beyond these instances, individual councils are responsible for creating and maintaining their own procedures related to procurement. While resources on procurement processes and governance are available, examples may only serve as reference material and might not directly apply to local government procurement activities. When legislation updates are necessary for incorporation into council policies, subject matter experts can provide input and strategies. For instance, recent audit recommendations highlighting the need to incorporate cybersecurity measures into council procurement policies.

Indicative category of the motion:	Social and community policy
Motion Title	Regional Housing Flying Squad
Motion Wording	That LGNSW call on the State Government to reinstate the Regional Housing Flying Squad that ceased on 30 June 2024.
Background note:	The State Government launched the Regional Housing Flying Squad (RHFS) in April 2022. It was a free program for all 96 regional councils that allowed them to outsource the assessment of residential Development Applications to a team of planners in the State Government Planning Delivery Unit. It was practical and much needed support from the State Government that genuinely took pressure off our planners. The program is no longer being funded and concluded on 30 June 2024. This service was assisting councils to deliver an efficient development assessment service when skills shortages continue. Since the inception of the program, the RHFS has completed the assessment of 74 DAs on behalf of Council. The continuation of the RHFS is essential for Council to provide the community with completed assessments within reasonable timeframes and enable much needed development to progress, particularly following the Minister’s Statement of Expectations Order 2024 which came into effect on 1 July 2024, directing councils to continue to reduce their DA assessment timeframes.

Indicative category of the motion:	Planning and building regulation policy
Motion Title	Planning reform fee collection
Motion Wording	That LGNSW advocate to the Department of Planning to adapt the planning portal to allow the State Government to collect the planning reform fee directly from applicants
Background note:	Councils currently collect the planning reform fee on behalf of the State Government in accordance with Section 266 of the Environmental Planning and Assessment Regulation 2021. The fee is collected and then paid back to the State Government. The Planning Portal could be configured so that this fee is paid directly to the state, saving Council administrative resources in collection and payment.

Indicative category of the motion:	Infrastructure policy
Motion Title	The importance of council recreation assets is recognised as a preventative tool directly linked to and supporting the health care sector
Motion Wording	That LGNSW call on the NSW Government to acknowledge the importance of leisure and recreation facilities provided by Councils across the state as a key element supporting the health care sector through enabling healthy lifestyles and reducing impacts, consequence and costs of poor health.
Background note:	Councils across the state manage billions of dollars of leisure and recreation assets including playgrounds, natural reserves, sporting complexes and swimming pools. Councils also rely heavily on grant funding to renew and upgrade those assets when needed. Council is requesting the NSW Government acknowledge the important role these assets play in helping communities to stay active and engaged. These assets provide venues where people can connect, exercise and socialise and engage in healthy lifestyles. Healthy people are more productive and have higher workplace attendance reducing the impact of absenteeism on business and the economy. Recreation assets play a key role in the prevention of poor health outcomes for communities and reducing the impact and burden on the health care sector. The importance of recreation assets as an integral item linking to heath care needs to be acknowledged, and their value in prevention of poor health outcomes reflected in funding available for provision of these assets.

Indicative category of the motion:	Social and community policy
Motion Title	State-wide library shared collection
Motion Wording	That LGNSW call on the State Library to investigate the feasibility of a state-wide library shared collection, as is the model in Victoria.
Background note:	Councils in Victoria have a one card system across the state so that all public libraries are connected and there is a shared collection which offers efficiencies to Councils and a larger range of items for library users.

Indicative category of the motion:	Social and community policy
Motion Title	Cemeteries internment levy
Motion Wording	That LGNSW call on the NSW Government to remove the cemeteries internment levy imposed on councils from 1 July 2024.
Background note:	Without sector consultation or adequate notice the NSW Government imposed a cemeteries levy on Councils. This is an example of blatant cost shifting to councils.

Indicative category of the motion:	Environmental policy
Motion Title	Dams Safety Regulation Levy
Motion Wording	That LGNSW call on the NSW Government and IPART to consider the cost increases in the levy that will be passed onto Councils and consider including this levy as a ‘special adjustment factor’ in the rate peg formula.
Background note:	In 2015, the NSW Parliament passed legislation allowing the NSW Government to establish a levy to fund the costs of regulating the safety of declared dams. IPART has been authorised by the NSW Government to design the levy and has consulted with dam owners including Councils who will be impacted by the levy. This levy could cost Bega Valley Shire Council up to $100,000 which will be passed onto ratepayers with no mechanism to recoup those funds so as to not impact service delivery.

Indicative category of the motion:	Council governance and accountability
Motion Title	Mandatory Councillor induction training
Motion Wording	That LGNSW call on the Office of Local Government to fund mandatory training for elected officials on governance in local government and that: 1. the training be developed and delivered uniformly across the sector by an approved provider. 2. the training include the following components: - Code of Conduct - Financial Management - Asset management - Social media - Planning in local government - IPR framework 3. The OLG Administer a register of attendance in the mandatory training and implement consequences for failure to attend
Background note:	Councillors are elected by their communities to set and deliver upon a strategic direction for their Local Government Area. Councillors bring a diversity of skills and experience and at times this may not include the skills or experience required to manage an asset and service-based business like Councils. Mandatory skills-based training to assist Councillors to ensure they are equipped to undertake their role is imperative. Local Government elections will be held in September 2024. As a result, members of the community will be elected to Council as either a mayor or councillor. There is a need to ensure that all elected officials are onboarded and inducted to their roles as public officials in a professional and productive manner. Clear instruction, training, and development is required for all people elected to public office. A formal, consistently applied, and regulated induction program across the sector would potentially improve the quality of services delivered to our communities.

Indicative category of the motion:	Industrial relations and employment policy
Motion Title	Employee development support
Motion Wording	That LGNSW call on the NSW government to ensure that funding for trainee and apprenticeship programs consider the costs associated with coordinating, supervising and mentoring these employees.
Background note:	The State Government offers various funding programs that provide support for trainees, apprentices and cadet programs. The funding is typically targeted at the education institution or the employee directly. There is inadequate funding provided for the organisation that is required to coordinate, supervise and mentor these employees in the early stages of their career. More resourcing is required within local government to coordinate learning and development plans, mentoring, coaching, and supervision of young people engaged cadetships, traineeships, and apprenticeships.

Indicative category of the motion:	Council governance and accountability
Motion Title	Funding of Pensioner Rebates
Motion Wording	That LGNSW: Call on the NSW government to fully fund pensioner rebates and take the additional financial burden off non pensioner ratepayers.
Background note:	The system of rating in NSW allows for pensioners to receive a rebate from their rates. Although this principle has merit and is generally supported by councils there are consequences that are not supported. Councils have costs of providing services to their communities and if council is essentially ‘retuning revenue’ to some of its ratepayers being pensioners it means they need to generate offsetting revenue from their ratepayers to cover the cost of rebates. If there is demographic change over time resulting in more pensioners in a local government area (LGA) this can further exacerbate the issue. The solution to address inequities within different LGA’s is for the NSW Government to fully fund pensioner rebates.

Indicative category of the motion:	Economic policy
Motion Title	Grant funding for planning and strategy development
Motion Wording	That LGNSW: Advocate to the NSW Government to continue to develop and deliver grant funding programs that support strategic planning and strategy development.
Background note:	Many councils are experiencing unprecedented growth and development. This demand for growth provides an enormous opportunity for regional communities as well as numerous challenges. There are very few grant programs that offer funding for forward planning and strategy related work, with the funding typically available for the delivery of infrastructure. Grants to support councils to undertake planning work will ensure councils are better placed to respond to and deliver quality grant funded infrastructure projects. It is imperative if we are to get the infrastructure, we need in the right place for the right type of growth that funding is available for planning related work.

Indicative category of the motion:	Industrial relations and employment policy
Motion Title	Skills shortages
Motion Wording	That LGNSW: 1. Call on the NSW and Federal Governments to provide incentives to address critical sector skills shortages effecting private and public investment, primarily in the fields of planning, engineering and building certification with these incentives to be in the form of scholarships, co-funding cadetships and reduced university course costs. 2. Encourage all NSW to provide cadetship programs to build sector capacity in areas of critical sector skill shortages
Background note:	NSW is currently facing a housing affordability and availability crisis with a number of factors contributing to the situation. There is also an enormous pipeline of public investment that has been targeted at unlocking future economic growth. It is becoming more apparent that there is an imbalance between demand for a number of skilled professions and supply of practitioners in those fields that is creating a real barrier to housing and enabling infrastructure development. Key shortage areas in both the private and public sector are most acute in the engineering (including development engineering), planning (including development assessment) and building certification areas. Competition for the relatively limited supply of these professions compared to demand means that everyone is competing for the same number of limited people, rather than addressing the underlying issue of supply in the fields. Through targeted incentives there is the opportunity to address the issue albeit it recognising the investment is for the longer term benefit.

Indicative category of the motion:	Infrastructure policy
Motion Title	Power provision to government owned infrastructure
Motion Wording	That LGNSW: 1. Advocate to the NSW Government to develop appropriate planning controls and aligned funding mechanisms to ensure that new local, state, and federal government buildings and infrastructure that consume electricity include provision of solar power or an alternative renewable source in their design and construction where feasible. 2. Utilise the Renewable Energy Infrastructure mapping portal to drive investment in renewable energy for government assets
Background note:	Councils are driving local solutions to energy consumption and climate change and are seeking to ensure that local infrastructure provided by all levels of government seek to source their power from renewable sources. The NSW Government has analysed 165,000 government land assets for renewable energy opportunities using the Renewable Energy Infrastructure mapping portal to identify land assets for renewable energy opportunities including, wind, solar and pumped hydro. Councils would like to see that mapping work materialize into investment in renewable energy facilities on government assets.

Indicative category of the motion:	Social and community policy
Motion Title	Skills shortages - Childcare
Motion Wording	That LGNSW: Call on the NSW and Federal Governments to provide incentives to address critical skills shortages in childcare
Background note:	The early education sector is experiencing critical shortages of suitably qualified staff, particularly in regional areas. Whilst there have been recent government efforts to make training more affordable, it is important there is a long term commitment to funding early childhood educators and early childhood teachers, and to supporting career pathways for people with an interest in the sector. A long-term multi-pronged approach needs to be applied to this industry-wide problem. The approach should aim to attract young people into the sector and also offer incentives for those returning to the workforce, or looking for a career change. Increasing the Award (Children’s Services Award 2010), along the lines of the recent increases in the aged care sector, would also assist in lifting the profile of the early childhood sector as a career, and assist providers to attract and retain employees. However, any increase in wages would need to be matched by appropriate subsidies to ensure services remain financially viable. Increases to funded traineeships would also assist in attracting employees to childcare services and these could be linked to school-based training programs if funded appropriately.

