Agenda of Council - 4 September 2013

ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST

A GUIDING CHECKLIST FOR COUNCILLORS, OFFICERS AND COMMUNITY COMMITTEES

Ethical decision making

Is the decision or conduct legal?

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

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

Does it raise a conflict of interest?

Do you stand to gain personally at public expense?

Can the decision be justified in terms of public interest?

Would it withstand public scrutiny?

Conflict of interest

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

Pecuniary – regulated by the Local Government Act and Department of Local Government

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

The test for conflict of interest

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

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

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

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

Identifying problems

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

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

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

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

Agency advice

Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, officers and community committee members by various pieces of legislation, regulation and codes.

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

TO: The General Manager
Bega Valley Shire Council

Disclosure of pecuniary interests / non-pecuniary conflict of interests

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

Ordinary meeting held on _____ / _____ / 20___

dd mm yy

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

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

Signed
Print Name	Councillor

* Note: Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 6.11 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation 2004 (conflict of interests) it is necessary for you to disclose the nature of the interest when making a disclosure of a pecuniary interest or a non-pecuniary conflict of interest at a meeting.

Council 4 September 2013

AGENDA

1 Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 14 August 2013 as circulated, be taken as read and confirmed.

2 Apologies and requests for leave of absence

3 Declarations

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

4 Deputations (by prior arrangement)

5 Petitions

6 Mayoral Minutes

7 Adjournment to Standing Committees

RECOMMENDATION

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

8 Staff Reports – Planning and Environment (Sustainability)

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

8.1 Bega Valley Comprehensive Development Control Plan...................... 9

8.2 Clay Target Shooting Range - Lot 101 DP1172182, Murrah River Road, via Bermagui - Request for Review of Determination of Section 96 Modification.................................................................................... 20

9 Staff Reports – Community and Relationships (Liveability)

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

Nil Reports

10 Staff Reports – Economic (Enterprising)

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

10.1 Classification of Council land at Verona as operational land.............. 32

10.2 Creation of easement over land at Kiah............................................ 34

10.3 Renew the Valley - economic and community development and opportunities with the creative industries sector............................... 36

11 Staff Reports – Infrastructure Waste and Water (Accessibility)

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

11.1 Bega Valley Local Traffic Committee Meeting 7 August 2013............ 42

11.2 Rural Fire Service State Mitigation Support Lease Renewal.............. 45

11.3 Water Allocation Payments to Sportsground Committees ................. 47

11.4 Sportsground and Recreational Facilities Improvement Fund - Project Allocations...................................................................................... 50

12 Staff Reports – Governance and Strategy (Leading Organisation)

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

12.1 Appointment of General Manager..................................................... 54

12.2 Southern Councils Group Board Meeting 19 July 2013...................... 56

12.3 Adoption of Draft Communications Strategy..................................... 57

12.4 Policy review................................................................................ 63 .

13 Adoption of Reports from Standing Committees

RECOMMENDATION

That all motions recorded in the Standing Committees, including votes for and against, be adopted in by the Ordinary Council meeting.

14 Delegates Reports

15 Rescission/alteration Motions

16 Notices of Motion

17 Urgent Business

18 Questions On Notice

19 Questions for the Next Meeting

20.. Confidential Business

21 Adoption of reports from Closed Session

22 Resolutions to declassify reports considered in closed session

Council 4 September 2013 Item 8.1

8.1. Bega Valley Comprehensive Development Control Plan

Council staff have revised the exhibited Comprehensive Development Control Plan (DCP) following two separate public exhibition periods, Councillor workshops and consultation with industry professionals. This report recommends that Council adopt the Comprehensive DCP.

Group Manager Planning & Environment

Background

The NSW State Government, legislated in September 2005 to require all Councils to reformat their Development Control Plans (DCP’s) so that only one DCP applies to any parcel of land and additionally to remove any discrepancies between the provisions of DCPs and the adopted Local Environmental Plan (LEP). Accordingly, Council resolved on 13 December 2005 to prepare a draft Comprehensive Development Control Plan (CDCP) to replace all existing Development Control Plans.

First Draft CDCP

In compiling the CDCP all existing DCP’s were reviewed and many provisions were incorporated into what is now the gazetted Bega Valley LEP 2013, in particular the Land Use Zone for the Township of Eden, Minimum Lot Size and Height of Buildings. Other existing DCP provisions were reviewed, updated and incorporated into the draft CDCP. A heritage section was developed by revising the requirements from the Pambula and Bega DCPs and applying them more generally. Table 1 in Appendix 1 contains a list of all existing DCPs and the corresponding CDCP and/or LEP action.