Indicative category of the motion:	Social and community policy
Motion Title	Affordable Housing
Motion Wording	That LGNSW: 1. Call on the State Government to urgently complete the review of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021 to define 'portable device for human habitation’ and the standards required to approve such devices that don’t meet the definition of ‘manufactured housing’ or ‘caravan’ 2. Advocate for new regulations/guidance regarding acceptable standards for crisis housing
Background note:	The Bega Valley, like much of NSW, is in the midst of a housing crisis. Manufacturers are capitalising on the lack of affordable housing, producing and marketing new products as ‘caravans’ or ‘moveable dwellings’, however they do not meet the definitions nor intent of ‘caravan’, ‘moveable dwelling’ or ‘manufactured house’. These products are typically delivered on a trailer but expand to twice or triple the size, are placed on foundations, have a roof fitted, a deck built at the entrance and are connected to water and sewer. Additionally, there is case law that demonstrates that not all products sold as ‘moveable dwellings’ actually meet the definition. Councils need clear guidance from the State Government on whether these products are intended to be excluded or whether the legislation needs to be updated to expressly allow them and provide guidance on the certification requirements. This is particularly important as the units are being purchased to provide cheaper living options or to be used as crisis housing, and installed without any council approval. As well the current review into the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021, it is essential that the government considers whether a lower standard is acceptable for temporary, crisis accommodation to help address the housing crisis and increasing homelessness.

Options

Council may resolve to either support the motions recommended in this report or variations of the motions or not to support the proposed motions.

Community and Stakeholder Engagement

Engagement undertaken

Internal engagement has been undertaken in development of the motions recommended by Council officers. Council continues to advocate on various matters impacting our community and contributions to advocacy forums like the Local Government NSW Annual Conference provide an opportunity to ensure our voice is heard at a state level.

Engagement planned

Council will continue to engage with the community to develop our advocacy priorities. The community can contribute to and support our advocacy efforts with more information available on our website https://begavalley.nsw.gov.au/council/advocacy.Financial and Resource Considerations

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

There are no legal or policy implications associated with this report. Should the motions Council has proposed be supported by LGNSW and changes made by the State Government there could be future legal and policy implications.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

It is appropriate that Bega Valley Shire Council is represented at the LGNSW Annual Conference and that a variety of motions be put forward for consideration. Council has developed an advocacy approach that calls for representation at important local government sector events. Councils’ participation ensures that legislative, policy and funding matters that impact our community and Council service delivery are raised with LGNSW and the NSW Government.

Environment and Climate Change

There are no environment and climate change implications associated with this report other than those outlined in respective motions.

Economic

There are no economic implications associated with this report other than those 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 ⇩. Local Government NSW Policy Platform May 2024

Council 24 July 2024

Item 10.2

10.2. Adoption of Events Strategy 2024-2028

Councils draft Events Strategy 2024-2028 has concluded public exhibition and this report is recommending it be adopted.

Director Business & Governance

Officer’s Recommendation

That Council resolve to adopt the amended Events Strategy 2024-2028 following public exhibition and submissions (Attachment 1).

Executive Summary

The Events Strategy 2024-2028 (the strategy) provides a framework for Council’s efforts, in collaboration with the events industry and key stakeholders, to support a diverse calendar of sustainable events that showcase what makes our region a great place to live, visit and invest.

The strategy was developed by consultants Silver Lining Strategy, in consultation with the community, event organisers, industry stakeholders and Council staff. The development of the Strategy was funded by the NSW Government’s Business Case and Strategy Development Fund.

The draft Strategy was publicly exhibited with 12 online survey results and one email submission received. Various minor changes to the strategy are recommended by Council officers in response to issues raised in submissions and further internal review.

Background

In early 2023 Bega Valley Shire Council, in partnership with the Snowy Monaro Regional Council, secured NSW Government funding to conduct a review of our region’s events sector. Funded by the NSW Business Case and Strategy Development Fund, this review culminated in the development of the Strategy and an accompanying prospectus that will be used to showcase the Bega Valley Shire as an events destination.

Delivered in partnership with events strategists, Silver Lining Strategy, the project involved an extensive review of existing major events, Council event-related processes, preparation of development applications for event pre-approval at two key Council operated venues, an independent review of the Shire’s existing major event hosting infrastructure, and identification of opportunities to better support events in the future.

The review highlighted that it is a particularly challenging time to produce and deliver public events. Threats include rapidly rising costs, event compliance requirements alongside a decrease in volunteer numbers, and tightening government and corporate sponsorship and funding budgets.

This review and accompanying strategy come at an important time given current challenges and opportunities event organisers have in front of them.

The strategy identifies four strategic priorities:

1. Improve process to better support event organisers.

2. Grow the profile and attendance of existing and new events.

3. Build capacity and collaborative relationships.

4. Optimise venue use and funding to support events.

These priorities are underpinned by 30 actions. The majority of these actions will require additional funding or resources to deliver and have been included to assist Council to secure external grant funding.

Options

1. Adopt the Events Strategy 2024-2028 as amended following public exhibition (Attachment 1). Recommended.

2. Adopt the Events Strategy 2024-2028 without the suggested amendments following public exhibition. This option is not recommended as the proposed changes represent feedback from the community and clarify information and recommendations in the strategy.

3. Resolve not to adopt the events Strategy 2024-2028. This option is not recommended. Public submissions were strongly supportive of the strategy. The strategy will guide Council’s interactions with and support for events in the shire and assist with advocacy for funding and resources to deliver on its objectives.

Community and Stakeholder Engagement

Engagement undertaken

Community and event sector consultation was undertaken to ensure the strategy reflects community attitudes and is informed by current challenges and opportunities. Conducted between June and November 2023, consultation included quantitative research with the community through an online survey (final sample size 199), and one-on-one and group consultation with key stakeholders, including event organisers, Council staff, community and industry organisations, and businesses.

The draft strategy was placed on public exhibition from 27 May 2024 to 24 June 2024. Feedback was sought through a short survey on Council’s website, shared through Council’s newsletters, social media and a media release. Event industry organisations, businesses, and event organisers were directly encouraged to provide feedback.

Summary of feedback

Council received one email submission and 12 responses to the online survey. These responses are detailed in Attachments 2 and 3.

Feedback was broadly positive and constructive. Only one survey respondent was not supportive of the strategy. Two respondents were partly supportive. The remainder were fully supportive.

Feedback included suggestions for amendments or additions to the strategy. Several of these have been included in the amended strategy as detailed below. Other more detailed suggestions will be considered in the implementation of the strategy.

The feedback highlighted a desire to streamline event approval processes and for Council to advocate for increased funding and support for events.

Summary of the changes made to the draft Events Strategy following public exhibition

The following amendments have been made to the strategy:

· Three events added to the calendar on page 9:

o Far South Film Festival

o Tathra Pig Day Out

o Four Winds Spring Youth Music Festival

· Two additional actions:

o 2.4 Encourage event organisers to list events on the Australian Tourism Data Warehouse

o 3.9 Collaborate with events industry to encourage data-sharing between key stakeholders

· Several minor corrections

Engagement planned

If adopted and resourced, implementation of several actions will require ongoing engagement with event organisers and other key stakeholders. These include:

2.1 Collaborate with industry to publish and distribute an annual event calendar

2.2 Partner with select events to extend their marketing reach using Council’s various communication channels

3.1 Deliver an annual launch event to publicise the annual events calendar; bringing together event organisers and sector stakeholders to network and share resources

3.4 Work with industry partners to deliver a series of training and networking sessions for event organisers across the Bega Valley Shire

3.8 Undertake annual survey of event organisers to review progress in implementing of the Events Strategy

4.4 Partner with industry to attract sporting and leisure events, particularly in shoulder and low seasons

Financial and Resource Considerations

In identifying actions in the strategy, consideration has been made of Council’s capacity and limited financial resources. Over the life of the strategy, several identified actions will be considered as part of Council’s annual budget process and are likely to be achieved within existing resource commitments (outlined as ‘Resourced’ in the action tables). The strategy also identifies actions which will require additional funding or resourcing to implement (outlined as ‘New’ in the action table). It is intended that their inclusion in this strategy will assist Council to secure external grant funding.

The development of the strategy was funded by the NSW Government’s Business Case and Strategy Development Fund.

Legal /Policy

Actions in the strategy include a review the shire’s Local Environmental Plan and Use of Public Land Policy to enable multi-year approvals.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The strategy closely aligns with key elements of the following Council plans and strategies:

· Community Strategic Plan 2042 (strategies A.1, B.2, D.4)

· Bega Valley Shire Local Strategic Planning Statement 2040 (actions 9.2, 13.1, 13.5, 13.8, 13.12)

· Disability Inclusion Action Plan 2021-2025 (action 4d)

· Economic Development Roadmap 2023-2025

· Sapphire Coast Vision and Platform for Growth

· Draft Arts and Culture Plan

There is strong strategic alignment with the following non-Council Strategies and plans:

· Destination Southern NSW – Destination Management Plan 2022-2030

· Far South Coast Regional Economic Development Strategy

· Draft South East and Tablelands Regional Plan 2041

· NSW Arts Culture and Creative Industries Policy 2024-2033

Environment and Climate Change

Environmental impacts of events are regulated through planning and approval processes. A strategic priority for the strategy is to make these processes smoother and clearer for event organisers and Council staff. While environment objectives are not a primary consideration of the strategy, these process improvements have the potential to improve compliance and environmental outcomes.

Council provides annual Waste Wise Events grants to support event organisers to minimise and manage event-generated waste. Ongoing support for this program is included as an action in the strategy.

Economic

The shire’s 40 major annual events attract an estimated 90,000 attendees, including 20,000 visitors to the region, generating approximately $15m in visitor spend each year.

Events provide an opportunity for capacity building, developing skills of volunteers and employees are widely transferrable in other sectors of the economy.

The strategy aims to support the sustainability of existing events and facilitate growth of new and emerging events to further these economic benefits into the future.

Risk

The strategy development process highlighted the risk of losing local events due to the following threats:

· Declining volunteer numbers

· Rising costs

· Compliance requirements

· Tightening corporate and government funding.

While many of these challenges are outside Council’s area of influence, the strategy includes actions to address several of these threats.

Social / Cultural

In developing the strategy, community consultation demonstrated that Bega Valley residents see events as an integral part of living where they do. 92% of respondents to the community survey indicated that it was very important or important for the shire to have major sporting, artistic, cultural, lifestyle and/or community events in any given year. 87% of respondents stated that having major events throughout the year helps to make the area a more enjoyable place to live.

Events provide platforms for our community to come together, connect and collaborate throughout the year. They bring us together and build on our community’s sense of place, culture and shared experience.

The strategy aims to support the sustainability of existing events and facilitate growth of new and emerging events to further these social and cultural benefits into the future.

Attachments

1 ⇩. Attachment 1 - Amended Events Strategy 2024-2028 post exhibition

2 ⇩. Attachment 2 - Summary of Online Survey Draft Events Strategy 2024-2028

3 ⇩. Attachment 3 - Summary of written submissions to Draft Events Strategy 2024-2028

Council 24 July 2024

Item 10.5

10.5. Extension of tenure to Playability, Eden

Council approval is being sought to enter into a new licence agreement with Playability Incorporated for their continued occupation of Council Managed Crown Reserve R180019 at Eden.

Director Business & Governance

Officer’s Recommendation

1. That Council, as Crown Land Manager of R180019 at Eden approve a further ten-year licence agreement to Playability Incorporated for their continued occupation of Lot 702 DP 1020046 for an annual rental of $654.50 adjusted annually in accordance with Crown Lands minimum annual rental and Consumer Price Index value.

2. That all costs associated with the establishment of the licence agreement be the responsibility of Playability Incorporated.

3. That the Chief Executive Officer and Mayor be authorised to execute the necessary documentation to formalise the above course of action.

Executive Summary

Playability Incorporated currently occupies Council Managed Crown Reserve R180019 at Eden for a permitted use of early intervention services for children with a disability and children from vulnerable families. The occupation of the Reserve was formalised by a ten-year licence. This report seeks Council approval to enter a further ten-year licence with Playability Incorporated for their continued occupation of the Reserve.

The licence agreement for Playability Incorporated’s occupation of Council Managed Crown Reserve R180019 at Eden expired on 30 June 2024 and requires renewal.

Background

Council resolved at its Ordinary Meeting of 25 June 2014, when considering the occupation of Council Managed Crown Reserves at Eden by Playability, Eden Childcare and Eden Pre School, as follows:

1. That Council, on behalf of the Eden (R180019) Reserve Trust, approve a 10-year licence to Playability Incorporated at statutory minimum annual rental.

2. That Council, on behalf of the Eden Nursery (R180000) Reserve Trust, approve a 10-year licence to Eden Childcare Centre at statutory minimum annual rental.

3. That Council, on behalf of the Eden Kindergarten (R89653) Reserve Trust, approve a 10-year licence to Eden Preschool at statutory minimum annual rental

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

5. Those in accordance with the Crown Lands Act 1989, Council obtain Minister’s consent to the licence agreements.

Following the resolution, Council entered into a ten-year licence agreement with Playability Incorporated which expired on 30 June 2024. Ten-year licence agreements were also entered into with Eden Childcare Centre and Eden Preschool.

Under the Crown Land Management Act 2016 (CLM Act), Council Crown Land Managers (CLMs) can generally administer Crown land under the public land provisions of the Local Government Act 1993 (LG Act) and this includes issuing licences.

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, licences 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 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 licence, Minister’s consent is not required.

As a result of the CLM Act, Council is no longer required to have Crown licence agreements in place for the sites we manage directly. Therefore, tenure arrangements for the Eden Preschool and Eden Early Learning Centre sites are not required. Council must continue to manage these reserves in line with the gazetted reserve purpose outlined in the below table.

Reserve Number and Name	Reserve Purpose	Gazetted Date
Playability Reserve (R180019)	Community Purposes	14-08-1987
Eden Nursery Reserve (180000)	Day Nursery	27-06-1986
Eden Kindergarten Reserve (89653)	Kindergarten	14-11-1975

Playability Incorporated is operated by an external service provider, therefore requires Council approval to proceed with a further tenure arrangement. As outlined in the attached report dated 25 June 2014 they have occupied the building since 1987.

Options

The options available to Council are:

1. Approve a further ten-year licence to Playability Incorporated for their continued occupation of the building at Lot 702 DP 1020046 for an annual rental of $654.50 adjusted annually in accordance with the Crown Lands minimum annual rent and Consumer Price Index value. Recommended.

2. Approve a further ten-year licence to Playability Incorporated for their continued occupation of the building at Lot 702 DP 1020046 in Eden for the annual rental of $5,605 (plus GST) adjusted annually by CPI. Pursuing this option is not recommended as it will adversely impact the organisations financial sustainability and ability to continue operating.

3. Approve a further ten-year licence to Playability Incorporated for their continued occupation of the building at Lot 702 DP 1020046 in Eden for an annual rental as determined by Councillors.

4. Council officers could initiate a public expression of interest (EOI) process for the building’s use, however it’s important to note that Playability Incorporated has effectively occupied and managed the space for many years and they provide essential services to vulnerable and disadvantaged families in the local community. As such, pursuing this option is not recommended.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have discussed the proposed extension of tenure with representatives from Playability Incorporated. The representatives expressed their desire for a ten-year extension of the current tenure arrangement. However, they cautioned that if the annual rental exceeds the Crown Lands minimum, they may need to close the centre and return it to the Council. This situation would impact families in Eden, who would then need to travel to Merimbula and Bega for early intervention services.

Engagement planned

In accordance with the provisions of section 47 of the LG Act, if Council proposes to grant tenure, in respect of community land, 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 last market rental assessment was commissioned by Council in December 2010 which indicated a starting rental of $15,000 plus GST per annum. As a category 1 (community volunteer service group) Playability Incorporated are entitled to a rebate to statutory minimum rent under the Crown land financial concessions policy. The annual licence fee payable by Playability Incorporated over the past five-years has increased each year by CPI, with a current licence fee of $631.40 including GST now payable.

In accordance with Council’s Management of Leases and Licences Procedure, an updated market rental assessment was commissioned by Council in June 2024. The rental assessment indicates a starting rental figure in the order of $29,500 plus GST per annum and Playability Incorporated 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 81%, therefore the total commencing rent payable by Playability Incorporated has been calculated at $5,605 plus GST per annum indexed annually by CPI.

As Playability Incorporated are classified as a category 1 (community volunteer service group) under the Crown land financial concessions policy they continue to be entitle to a rebate to the statutory minimum rent which is currently set at $595 per annum plus GST. It is a decision for Council as to whether they continue to apply the Crown land financial concession policy or Council rental rebate procedure for this occupation arrangement.

Council officer time will be required to renew the existing licence agreement and ongoing management of the licence agreement will also require Council officer resources as required.

Legal /Policy

To ensure the continued use and occupation of the reserve is appropriate for the proposed licence agreement, the following has been considered:

· Compliance with the legislation, related policies and guidelines

· Compatibility with the reserve purpose of 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 have considered whether direct negotiation with the current occupant is appropriate in this instance. It is recommended that an EOI process is not conducted for the following reasons:

1. Playability Incorporated is a local, community based not-for-profit organisation supported by a volunteer management committee.

2. To comply with the reserve purpose, any occupation needs to be for community purposes only. Playability Incorporated complies with the reserve purpose.

3. Playability Incorporated is focused on early childhood development and the wellbeing of families. Through the delivery of individual and group programs they provide an important service to the local community. They are a registered NDIS provider.

4. The costs involved in carry out a market testing and public competition process would be greater than the rental achievable once a community not-for-profit rebate is applied.

5. Council Property officers are required to complete Pecuniary Interest returns annually and no conflict of interest has been disclosed.

6. The reserve is under a Native Title and Aboriginal Land Claim and only existing, low impact uses will receive authorisation until the claims have been assessed.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Extending the tenure for Playability Incorporated aligns with Council’s Community Strategic Plan objective:

Council has strong organisational practices to ensure a viable organisation that delivers services and facilities to meet community needs

E.6 Council decision making seeks to optimise environmental, social and economic outcomes for our community, while mitigating financial, legal, environmental, reputational and safety risk

Delivery Program 2022 - 2025:

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

Environment and Climate Change

There are no environmental and climate change matters associated with this report.

Economic

The economic impacts associated with this report have been addressed under the finance section of this report.

Risk

Regulatory and statutory compliance is defined as a strategic risk for Council. The issue of rising administrative complexity and cost of continuous change with increasing and competing statutory and regulatory compliance regimes remains an ongoing challenge for Council.

Ensuring continued occupation of Council Managed Crown Reserve R180019 at Eden is authorised by way of a formal tenure arrangement that contains the appropriate indemnity and insurance clauses necessary to reduce risks associated with regulatory and statutory compliance with the CLM Act and Regulation.

The proposed issue of a licence agreement to the Playability Incorporated will affect Native Title, however, the act impacting R180019 will comply with the applicable provisions of the Native Title Act 1993 (Cth) being a valid future act under section 24JA.

The issue of a licence is not a public work and there is no requirement to notify. Should Native Title not prove to be extinguished by a prior act, any Native Title holders may be entitled to compensation for the act, in the event of a determination that Native Title exists in the land, and Council may be liable to indemnify the State in the payment of any compensation.

Social / Cultural

Playability Incorporated is a community based not-for-profit organisation and registered NDIS provider delivering critical early intervention services for children with a disability or developmental delay, as well as children from vulnerable and disadvantaged families and communities.

They offer individual and group programs in the Bega Valley to promote child development through positive relationships and connections to community and culture and have been supporting children and families in the Bega Valley for over 35 years, having occupied the building since 1987. Their work is acknowledged and appreciated not only by Council, but the local community.

Attachments

1 ⇩. Council report dated 25 June 2014 Occupation Reserves at Eden by Playability, Eden Childcare Centre and Eden Preschool

2. Walsh and Monaghan valuation report for Playability, Eden (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 24 July 2024

Item 10.6

10.6. Eden Gateway building tenure arrangements

Council approval is sought to renew the current licence agreement with Eden Community Access Centre Incorporated for office space within the Eden Gateway building and establish a new occupation agreement with Imlay Crafts Incorporated, who currently occupy the pottery building at the Eden Gateway site.