New requirements and character statements were introduced for development in towns and villages which will the public domain masterplans being prepared for the four major towns CBDs in 2013/14. Provisions were also developed for rural and scenic landscapes, outdoor advertising, social impact assessment, access and mobility, ecologically sustainable development, mineral and extractive resources, and planning for hazards.

The requirements for residential development were significantly updated and revised to reflect coastal and other design guidelines where appropriate. Specifications for roads, easements, parking, driveways, soil and stormwater management and utility services were combined into a new section on engineering requirements. In addition, Council’s Tree Preservation Order was incorporated into the CDCP in line with the requirements of the preservation of trees Vegetation Clause in the Bega Valley LEP 2013.

The draft CDCP was originally publically exhibited in conjunction with draft Comprehensive LEP 2010 from 12 May 2011 to 29 July 2011. Table 2 in Appendix 2 contains a summary of the submissions received and corresponding staff comments.

Second Draft CDCP

Following exhibition, the draft CDCP was reviewed by staff and Councillors (of the previous Council), and updated to incorporate legislation changes and initial public comments.

The revised draft CDCP was based on a new format, and included new requirements for industrial development, flood planning and coastal hazards as well as revised requirements for heritage buildings, signage, access and mobility, social impact assessment, rural land use conflict, extractive industries and rural landscapes.

The aim of the revised draft CDCP is to ensure that future development is consistent with the desired future character and community vision for the Bega Valley Shire’s towns, villages, urban settlements and rural areas.

Final Draft CDCP

Following consideration of the submissions received, issues discussed at meetings with staff, development industry professionals, Chambers of Commerce and matters raised by Councillors at workshops, the draft CDCP has been further refined with a review of the subdivision and engineering requirements, access provisions, requirements for development in environmental zones and background information concerning specific rural landscapes. New sections have been developed for Bermagui Town Centre character, sustainable design principles and climate change.

The CDCP has now been finalised with the exception of two sections. On 24 July 2012 Council resolved that a section be included in the draft CDCP addressing design principles, including number of storeys, for the B2 and B4 zoned areas in the Bega, Eden and Merimbula CBDs. A consultant has been engaged to prepare this section and it is proposed to exhibit it alongside the planning proposal for height increases in the CBDs. The outstanding section on Aboriginal heritage will be finalised on conclusion of the Bega Valley Aboriginal Heritage Study. Following workshopping by Councillors and public exhibition these sections will be recommended for incorporation into the CDCP.

ISSUES

Consultation

The revised draft CDCP was publically exhibited from 22 August 2012 to 21 September 2012. During this exhibition period meetings were held with staff and development industry professionals to provide feedback on various aspects of the draft CDCP.

In accordance with the provisions of State Environmental Planning Policy No 64 – Advertising and Signage, consultation with the Roads and Maritime Service, advertising industry and representatives of local businesses was also conducted during this period, including a meeting with representatives of local Chambers of Commerce.

Table 3 in Appendix 2 contains a summary of the submissions received and corresponding staff comments.

A final copy of the Draft Comprehensive Development Control Plan has been provided to Councillors separately or can be viewed on Council’s website:

http://www.begavalley.nsw.gov.au/infocouncil/Open/2013/attachments/DRAFT_DCP_4_September_2013.pdf

Conclusion

The draft CDCP has been revised and refined over the course of two public exhibitions, consultation with development industry professionals and Councillor workshops, to the extent that it is now suitable for adoption by Council. The CDCP complies with relevant legislation and provides a flexible approach to delivering good design outcomes, managing potential land use conflicts and enhancing the character of our towns, villages and rural areas.

ATTACHMENTS

1 View. Table 1: Existing DCP review

2 View. Table 2 and 3: Summary of submissions

Recommendation

That Council rescind all current Development Control Plans and adopt Bega Valley Development Control Plan 2013.