Director Business & Governance

Officer’s Recommendation

1. That Council approves a further 5-year licence to Eden Community Access Centre Incorporated for their continued occupation of office space within the Eden Gateway building for a commencing annual rental of $6,415.20 plus GST per annum increased annually by CPI.

2. That Council approves a new licence agreement to Imlay Crafts Incorporated for their occupation of the Pottery building located on the Eden Gateway site for a period of 5-years at a commencing rental of $1,190.40 plus GST per annum increased annually by CPI.

3. That authority be delegated to the Chief Executive Officer and Mayor to execute the necessary documentation to formalise the above course of action.

Executive Summary

The licence agreement for Eden Community Access Centre Incorporated (ECAC) to occupy office space within the Eden Gateway building expires on 14 November 2024 and requires renewal.

Additionally, Imlay Crafts Incorporated currently occupies the Pottery building located on the Eden Gateway site without a formal occupation agreement in place and a licence is required to formalise their use of the building.

Background

Council resolved at its Ordinary Meeting of 6 November 2021, when considering the renewal of the licence agreement for ECAC to occupy office space within the Eden Gateway building as follows:

1. That Council approve a further three-year licence to Eden Community Access Centre Incorporated for their continued occupation of office space within the Eden Gateway Centre for the commencing annual rental fee of $125 per square metre plus GST per annum increased annually by CPI.

2. That authority be given for the Mayor and Chief Executive Officer to execute the above licence agreement.

Following the resolution, Council entered into a three-year licence agreement with ECAC which is due to expire on 14 November 2024.

As outlined in attached Council reports dated 10 June 2020 and 6 October 2021 the building is ageing and needs future renewal and upgrade works. Council officers are currently reviewing a project to redevelop the building, including potential expansion of the building to a community hub, however there are no immediate plans for building renewal. Considering Council’s commitment to engage with ECAC, it is recommended that ECAC be offered extended tenure in the building. This approach avoids the need for a public expression of interest (EOI) process for use of the space. It is also worth noting that ECAC would like to expand its physical presence in the building as part of future upgrades to support library operations and provide an expanded range of services to the Eden community. The proposed licence extension will address the need for vacant possession should Council decide to undertake major building works/renovations within the proposed 5 year licence period that require ECAC to relocate for a period of time.

Recent investigations have revealed no formal tenure arrangement exists for Imlay Crafts Incorporated’s occupation of the Pottery building located on the Eden Gateway site. As such Council approval is being sought to offer Imlay Crafts Incorporated a formal tenure arrangement for their occupation of the Pottery building located on the site.

Options

The options available to Council are:

1. Approve further five-year licence agreements to ECAC and Imlay Crafts Incorporated for their respective occupations at the Eden Gateway site as outlined in the officer’s recommendation. Recommended.

2. Approve further five-year licence agreements to ECAC and Imlay Crafts Incorporated for their respective occupations at the Eden Gateway site for a further reduced annual rental.

3. Council officers could carry out an EOI process for the building, however the building has for many years been occupied and managed effectively by both users who provide essential and well utilised services within the local community.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have discussed the proposed extension with representatives from the ECAC and they have indicated they would like an extension of the current tenure for a further five-years.

Council officers have discussed formalising Imlay Crafts Incorporated’s tenure of the Council building. The representatives from Imlay Crafts Incorporated have confirmed they wish to pursue a five-year tenure arrangement.

Engagement planned

Council officers will continue to liaise with ECAC and Imlay Crafts Incorporated to action any resolution of Council. As the Eden Gateway building is located on Council owned operational land being Lot 1 DP 1037443, there is no legislative requirement under Local Government Act 1993 (NSW) (LG Act) to carry out further consultation.

Financial and Resource Considerations

· ECAC: $19,440 plus GST per annum (144m² @ $135/m²)

· Imlay Crafts Incorporated: $3,840.00 plus GST per annum (64m² @ $60/m²).

ECAC and Imlay Crafts Incorporated submitted rental rebate applications. The applications were 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 rebates were assessed as 67% for ECAC and 69% for Imlay Crafts Incorporated, therefore the total commencing rent payable will be as follows:

· ECAC: $6,415.20 plus GST

· Imlay Crafts Incorporated: $1,190.40 plus GST

Council currently covers all operating costs associated with the building as to our knowledge, it is not separately metered, preventing Council from passing electricity and water usage costs onto tenants. Council officers have noted that Imlay Crafts Incorporated indicated in their financial statement, submitted as part of their rental rebate application, that they incur annual electricity expenses. Further investigation is necessary, and if separate metering is not currently available, the status quo should be maintained. Council will continue to take responsibility for utility bills pending future decisions on the redevelopment and use of the site or until building upgrades occur and separate metering can be installed.

Council officer time will be required to prepare the licence agreements as well as the ongoing management of licence agreements during their term.

Legal /Policy

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

1. ECAC is a local, community based not-for-profit organisation operating with part-time staff and a volunteer workforce

2. ECAC provides a range of social services to disadvantaged community members as tenants of the Eden Gateway building, including a Centrelink portal, tax support, access to computers and printers, technology training, business support, and social programs for seniors and young people

3. ECAC provides a base for outreach services that need a location in Eden to meet with clients and to hold meetings. These services provide family support, legal advice, financial advice and Aboriginal health programs to some of Eden’s most socially disadvantaged residents

4. ECAC has approached Council to partner in the redesign of the Eden Gateway building and aspires to support the long term needs of the Eden community

5. Imlay Crafts Incorporated has been operating locally since 1974 to promote crafts throughout the local community

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

7. Imlay Crafts Incorporated have occupied the site for many years and have invested significantly in equipment which is stored in the building with no direct involvement from Council

8. Imlay Crafts Incorporated provides an important social activity for members of the local community by providing a space for people to come together and build community connectedness, resilience, and well-being through the creation of pottery

9. The costs involved in carry out a market testing and public competition process would be greater than the rental achievable once a community not-for-profit rebate is applied

10. Council 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 2022 - 2025: E5.5 - Develop and manage Council’s owned and managed land portfolio.

Operational Plan 2024 -2025: A5.3.5 Review the Eden Gateway redevelopment.

Environment and Climate Change

There are no environmental and climate change matters associated with this report.

Economic

The economic impacts associated with this report have been addressed under the finance section of this report.

Risk

Regulatory and statutory compliance and workforce and public safety are defined as strategic risks for Council. The issue of rising administrative complexity and cost of continuous change with increasing and competing statutory and regulatory compliance regimes remains an ongoing challenge for Council. This risk is mitigated by ensuring the continued occupation of the building is authorised by way of a formal tenure arrangement that contains the appropriate indemnity and insurance clauses necessary to reduce risks associated with the occupation of Council buildings by third party operators.

Social / Cultural

Eden Community Access Centre is a community owned not-for-profit organisation operating under a local management committee. The organisation provides a range of services to the local community, individuals, businesses, and community service providers through offering a well-resourced community hub. Their efforts in building a strong foundation for the building of social and economic capacity and resilience in Eden is recognised by Council and the local community alike.

Imlay Crafts has been operating locally since 1974 to promote crafts (primarily pottery) throughout the local community and to its members. The group holds weekly workshops, monthly meetings, and from time-to-time short courses which are conducted with the aim of maintaining an interest in pottery.

Attachments

1 ⇩. Council report dated 10 June 2020 - Engagement with Eden Community Access Centre on the Upgrade of the Eden Library

2 ⇩. Council report dated 6 October 2021 - Eden Community Access Centre licence renewal

3. Opteon market rental valuation report - Eden Gateway Building (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 24 July 2024

Item 10.7

10.7. Road transfer - Maling Street, Eden

This report seeks a resolution from Council to progress public advertisement for a Voluntary Planning Agreement (VPA) with landowners for Development Application 2023.61 for transfer of a Crown road in Eden.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the report.

2. That Council formally writes to the Minister responsible for NSW Department of Planning, Housing and Infrastructure seeking landowner’s consent for issue of the construction certificate for Development Application 2023.61.

3. That if the landowner cannot get approval for road construction works from the Minister responsible for NSW Department of Planning, Housing and Infrastructure, Council will progress the public advertisement for a Voluntary Planning Agreement between Bega Valley Shire Council and the developers/landowners for Development Application 2023.61 for a period of 28 days in accordance with the Environmental Planning & Assessment Act 1979 (NSW).

Executive Summary

A development consent for a staged multi dwelling housing development has been granted by Council for Eden Local Aboriginal Land Council (LALC) that includes the construction of a cul-de-sac bulb within a Crown road reserve. As Council is the consent authority responsible for managing the road in accordance with the requirements of the development consent, under the Crown Lands Road Policy and Guidelines, the road is required to be transferred to Council prior to Council issuing a construction certificate and section 138 approval for works within the Crown Road Reserve.

The Chief Executive Officer is delegated authority to progress the public advertisement for Voluntary Planning Agreements (VPA) between Council and developers/landowners prior to progressing road transfer requests to mitigate risks associated with Council unnecessarily taking control of Crown Road reserves in the event the development does not proceed and the road is not constructed to the standard determined in the development consent.

Given the outcomes associated with Development Application 2023.61 (DA 2023.61) a resolution of Council is being sought to advocate for NSW State support in the form of landowner’s consent for issue of the construction certificate to enable the development to proceed without transfer of the road from Crown to Council prior to road construction works being complete.

Background

Council received DA 2023.61 for a staged multi dwelling housing development and strata subdivision from the LALC on Lot 22 DP 1256866 and Lot 1 DP 1282633 in Maling Street, Eden on 19 April 2023. Council issued development consent on 16 January 2024 and has provided general support for the project, in terms of advocacy and fee waivers.

A condition of development consent (Condition 17) requires the applicant to obtain section 138 approval for works within Maling Street, prior to the issue of a construction certificate for the development. As the end this section of road is Crown road (where the cul-de-sac head will be located), this needs to be transferred into Council ownership whereby Council will then become the roads authority.

The applicant is preparing construction certificate documentation in readiness to commence construction of the project. The transfer of the small section of Crown road to Council will then enable the issue of a Section 138 approval, therefore satisfying the relevant condition of consent.

Options

The options available to Council are dependent on the ability to obtain landowner’s consent for issue of the construction certificate for DA 2023.61 from Crown Lands.