Council	4 September 2013
*Item 8.1 - Attachment 1*	*Table 1: Existing DCP review*

Table 1: Existing DCP review

Existing DCP	CLEP/CDCP action
1 Residential Standards	Requirements revised and moved to Height of Buildings Map with some amendments
2 Subdivision Standards	Some standards incorporated into Lot Size Map, DCP requirements reviewed and incorporated
3 Notification Policy	Requirements reviewed and incorporated into CDCP
4 Exempt and Complying	DCP largely replaced by Except and Complying SEPP, remaining provisions incorporated into CLEP Clauses 3.2 & 5.4 and Schedule 2
5 On-Site Sewage Management	Requirements reviewed and incorporated into CDCP
6 Minimum Setbacks to Roads and Nominated Waterways	Requirements reviewed and incorporated into CDCP
7 Car Parking	Requirements reviewed and incorporated into CDCP
8 Contaminated Land	Requirements reviewed and incorporated into CDCP
9 Rural Residential Development	DCP mostly replaced by Lot Size Map some new requirements for E3 and E4 zones in CDCP
10 Rural Water Supply Areas	DCP replaced by new Development Servicing Plan
11 Bed & Breakfast Establishments	Requirements reviewed and incorporated into CDCP
12 Primitive Camping	Revoke. Covered by regulations in Local Government Act
13 Bent St Laneway, Bermagui	Reviewed in new Section 94 plan
14 Murrah, Tuross, Lamont & Carnago Streets, Bermagui	Reviewed in new Section 94 plan and some requirements revised and incorporated
15 Beares Beach	Requirements revised and incorporated into CDCP
16 Cobargo Village	Some land use controls incorporated into Land Zoning Map
17 Tarraganda 1c Zone	DCP replaced by Lot Size Map
18 Kalaru Village	DCP replaced by Lot Size Map
19 Mogareeka Village	DCP replaced by Lot Size Map
20 Tathra Headland	DCP replaced by the Height of Buildings and Floor Space Ratio Maps
21 Tathra River Estate Stage One	DCP replaced by Lot Size Map
22 Sapphire Coast Turf Club	Subdivision standards incorporated into Lot Size Map. Revised requirements incorporated into CDCP
23 Greater Merimbula Area Height Controls	DCP replaced by Height of Buildings Map with some amendments
24 Elizabeth Parade, Tura Beach	DCP replaced by Lot Size Map
25 The Dress Circle, Tura Beach	DCP replaced by Lot Size Map and zone land use table
26 Golf Circuit, Tura Beach	DCP replaced by Lot Size Map
27 Kangaroo Run, Tura Beach	DCP replaced by Lot Size Map and zone land use table
28 Imlay and Monaro Streets, Merimbula	DCP replaced by Lot Size & Land Zoning Maps
29 Arthur Kaine Drive, Merimbula	Requirements reviewed and incorporated into CDCP
30 Merimbula Height Controls	Requirements revised moved to Height of Buildings Map with some amendments
31 Merimbula Airport Lands	Height controls moved to Height of Buildings Map & land use controls replaced by CLEP Clause 6.8
32 West Pambula Future Urban	DCP replaced by Lot Size & Land Zoning Maps
33 Broadwater	DCP replaced by Lot Size & Land Zoning Maps
34 Eden	DCP replaced by Land Zoning Map
35 South Eden 1c	DCP replaced by Lot Size & Land Zoning Maps
36 Wonboyn	Replaced by Lot Size, and Zoning and Height of Buildings Maps some requirements revised and included in CDCP
37 Bellbird Hill, Eden	DCP replaced by Lot Size & Land Zoning Maps
39 Pambula Village	Requirements reviewed and incorporated into CDCP
40 Port of Eden Town Centre	Requirements reviewed and incorporated into CDCP
41 Bega Town Centre	Requirements reviewed and incorporated into CDCP
42 Bermagui Country Club	Requirements reviewed and incorporated into CDCP
44 Prospect Estate	DCP replaced by Land Zoning Map

Council	4 September 2013
*Item 8.1 - Attachment 2*	*Table 2 and 3: Summary of submissions*