1. Progress the public advertisement for a Voluntary Planning Agreement (VPA) for DA 2023.61 for a period of 28 days in accordance with the Environmental Planning & Assessment Act 1979 (NSW) prior to progresses the road transfer application with he application required to cover the relevant costs.

2. As above, with Council covering the cost associated with the VPA

3. Progress the road transfer application for the section of Crown road described in DA 2023.61 with Council being exposed to much higher risk for the crown road reserve should the development not proceed.

Community and Stakeholder Engagement

Engagement undertaken

Crown Lands conducted a review of DA 2023.61 and made the following observations:

· Clause 21 - Compliance from Crown Lands stipulates that the developer must obtain and submit the written concurrence of NSW DPI (Crown Lands) for any works within the Crown Road reserve

· Council approved DA 2023.61, which included amendments such as the addition of a cul-de-sac bulb within the Crown road

· The revised plans were not formally referred to Crown Lands for review or consent

· As development consent has been granted by Council, the road will need to transfer to Council before issuing any construction certificate or section 138 approval for works within the Crown Road Reserve.

Council officers (including the CEO) have met with representatives from the LALC and Government agencies to explain the purpose of the report and proposed advocacy to the State in support of DA 2023.61 as well as the road transfer and VPA processes. Options associated with the report were also discussed and as a result it was agreed that the lowest risk way to move forward was to commence the VPA process (which has consequences) and concurrently/retrospectively consider other options as outlined in this report.

Engagement planned

Council officers will continue to consult with the developers/landowners and NSW Department of Planning, Housing and Infrastructure to action any Resolution of Council.

Financial and Resource Considerations

There are no fees payable by Council to lodge a road transfer application to NSW Department of Industry. Once Ministerial consent is given to transfer the road, the NSW Department of Industry at its own cost administer the transfer and publish a notice of the parts transferred in the NSW Government Gazette. Once the parts of the road transfer have been gazetted, those parts will become a Council road/asset.

Although the project is funded by the Aboriginal Housing Office (AHO) there is a risk that the proposed development and road construction will not proceed and Council will be burdened with the ownership of the unformed road reserve, with a false expectation that Council will maintain the existing poorly constructed access track.

Council staff including the CEO recently met with representatives from the Eden LALC, AHO and other NSW agency representatives to discuss options moving forward. AHO clarified that there may be an avenue to again further funding to finalise the project, however there were certain criteria to be met to render the LALC eligible for funding relating to issue of a construction certificate. At the meeting it was agreed the best way to fast track the assessment was to move forwards with the VPA process and consider other parallel and retrospective options in the meantime.

Either way, there is risk to the LALC that the funding will be withdrawn which will have a flow on reputational risk to Council, as well as, and more concerningly, potentially meaning DA 2023.61 will not go ahead which would be very disappointing as the development will create multiple new dwellings for the Aboriginal community. However, if we proceed without a VPA and the LALC does not construct the road to the required standard (especially if the funding runs out), then Council will be required to construct/complete the road at Council’s cost.

It is estimated that the minimum cost the VPA process could be undertaken for in this instance is $1500 noting that councils currently adopted fees and charges specify that a VPA of this type requires a fee to be paid which is determined on application (in other words it is dependent on the complexity of the work required to develop the VPA).

Legal /Policy

A crown road transfer to Council takes place under section 152I of the Roads Act 1993 (NSW).

Crown Lands have advised they do not issue landowner’s consent for construction certificates. They do not provide the landholder with written authorisation for the lodgement of applications to other authorities in respect of development and other statutory approvals, for proposals effecting Crown lands, including roads.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Bega Valley Development Control Plan (DCP) 2013 states: Council will not accept the transfer of existing Crown Public Roads from the state unless the road is constructed to Council’s current standards.

A VPA is consistent with the following guiding principles for councils in section 8A of the Local Government Act 1993 (which have replaced the Council Charter):

· In exercising functions generally:

o Councils should carry out functions in a way that provides the best possible value for residents and ratepayers

o Councils should plan strategically, using the integrated planning and reporting framework, for the provision of effective and efficient services and regulation to meet the diverse needs of the local community

o Councils should manage lands and other assets so that current and future local community needs can be met in an affordable way.

· In decision making:

o Councils should recognise diverse local community needs and interests

o Councils should consider the long term and cumulative effects of actions on future generations

o Councils should consider the principles of ecologically sustainable development.

A VPA is consistent with these principles in that it requires a monetary contribution by the developer/landowner to mitigate the impacts of private development on the broader community.

Bega Valley Community Strategic Plan 2040:

C.2. Ensure land use planning and resource use supports sustainable growth whilst protecting the quality of the natural environment and our rural landscapes.

D.1 Plan for community infrastructure and services that will meet current and future needs. Page 5

Delivery Program 2022-25 Action: D1.1 - Plan for asset capital works.

Environment and Climate Change

Should the road be constructed there will be some environmental impacts typical of any road construction.

Economic

There are no additional economic matters associated with this report that are not already addressed in this report.

Risk

A VPA will add extra time and cost to this project which is funded by the Aboriginal Housing Office. However, there is a risk that if the road transfer takes place and the development does not go-ahead Council will be burdened with the ownership of the unformed road reserve, with a false expectation that Council will maintain the existing poorly constructed access track.

If Council enforces the need for a VPA, there will be risk to the LALC that the funding will be withdrawn which will have a flow on reputational risk to Council, as well as, potentially meaning DA 2023.61 will not go ahead which would be very disappointing as it is expected to create multiple new dwellings for the Aboriginal community. If we proceed without a VPA and the LALC does not construct the road to the required standard (especially if the funding runs out), then there is a financial risk to Council if placed in a comprising position regarding construction of the road.

Social / Cultural

DA 2023.61 will create multiple new dwellings for the Aboriginal community in Eden.

Attachments

1 ⇩. Administration of Crown roads guideline

2 ⇩. Administration of Crown roads policy

3 ⇩. Council report dated 19 April 2023 - Road Transfer Voluntary Planning Agreements

4 ⇩. Preliminary road design plans

Council 24 July 2024

Item 10.8

10.8. Preparing Australian Communities Funding Projects

In June 2022, Council entered a $2,500,000 funding agreement under the Australian Governments Preparing Australian Communities program to develop Climate Resilient Assets project plans by March 2025. To complete this project within the stipulated funding window the recommended pathway is to engage specialist external services.

Director Business & Governance

Officer’s Recommendation

1. That Council endorse the strategy for engagement of qualified commercial entities to undertake the works and services as set out in the confidential attachment.

2. That authority be delegated to the Chief Executive Officer to award and execute all future documents in relation to project services directly relating to the completion of the works set out in the confidential attachment.

Executive Summary

In June 2022, Council entered into a $2,500,000 funding agreement with Preparing Australian Communities (PAC) to develop several Climate Resilient Asset funding cases that would be ‘shovel ready’ by March 31, 2025. The project aims to reduce vulnerability of certain identified critical infrastructure assets to bushfire risks and enhance community resilience in the Bega Valley LGA through infrastructure upgrades. Key initiatives that are intended to have detailed funding cases and plans developed include improvements to the Tathra-Bermagui road and Dr George Mountain road (noting similar is already underway on sections of Mount Darragh road including Six Mile Bridge). Due to a lack of availability of internal Council resources to progress this initiative, there is now an urgent need to engage a contractor to manage the tender process for investigation/design works and meet the funding agreement requirements.

It is recommended that Council accept the strategy for engaging qualified commercial entities for the works and services outlined in the confidential attachment. Additionally, it is proposed that authority be delegated to the Chief Executive Officer (CEO) to award and execute all future documents related to the project services to ensure timely completion noting that the project is fully grant funded. This approach will enable the engagement of suitable companies to manage and deliver detailed designs, cost estimates, and project plans, ensuring the delivery of shovel-ready projects within the stipulated timelines.

Background

The following are key considerations that support the recommendations of this report:

· In June 2022 Council entered into a funding agreement with Preparing Australian Communities (PAC) for $2,500,000 with activity to be completed by 31 March 2025.

· The PAC project objective is to develop Climate Resilient Assets through preparation of at least six shovel ready projects, or programs equal to this, that can increase the resilience of communities and their networks through identifying critical infrastructure to be upgraded.

· This project is anticipated to reduce the risk of bushfire impacts in the built and economic environment by undertaking community consulted climate resilient assets and infrastructure projects in the LGA Bega Valley.

· Three programs of work have been identified as critical infrastructure sites to facilitate investment in resilient infrastructure through a process of engagement and decision making developed through the Enabling Resilient Investment project in partnership with CSIRO.

· The plans will be related to upgrades that will provide significantly enhanced access, and improved usage of the Tathra-Bermagui road, and Dr George Mountain road, improving the networks for residents, tourists, freight and businesses to support economic activity across the shire whilst increasing resilience through improving and safeguarding critical infrastructure vulnerable to bushfires.

· Previously employed an internal project manager to deliver the project but no longer have this resource.

· Due to significant barriers related to change in personnel and limited internal resourcing we now need to expedite the process and have identified the need to engage a contractor to project manage the tender process to meet the requirements of the funding agreement within the agreement timelines (noting there is capacity within the budget to do this).

· Potential for extension of the funding agreement is limited as the PAC fund has ceased.

· The development of these projects supports the ‘String of Sapphires’ and the ‘Six Mile Bridge upgrades’ which have previously been identified for state and federal investment opportunities.

· Councils procurement procedures will be followed noting this report is seeking a project specific delegation to the CEO for decision on award of contracts that ordinarily may have been reported to Council for determination.

Options

1. Recommended. Council delegate authority to the Chief Executive Officer to execute any documents relating to works and services required for the completion of the deliverables under the signed PAC agreement to ensure milestones are met and the funding can be utilised for the benefit of the community rather than potentially handed back to the funding body.

2. Council rejects the recommendations noting this would likely result in the funding requirements not being met, unexpended grant funds would be returned and the deliverables would not be achieved to the detriment of the community.

Community and Stakeholder Engagement

Engagement undertaken

Engagement was undertaken relating to the relevance of the three programs identified for the funding to be utilised on, and the potential for these assets and infrastructure to reduce risk of impacts posed by bushfire in the region. This occurred as part of the Enabling Resilience Investment project in partnership with CSIRO and Value Advisory Partners through NSW Government Disaster Risk Reduction Fund funding, via the development of the Resilient Investment Case Explorer tool.