Table 2: Draft CDCP 2011 - Summary of submissions

Name	Issue	Comments
J Tipping (Manager Building Services BVSC)	Refine parameters for development at Sapphire Coast Turf Club	DCP amended
J Tipping (Manager Building Services BVSC)	Resolve anomalies between DCP and Codes SEPP in relation to setbacks	DCP standards reviewed and amended to increase flexibility
R Sarah Gardiner	Concern regarding controls applying to part of Cobargo on Princes Hwy and Bermagui Rd too restrictive	All heritage related controls in DCP reviewed and section referred to deleted
Caddey Searl & Jarman (M Collins)	Bega flood heights should be reviewed. Required floor level should be 1.9m above 1 in 100 year flood level.	Clause deleted. New clause to be inserted following completion of Bega Estuary flood study currently underway.
A Van Tholen	LEP dictionary should be amended to include ‘drive-in take-away food outlet’ and use prohibited in Bega as contrary to aims of DCP for character of Bega	Issue dealt with in LEP submissions.
R Millard	DAs/BAs for Bermagui area should be displayed in Bermagui library	2012 draft DCP amended to make certain DAs available at Bermagui, Eden or Merimbula libraries
J & K Durant (John Durant & Associates)	Requirement for battle axe entrance width of 20m waste of land, excessive and hard to maintain.	20m requirement retained, variations considered on merit based on services & driveway requirements
M Britten	Requirement for 20m driveway to serve 2 lots in residential areas discourages development and senseless unless is going to be a major subdivision at rear in future. Prefer 7m in Res A and 10-15m in Res B depending on size/number of blocks/density as converting to local road would require no more than 15m	20m requirement retained, variations considered on merit based on services & driveway requirements
Paynter Dixon Developments (B Thompson)	DCP contains anomalies, is unwieldy and not user friendly – should amend and re-exhibit	DCP reformatted, and reviewed and re-exhibited
	Seek confirmation only section relating to CC applies to area C and general controls relate to areas A & B	Original Draft DCP unclear. New draft DCP general controls apply to site and some specific design requirements from original CC DCP retained and also apply specifically to area C.
	LEP should be amended to permit lot sizes less than 100sqm for areas A&B. Seek clarification regarding differing FSR for site in DCP and LEP.	Lot size and FSR controls removed from DCP and LEP lot size map amended
	Sections on Flood Protection and protection of waterways and development within areas mapped as environmental overlays contain inconsistencies, omissions and anomalies.	Section removed from DCP. New flood planning controls inserted
	DCP requirement for max 100 dwellings per stage and 30% occupancy required to commence next stage restrictive as lots may be sold but not developed when CC ready to release next stage and stages likely to be much smaller than 100 lots so 30% controls superfluous.	Retain, original requirement of original masterplan and DCP associated with approved rezoning proposal. No details provided to enable alternative controls to be developed to achieve original intention of managing the rate of Bermagui’s growth.
	Request to alter road layout of N/S road on eastern side of land where adjacent to proposed open space corridor.	Retain, road connection with Ocean Drive was an original requirement of Council for DCP associated with approved rezoning proposal.
RTA (now RMS)	Subdivision section should reinforce that direct access to classified roads not permitted where is alternative access, and issue addressed in subdivision design with diagram.	Noted, Clause inserted
	Austroads Guide to Road Design and relevant RTA supplements replaced RTA Road Design Guide	Noted, DCP amended
	Carparking location add: should be connected to development site with adequate pedestrian facilities or the developer provides adequate pedestrian facilities in conjunction with development proposal	Noted requirements for accessible path of travel linking development car parks added.
	Signage add section to deal with Variable Message Signs (VMS) to strictly limit use for safety – refer to DPI 2007 Transport corridor outdoor advertising and signage guidelines.	Noted, Clause inserted
Department Environment and Climate Change	All subdivisions in residential land adjoining E1-3 or RE1 to have perimeter road along boundary of R zone for use as APZ – where not possible lots should be large enough so APZs not located on adjoining E or RE zoned land	Covered through Planning for Bushfire guidelines and DCP requirement for APZs to be located on the property to be subdivided
	E3-4 subdivision should ensure areas of highest conservation value in larger lots or one large lot if possible	Addressed through introduction of lot averaging provisions in LEP
	E3-4 lot layouts to allow dwellings and APZs to be located consistently for neighbourhood to permit native veg corridors 100m wide in each direction	Addressed through inclusion of new requirements for E3 and E4 zones
	Support inclusion of biodiversity, riparian and estuary clauses	Noted
	Offer to assist develop protocols for Aboriginal Cultural Heritage	Noted. DCP requirements will be written following conclusion of BVS Aboriginal Heritage Study
	Guidelines for development in E3-4 too general, need better controls outside APZs to achieve zone objectives (examples provided)	Examples provided create enforcement issues and not practical to implement. Alternative controls devised and inserted.
	Biodiversity - need to review discussion of interaction between LEP and Native Veg Act	Section rewritten in second draft
	Coastal Hazards Overlay: need flexible approach with consent only for relocatable development	Overlay removed from LEP and replaced with Clause 6.6 which considered relocatable development
Southern Rivers Catchment Management Authority	Conflict between intention of Clause 5.9(9) of LEP and TPO section of DCP	LEP issue resolved
Southern Rivers Catchment Management Authority	Section on riparian areas needs refining (offer to assist)	Section rewritten in second draft