Engagement planned

As part of the funding agreement, the final milestone requires further engagement with the Canberra Region Joint Organisation (CRJO) and State and Federal government representatives. This will be undertaken through a workshop or similar that informs the stakeholders of the outcomes for both the PAC project and the ERI project in relation to the CRJO Resilience Blueprint.

Financial and Resource Considerations

Of the $2,500,000 grant approximately $350,000 has been spent or is committed with the remainder available to get the identified projects to the stage of being shovel ready or in other words ready to be constructed when a suitable capital funding source (such as the Disaster Ready Fund) becomes available. There is no direct financial cost to Council as a result of this project.

It is anticipated that once the more resilient infrastructure is eventually constructed it will reduce the whole of life costs of the assets by having more resilient assets that do not need to regularly be repaired each time there is a natural disaster.

Legal /Policy

Any Procurement process will be conducted in accordance with Councils Procurement Procedures and the Local Government Act and associated Regulation.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community Strategic Plan

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

D.7 Advocate for better public transport options and improved highway connectivity

Delivery Program 2022-25

D1.1 Plan for asset capital works

D2.3 Manage the delivery of major capital infrastructure projects across Council

D7.1 Continue advocacy in regional forums and collaboration with key stakeholders to improve public transport and highway connectivity

Environment and Climate Change

This project supports the development of plans to reduce the impact of damage to critical infrastructure and assets caused by increased frequency and severity of bushfires.

Economic

The plans will be related to upgrades that will provide all-access, and improved usage of the Tathra- Bermagui road, and Dr George Mountain road, improving the networks for residents, tourists, freight and businesses to support economic activity across the shire whilst increasing resilience through improving and safeguarding critical infrastructure.

Risk

Scope

The scope of the work to be undertaken as it relates to the tendering and development of detailed designs, cost estimates, project plans and other related and relevant documentation is extensive and is outside the scope of our internal resources to manage. There is a risk that if we cannot engage an external project manager, the tendering process for the survey/investigation/design will not be able to be managed in a timely manner within our resourcing constraints.

Time

The milestones outlined and activity end date must be achieved by 31 March 2025, with limited potential for extension. There is a risk that if we are not able to engage an external project manager and authority be delegated to the Chief Executive Officer to award and execute all future documents in relation to project services directly relating to the completion of the works set out in the confidential attachment, we will not be able to meet the milestones or complete activities in time.

Financial

There is over $2.1m remaining in the available funding. There is a risk that if the milestones are not met the funding will need to be returned. Given that these programs have been identified as critical infrastructure to be upgraded through community and stakeholder engagement during related projects, the plans will need to be developed at some point. As such, there is a risk that if they are not developed as part of this project with available funding, Council may have to fund from elsewhere or seek grant funding to undertake this again in future, creating additional and unnecessary strains on financial and human resources.

Reputational

The process undertaken to identify these sites and programs as relevant and critical in increasing resilience were identified through consultation with communities’ members. There is a risk that failing to undertake the relevant planning could negatively impact on the relationships between Council and community members.

Social / Cultural

Planning to increase resilience of critical infrastructure in our transport network impacts the resilience of our communities.

Attachments

1. Confidential Memorandum to Councillors regarding Grant Funded Project Works - Preparing Australian Communities Funding Projects (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 24 July 2024

Item 10.9

10.9. Twyford Hall loan repayment

Twyford Theatre Complex Limited has formally requested Council approval to modify the terms of the Deed of Agreement in place to delay repayment of the $370,000 Council contributed to the Twyford Theatre Project to allow for a fixed repayment over 10 years.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the report and confidential attachment.

2. That Council does not approve the proposal from The Twyford Theatre Complex Limited to repay Bega Valley Shire Council’s loan of $370,000 in instalments of $37,000 per annum over the next ten (10) years with no interest payable.

Executive Summary

In 2018, the NSW State Government announced a grant of $7.4 million from the Regional Communities Development Fund towards the cost of building the Twyford Hall Theatre. The Twyford Theatre Complex Limited (TTHCL) encountered significant complications in the delivery of the project placing them in a compromised financial position and resulted in Council entering into a Deed of Agreement to provide financial support through a loan to the value of $370,000 towards the project. This placed Council, rather than the NSW Government, at financial risk over delivery of a project the NSW Government funded.

TTHCL has formally requested Council consideration to modify the loan repayment conditions under the terms of the Deed of Agreement to allow for a fixed repayment over 10 years.

Background

In June 2022, Council considered a modification to the terms of the Deed of Agreement in place to delay repayment of the $370,000 for a further twelve months, until 1 July 2023. Council resolved at its Ordinary Meeting of 29 June 2022:

1. That Council receive and note the report and attachments.

2. That Council advise Twyford Hall Incorporated it is willing to grant a twelve month extension to commencement of the loan repayment on the condition that the NSW Government confirm in writing it will fund the remainder of works and Council will not be further financially disadvantaged.

3. That the Chief Executive Officer and Mayor be delegated authority to finalise and execute the amendment to the Deed of Agreement.

Following the resolution, Council Officers wrote to representatives from The Twyford Theatre Complex Limited (TTHCL) to arrange the variation to the Deed of Agreement dated 18 November 2021. Additionally, a formal letter to Regional Development, South East was sent from the Chief Executive Officer seeking written assurance that the NSW Government will fund the remainder of the works to complete the Twyford Hall Theatre Project.

After negotiations, TTHCL acknowledged the resolution but did not execute the Deed of Variation. The reason cited was that the Council’s condition, which required confirmation from the NSW government to fund the remaining works, introduced a timing constraint on the repayment of funds which was an aspect not initially considered in the original Deed of Agreement. As a result, TTHCL was advised that Council reserves its rights under the Deed of Agreement dated 18 November 2021 and that this reservation would remain in effect until TTHCL provides evidence that the NSW government will fund the remaining works. The suggested evidence could take the form of a varied funding Deed from the NSW government addressing the Council’s concerns. Since this evidence has not been provided, Council officers have continued to follow up with TTHCL regarding the repayment of funds.

As the funds had not been repaid, Council wrote to TTHCL advising that it intended to force the terms of the executed Deed of Agreement dated 18 November 2021 which states as follows:

2.1 At the request of TCL, BVSC agrees to advance the funds to TCL on the terms set out in this Deed.

2.2 TCL acknowledges that receipt of the Funds gives rise to a debt in favour of BVSC and the Parties otherwise agree interest is not to be paid.

2.3 TCL will repay the Funds to BVSC the sooner of:

(a) TCL having received the Final Payment; or

(b) on the First Business Day after six (6) months from the date of this Deed.

2.4 If TCL has not repaid the Funds in accordance with clause 2.3 TCL will, on and from 1 July 2022, assign all Lease Income to BVSC until the balance of the Funds then outstanding is repaid, upon which the Lease income will revert to TCL.

2.5 The Parties may by consent and at any time vary the terms of this clause 2.

On 13 June 2024, TTHCL formally requested Council modify loan repayment conditions. The proposed changes are as follows:

1. That the date be amended to reflect the extended period and the commencement of the loan repayments take effect from 1 July 2024, for the 2025 financial year.

2. Council alters the repayment value to $37,000 per annum over 10 years to provide stability and consistency for the operations of the Theatre complex and protect Council from periods of low rent or shop vacancies.

3. Repayments be made annually in arrears or biannually in arrears.

Councils CEO (and at times the Mayor and other Council staff) have had numerous meetings and correspondence with representatives from TTHCL, Department of Regional NSW and NSW Public Works to seek assurance that Council and the broader Bega Valley community would not be financially burdened as a result of this project. At no time has the assurance or commitment provided from any party been met. As a result (and interlinked with Councils current financial constraints), staff do not believe it financially prudent to recommend supporting the request from TTHCL. Should Council proceed with the officer’s recommendation and expect repayment of the loan in accordance with the current deed of agreement, it is acknowledged that this decision would present different financial risks. Council may decide on balance to support the request or an alternative ‘middle ground’.

Options

The options available Council are as follows:

1. Resolve that Council modify the terms of the Deed of Agreement to repay the $370,000 loan in annual instalments of $37,000 for the next ten (10) years without interest. Not recommended.

2. Advise TTHCL Council does not agree to modify the terms of the Deed of Agreement, forcing the Deed of Agreement dated 18 November 2021, resulting in Council receiving approximately $67,957 in lease income annually. It is noted there is a risk this annual income could be affected during periods of low rent or shop vacancies and this option could result in TTHCL becoming insolvent and forced to enter administration and possibly be wound up.

Community and Stakeholder Engagement

Engagement undertaken

As outlined in the background section of this report Council officers have consulted with TTHCL and Regional Development, South East regarding repayment of the loan. There has been no broader public engagement on Council’s part as the project has been managed by TTHCL.

Engagement planned

Council officers will continue to consult with TTHCL and legal representatives to action the resolution of Council.

Financial and Resource Considerations

TTHCL has advised several budget variations left the project with a deficit of between $300,000 and $350,000 and if Council cannot afford them the proposed delayed loan repayment over ten (10) years they will likely be insolvent and forced to enter administration and be wound up.

As Council is the registered proprietor of the Twyford Hall Complex in Merimbula this would result in Council becoming responsible for the completion of the project and ongoing management of the facility which would have significant financial and resource impacts on Council.

Legal /Policy

Section 356 of the Local Government Act 1993 (LG Act) regulates Council’s ability to provide financial assistance. In accordance with section 356 of the LG Act a resolution of the Council is required to contribute money or otherwise grant financial assistance, consequently the need for a further resolution of Council to be passed to modify the terms of the Deed of Agreement providing financial support to TTHCL.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community Strategic Plan:

A.1 Collaborate with partners to provide and support opportunities for social interaction, activities and events.

Delivery Program 2022-25:

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 economic impacts associated with this report have been addressed under the finance section of this report.

Risk

In determining its direction, Council should consider several risks associated with this matter including, but not limited to:

• Reputational risk in relation to the community's view on how Council is handling the proposal from TTHCL as this request is outside of the documented Delivery Program and long-term resourcing strategies of Council.

• Financial risk in relation to the proposal from TTHCL as the request is redirecting council’s financial resources away from the agreed priorities, plans and assets that have been developed through significant community consultation.

Social / Cultural

The project being undertaken by TTHCL will improve the facilities which may have a positive outcome for the community.

Attachments

1 ⇩. Council report dated 20 October 2021 - Twyford Hall, Merimbula

2 ⇩. Council report dated 29 June 2022 Twyford Hall Loan Repayment

3. Proposal from TTHCL regarding loan repayment (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 24 July 2024

Item 10.10

10.10. Audit, Risk and Improvement Committee Quarterly Report June 2024

The purpose of this report is to provide an update on the activities of the Audit, Risk and Improvement Committee (ARIC), present the quarterly report for June 2024 and update Council on the recent recruitment process for the ARIC to Council.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the Audit, Risk and Improvement Committee (ARIC) June 2024 quarterly report.

2. That Council endorses the appointment of one (1) new independent external member to the Audit, Risk and Improvement Committee.

Executive Summary

The quarterly report provides an update on the activities of the Audit, Risk and Improvement Committee (ARIC) to support accountability and highlight issues or emerging risks identified by the ARIC that may influence the strategic direction of Council.

Following the resignation of an existing ARIC member who reached the maximum allowable tenure period, an Expression of Interest (EOI) was launched seeking applications from suitably qualified and experienced members of the community to be appointed as volunteer, independent, external member of Bega Valley Shire Council's ARIC.

Background

Council resolved at its Ordinary Meeting of 17 April 2024, when considering ARIC activities and future membership as follows:

1. That Council receive and note the Audit, Risk and Improvement Committee (ARIC) March 2024 quarterly report.

2. That Council do not approve renumeration for ARIC members from 1 July 2024 instead continue to prioritise out of pocket expenses.

3. That Council call for from suitably qualified and experienced members of the community to be appointed as a volunteer, independent, external member of Bega Valley Shire Council’s ARIC, following the Chair stepping down due to reaching the maximum allowable term to service as an ARIC member.

4. That Council approve the reappointment of Michael Pryke and Philip Saunders as independent representatives of its ARIC for a further four year term.

5. That Council delegate authority to the Chief Executive Officer to endorse the appointment of a new independent external member to the ARIC following a competitive EOI process.

Following the resolution, officers notified Audit, Risk and Improvement Committee (ARIC) members of Council’s decision not to remunerate and launched the external Expressions of Interest (EOI) process to find a suitable ARIC member to replace the existing ARIC member that had reached the maximum allowable tenure as an ARIC member.

It is noted that Phillip Saunders tendered his resignation from ARIC effective from 30 June 2024 which leaves only two ARIC members, Michael Pryke and Nick Derera who both advised they do not have capacity to stand as ARIC chair. Therefore, Council will need to appoint a chair at the next ARIC meeting.

One application was received through the EOI process with a panel consisting of Council’s Mayor, the ARIC Chair and Director Business and Governance interviewing to determine suitability. The following attributes of the applicants were considered in making this recommendation:

· Relevant professional qualifications

· Relevant professional knowledge and expertise

· Understanding of / experience in the public sector / local government

· Understanding of the role of corporate governance in organisations

· Current / prior experience on similar committees in the local government sector

A confidential memo detailing the interview panel’s findings has been attached to this report for Council to consider.

Ongoing reporting by the ARIC to the governing body is a requirement of the Guidelines for Risk Management and Internal Audit Framework for Local Councils in NSW. Specifically, the ARIC must provide an update to the governing body of Council of its activities and opinions after every committee meeting. A copy of the June 2024 ARIC quarterly report is included as an attachment in this business paper for the information of councillors.

Quarterly reporting to Council is essential for accountability to ensure issues or emerging risks identified by the ARIC that may influence the strategic direction of Council are considered.

Options

Under the adopted charter, Council can appoint a new independent member to the committee or reduce current membership to two independent members.

Community and Stakeholder Engagement

ARIC is an independent advisory committee consisting of independent community members that help our elected officials meet their responsibilities to oversee Council. In this sense ARIC is a form of consultation with independent members who conduct their service to Council in accordance with the requirements of the LG Act.

A resignation was received by Council and the committee recommended to issue an expression of interest to fill (EOI) the position. Council endorsed an EOI process to fill the vacancy and the committee confirmed the recruitment panel.

Engagement undertaken

ARIC meets at least four times a year, with one of these meetings including review and endorsement of the annual audited financial reports and external audit opinion as well as review and endorsement of the annual Internal Audit Plan.

EOI’s were issued through council’s website and Facebook page. Applications were received and assessed against the responsibilities of members outlined in the charter.

Engagement planned

The existing meeting arrangements will continue with the next ARIC meeting scheduled to be held on 10 September 2024.

New members appointed by Council to the ARIC will have an appropriate onboarding by the ARIC Chair and executive management representative.

Financial and Resource Considerations

Membership to ARIC is a volunteer position under the adopted charter of council. Minimal budget is provided for hosting quarterly meetings.

All other administration expenses are covered within general fund operational salaries and wages budget of staff that provide support to the function and reporting to the committee.

Legal /Policy

ARIC complies with the provisions of Part 4A of the LG Act in all its dealings.

A key component of ARIC’s mandate is to review compliance measures taken by council. Specifically, ARIC aims to determine if appropriate mechanisms are in place for managing legal and compliance risks as part of risk assessment and management arrangements. This includes ensuring systems for monitoring compliance with relevant laws, regulations and associated government policies are effective.

Ongoing reporting by the ARIC to the governing body is a requirement of the Guidelines for Risk Management and Internal Audit Framework for Local Councils in NSW. Specifically, the ARIC must provide an update to the governing body of council of its activities and observations after every committee meeting.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

CSP Strategy: E.6 Council decision making seeks to optimise environmental, social and economic outcomes for our community, while mitigating financial, legal, environmental, reputational and safety risk

Delivery Program: E6.1 - Deliver enterprise risk management and audit control programs

Core Business: Support the function of Council’s Audit, Risk and Improvement Committee (ARIC)

Environment and Climate Change

ARIC provides assurance through monitoring and evaluation of council’s risk management and audit functions, including assessment that strategic and operational environment risks are managed and climate change impacts considered in governance frameworks.

Economic

The diversity of ARIC member’s skills and experience contribute to the value of advice and probity in financial management and the contribution of council to the local economy.

Risk

Risk management is a key focus area of the committee charter, and therefore a core set of skills that add value to the operation and advice provided by the committee to councillors and management.

Social / Cultural

Council as a key contributor to social and cultural infrastructure and services to the Bega Valley community. The function and benefit of independent members on the committee provide assurance that Council’s governance frameworks and decision making consider social impacts.

Attachments

1 ⇩. Audit Risk and Improvement Committee ARIC Quarterly Report June 2024

2. 2024.07.24 Council Meeting Attachment Confidential Memorandum to Councillors regarding 2024 ARIC recruitment (Confidential - As this attachment contains personnel matters concerning particular individuals as per Section 10A(2)(a) of the Local Government Act 1993.

Council 24 July 2024

Item 10.11

10.11. Certificate of Investment June 2024

This report details Council’s cash and investments at 30 June 2024.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the report on Council’s investment position at 30 June 2024.

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

Executive Summary

I, Judy Jordan, as the Responsible Accounting Officer of Bega Valley Shire Council, hereby certify the investments listed in the attached reports have been made in accordance with Section 625 of the Local Government Act 1993 (the LG Act), clause 212 of the Local Government (General) Regulation 2021.

On 30 June 2024 the total capital value of cash and investments was $139,595,294.27 with 86% of Council’s investment portfolio directed to term deposits and the remainder held in cash deposit accounts. The following is investment information by fund:

Fund	June-2024 (‘000)
General Fund	56,104
Water Fund	29,122
Sewer Fund	54,369
TOTAL	139,595

All investments have been appropriately recorded in Council’s financial records, reconciled monthly.

On the 28 June 2024 Council received $8,027,273.00 which was an advance payment of the Financial Assistance Grant for financial year 2024-25. These funds were expected to be received in financial year 2025 and were included in the 2025 budget. This pre-payment will now have a positive effect on our operating results for the 2024 financial year.

Background

The Local Government Act 1993 and Local Government Regulation 2021 require that the Responsible Accounting Officer must present to council monthly, the status of the investments held by council. The Responsible Accounting Officer must detail the investments held, and their compliance with both internal policy and external regulation under the Ministerial Order of Investments.

Options

This is a receive and note report and does not require consideration of options for decision.

Community and Stakeholder Engagement

Engagement undertaken

There is no community or stakeholder engagement associated with the recommendation of this report.

Engagement planned

The investment details of council are published in council business papers and are publicly available at Council offices and on Council’s website.

Financial and Resource Considerations

A list of Councils cash and investments held at 30 June 2024 is detailed below:

Table 1: Cash and Investments listing
Issuer	Rating	Type	Purchase	Maturity	Interest Rate (%)	Capital Value ($)
Commonwealth Bank (Operating cash account)	AA-	CASH	-	-	4.35	9,457,769.44
Commonwealth Bank (At Call cash account)	AA-	CASH	-	-	4.40	10,000,000.00
NSW Treasury Corporation (Strategic Cash Fund)	AA-	CASH	-	-	-	137,524.83
NAB	AA-	TD	28/02/2023	29/07/2024	4.98	2,000,000.00
Commonwealth Bank	AA-	TD	10/02/2022	15/08/2024	1.75	5,000,000.00
NAB	AA-	TD	28/06/2023	24/09/2024	5.47	2,000,000.00
NAB	AA-	TD	14/12/2023	24/09/2024	5.16	5,000,000.00
Westpac	AA-	TD	30/09/2022	03/10/2024	4.78	2,000,000.00
Suncorp	A+	TD	31/10/2023	31/10/2024	5.42	3,000,000.00
NAB	AA-	TD	11/12/2023	12/11/2024	5.22	5,000,000.00
Suncorp	A+	TD	30/11/2023	29/11/2024	5.46	3,000,000.00
Bendigo and Adelaide	A-	TD	31/07/2023	03/12/2024	5.30	2,000,000.00
Commonwealth Bank	AA-	TD	15/12/2022	16/12/2024	4.59	5,000,000.00
NAB	AA-	TD	30/08/2023	14/01/2025	5.10	2,000,000.00
NAB	AA-	TD	28/06/2024	28/01/2025	5.30	2,500,000.00
Westpac	AA-	TD	08/02/2022	10/02/2025	2.00	5,000,000.00
NAB	AA-	TD	11/03/2024	11/03/2025	5.07	5,000,000.00
Suncorp	A+	TD	30/11/2023	11/03/2025	5.40	2,000,000.00
ING	A	TD	15/04/2024	15/04/2025	5.19	5,000,000.00
Australian Military Bank	BBB+	TD	31/03/2023	16/04/2025	4.50	3,000,000.00
Suncorp	A+	TD	30/11/2023	13/05/2025	5.40	3,000,000.00
ING	A	TD	28/05/2024	28/05/2025	5.27	3,000,000.00
ING	A	TD	31/05/2024	30/05/2025	5.31	1,000,000.00
BankVic	BBB+	TD	28/06/2023	17/06/2025	5.65	2,000,000.00
Suncorp	A+	TD	31/07/2023	31/07/2025	5.18	3,000,000.00
NAB	AA-	TD	31/01/2024	26/08/2025	4.95	3,000,000.00
BankVic	BBB+	TD	05/06/2024	05/09/2025	5.33	1,000,000.00
Westpac	AA-	TD	11/09/2023	11/09/2025	4.99	2,000,000.00
Westpac	AA-	TD	31/10/2023	31/10/2025	5.41	2,000,000.00
Westpac	AA-	TD	29/06/2023	25/11/2025	5.10	2,000,000.00
Suncorp	A+	TD	28/11/2023	28/11/2025	5.38	3,000,000.00
Westpac	AA-	TD (G)	29/02/2024	16/12/2025	4.88	5,000,000.00
Bank of Queensland	A-	TD	11/01/2024	12/01/2026	4.85	2,000,000.00
Westpac	AA-	TD (G)	08/02/2024	09/02/2026	4.84	5,000,000.00
ING	A	TD	11/03/2024	11/03/2026	4.85	5,000,000.00
Westpac	AA-	TD	28/06/2024	28/04/2026	5.20	2,500,000.00
Bank of Queensland	A-	TD	31/01/2024	26/05/2026	4.80	2,000,000.00
Bank of Queensland	A-	TD	28/05/2024	28/07/2026	5.00	5,000,000.00
Westpac	AA-	TD	06/09/2023	07/09/2026	4.88	3,000,000.00
Bank of Queensland	A-	TD	25/05/2024	26/11/2026	4.95	5,000,000.00
Suncorp	A+	TD	11/01/2024	11/01/2027	4.88	2,000,000.00
Total Cash and Investments						$139,595,294.27

Table 2: Interest from Cash and Investments
Interest earned for June 2024	$483,153
Financial year to date interest earned	$4,720,080
Revised Budgeted interest for 2023/2024 financial year (QBRS Q3)^{^[1]}	$4,200,000
Percentage of the 2023/2024 budget earned by council	112%

Council’s investment portfolio is largely directed towards term deposits (86%). The remainder of the portfolio is held in cash deposit accounts with CBA and TCorp (14%).

The investments held by Council remain sufficiently liquid with 62% of investments maturing within the next 12 months.

Council’s cash and investment portfolio has a weighted average maturity of 327 days.

For the month of March, the cash and investments held by Council provided a return of 4.74% p.a. exceeding the RBA cash rate of 4.35%.

Council continues to utilise the platform Imperium Markets, to assist in conducting, managing, and reporting on council’s investments. This provides an automated process of sourcing quotes and investing monies which is allowing Council to better address investment risks. Additional to the platform, Arlo Advisory provide investment advice on the surrounding market conditions and how council can maximise returns within the Ministerial Order and Council’s investment policy.

Table 3: Investments by Fund $’000
Fund	April-2024	May-2024	June-2024
General Fund	40,130	49,353	56,051
Water Fund	30,284	30,594	29,144
Sewer Fund	52,658	54,285	54,400
TOTAL	123,072	134,232	139,595

Each Fund’s allocation can only be utilised for its specific operations. For example, Water Fund cannot use its financial resources on General Fund projects.

Included in the General Fund investments are amounts that are externally restricted for specific purposes, i.e. contributions and unspent grants. In addition, there are amounts that are internally restricted by Council.

The value of outstanding government grant debtors on 30 June 2024 is $1,014,177.33 with $58,717.62 aged 4+ months. Council continues to work with our funding partners to reduce these debts.

Legal /Policy

Section 625 of the Local Government Act 1993 determines money may only be invested in a type of investment authorised by Order of the Minister for Local Government and published in the Local Government Gazette. The current Ministerial Order of Investment was published 17 February 2011.

Clause 212 of the Local Government (General) Regulation 2021 determines the Responsible Accounting Officer must provide Council with a written report setting out details of all money Council has invested under Section 625 of the LG Act.

The report must also include a Certificate as to whether the investments have been made in accordance with the LG Act, LG Regulations and Council’s Investment Policy.

Council has an Investment Policy, policy number 6.07 adopted 16 November 2022. The policy was reviewed internally on 13 December 2023. This policy is reviewed every four years by Council and annually by Council officers.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This report is provided in accordance with Council’s Community Strategic Plan (CSP), Delivery Program (DP) and Operational Plan (OP).

CSP Theme: Our civic leadership – Local leadership is strong, consultative and responsive to our community’s needs.

CSP Strategy: E.4 Council has robust financial management processes to ensure ongoing viability and value for money.

Delivery Program: E4.2 - Ensure Council’s revenue streams are maximised.

Operational Plan: Finance - core business: Manage Council’s borrowings and investments in accordance with council’s financial strategy.

Environment and Climate Change

Council considers the importance of environmental, social and governance factors in investment decision making.

As at 30 June 2024, Council’s investment portfolio included $10 million of green certified investments.

Economic

Council’s investment policy objective is to maximise returns by investing with the most favourable rate of return. Performance of investments are reported monthly, quarterly, and annually.

Risk

Council policies have strict guidelines to reduce Council’s risk to capital. The following graphs provide representation of Councils compliance to these measures.

Risk management means our investments are made giving regard to key criteria of counterparty, credit quality and maturity compliance.

At 30 June 2024, all cash and investments held are within the counterparty, credit quality and maturity policy limits.

Other legal instruments, such as the Ministerial Order referenced above, are also being used to mitigate financial risk.

Legend: Compliant Non-Compliant

Counterparty Compliance

Credit Quality Compliance

Maturity Compliance

Social / Cultural

Maximising performance of returns enables the organisation to leverage additional funding received as a result of investment performance and use these towards community projects, programs and services.

Attachments

Nil

[1] Review of the budget for interest on investment are conducted as part of each Quarterly Budget review. This is due to Councils large capital program and the uncertainty in timing of payments required.

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

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

Council	24 July 2024
*Item 8.2 - Attachment 1*	To be adopted draft Bega Eden Merrimans Memorandum of Understanding

Council	24 July 2024
*Item 8.2 - Attachment 2*	Bega Eden Merrimans memorandum of understanding August 2019

Council	24 July 2024
*Item 8.2 - Attachment 3*	BEM MOU Implementation Plan 2021-22 - progress as at 30 June 2024

Council	24 July 2024
*Item 8.3 - Attachment 1*	Draft Wallaga Lake CMP: Section 1 & 2 - Executive Summary and CMP development background

Council	24 July 2024
*Item 8.3 - Attachment 2*	Draft Wallaga Lake CMP: Section 3 to 9 – Actions, Maps & Business Plan

Council	24 July 2024
*Item 8.3 - Attachment 3*	Draft Wallaga Lake CMP – Appendices

Council	24 July 2024
*Item 8.4 - Attachment 1*	Revised Draft Flood and Sea Level Rise Policy

Council	24 July 2024
*Item 8.4 - Attachment 2*	Revised Draft Development Control Plan 2013

Council	24 July 2024
*Item 8.4 - Attachment 3*	Summary of submissions

Council	24 July 2024
*Item 8.5 - Attachment 1*	Minister's Statement of Expectations Order 2024

Council	24 July 2024
*Item 8.6 - Attachment 1*	Draft Planning Proposal: Southern Cross Community Housing, Rawlinson Street, Bega

Council	24 July 2024
*Item 8.6 - Attachment 2*	Draft Planning Proposal: Traffic Impact Assessment

Council	24 July 2024
*Item 8.6 - Attachment 3*	Draft Planning Proposal: Statement of Environmental Effects

Council	24 July 2024
*Item 8.6 - Attachment 4*	Draft Planning Proposal: Architectural Plans

Council	24 July 2024
*Item 8.7 - Attachment 1*	Statement of Environmental Effects

Council	24 July 2024
*Item 8.7 - Attachment 2*	Section 4.55 Assessment Report

Council	24 July 2024
*Item 8.7 - Attachment 3*	Draft Modification Notice and Consent

Council	24 July 2024
*Item 8.7 - Attachment 4*	Copy of previous Council Meeting Report/Recommendation and Consent

Council	24 July 2024
*Item 8.8 - Attachment 1*	Site Plan

Council	24 July 2024
*Item 8.8 - Attachment 2*	Proposed Floor Plan

Council	24 July 2024
*Item 8.8 - Attachment 3*	4.15 Assessment report

Council	24 July 2024
*Item 8.8 - Attachment 4*	Draft Notice of Determination - Refusal

Council	24 July 2024
*Item 8.9 - Attachment 1*	Bega Eden Merrimans Aboriginal Liaison Committee meeting minutes 13 February 2024

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

Confidential Business

Adjournment Into Closed Session

Recommendation

Council	24 July 2024
*Item 8.9 - Attachment 2*	Access and Inclusion Advisory Committee meeting minutes 20 February 2024

Council	24 July 2024
*Item 8.9 - Attachment 3*	S355 General Community Hall Committee meeting minutes 21 November 2023

Council	24 July 2024
*Item 8.9 - Attachment 4*	S355 General Community Hall Committee meeting minutes 9 April 2024

Council	24 July 2024
*Item 8.9 - Attachment 5*	S355 Montreal Goldfield Committee Meeting Minutes 24 November 2023

Council	24 July 2024
*Item 8.9 - Attachment 6*	S355 General Sportsground Quarterly Committee Meeting minutes 26 February 2024

Council	24 July 2024
*Item 9.1 - Attachment 1*	2024 Local Roads Congress Communique

Council	24 July 2024
*Item 9.2 - Attachment 1*	The ORCA - Quad Crown Mountain Bike Race

Council	24 July 2024
*Item 9.2 - Attachment 2*	Re-Boot in Bermagui 2024

Item	$ Excl GST
2018 event return of fees plus interest	$214.55
2019 event fees waived	$160.00
2020 event fees waived	$180.00
2023 event fees waived	$220.00
2024 event fees waived	$132.00

Council	24 July 2024
*Item 10.1 - Attachment 1*	Local Government NSW Policy Platform May 2024