Table 3: Draft CDCP 2012 - Summary of submissions

Name	Issue	Comments
Eden Fishermans Recreation Club	No reference to B4 zone in Eden section	Noted, DCP amended
Eden Chamber of Commerce and Tourism	Request reference to Mt Imlay in Rural Landscapes section and removal of ‘filtered’ from future character statement, recognition of flag masthead in Imlay St median	Noted, DCP amended
	Request increased flexibility in exceptional circumstances for location of signage in rural areas, size of signs, controls on tourist promotional signage	Variations clause provides sufficient flexibility where justified
	Pleased with incorporation of themes and design controls from Eden Blueprint but need more emphasis in DA assessment. Request strong application of Blueprint principles and Clause 2.2.4 of DCP to assist town revitalisation	Noted
Barb Aggenbach	DCP biased and misleading as based on Bega Town Centre Planning Report and proposal for Bega as regional centre	DCP includes specific sections regarding Merimbula, Pambula and Eden town centres as well as Bega. Bega designated as Regional Centre by NSW State Government
Richie McNeil Design	General commercial setbacks may not be suitable given increased heights particularly on narrow sites – suggest savings clause to allow reduction based on design merit	To be addressed by consultant reviewing design guidelines in CBDs
	6m width for pedestrian arcades not practical and requirement to be straight restrictive	Disagree will assess any variation on merit
	Suggest existing and possible loading zones be listed/mapped in DCP for use by future development	Referred to Local Traffic Committee
	Requirement for 1m indentation for 2.5m in walls longer than 10 m restrictive on narrow sites – suggest 600mm for 2m.	Requirement may be varied where circumstances warrant as justified as part of the design
	Dot 5 should read ‘car ports and garage doors’ and note should read: ‘…façade or of greater than 40% of front elevation on sloping….main structure or other practical location.	Noted, DCP amended
	Fig 3.5 if dwelling on steep slope excavation for 2 stacked car spaces not practical.	Diagram intended as illustration only, heading and explanation amended.
	Figures/pictures misleading, inappropriate and too simplified in many cases – should be removed	Noted, headings changes and additional explanations included
	Table 3.2 requirement for second storey setback 1.5m in 2(a) – should be 900mm as per current standard	Noted, DCP amended
	Requirements for cut and fill and elevated floor too restrictive on design, especially for steep sites – suggest removal or use of recommended heights with allowance to exceed on sloping sited based on design merit. Also remove corresponding section of table 3.4	Agree, clause and table amended
K.L & C.M Gordon Drafting Service	Bega residential locality objectives does not reference areas outside town centre	Noted, DCP amended
	Excavation requirements inconsistency between clause and figure	Noted, clause amended
	Table 4.2 need to include ‘and side and rear boundaries’ in title	Noted, title amended
	Flood heights for Bega inappropriately high and should remain at 15.5m until flood study completed.	Agree, requirement removed
	Bushfire prone land – should include reference to AS3959 Construction of Buildings in Bushfire Prone Areas	Agree, DCP amended
	Request urgent review of Council’s Bushfire Prone Land Map	Noted
Roads and Maritime Services	Change reference from RTA to RMS	Noted, DCP amended
	See previous submission re VMS	Noted, clause inserted
	NSW RTA Control of Advertising Signs Guideline no longer in use and reference to document should be deleted.	Noted, DCP amended
Office of Environment and Heritage	Support DCP with recommended changes	Noted
	DA guideline matrix linked to section should include directions on requirements if one of Environmentally Sensitive Land overlays applies	Separate lodgement requirements not developed but however suggestion noted
	Any new subdivision should be designed so every new lot can allow construction of north facing dwelling	Requirements for energy efficient design in subdivisions covers issue but permits alternative solutions due to site constraints
	Residential development design add: All building footprints should be oriented so that living spaces are facing north.	Guidelines for good solar access are outlined for a variety of lot and dwelling orientations in energy conservation section of DCP
	All building envelopes must be placed to ensure the APZ will be created entirely within the residential, business or industrial zone and not within land zoned E2.	DCP requirement that APZ located on subject site
	E3 or E4 lots, building envelopes and APZs should be located to result in the least amount of clearing or which are already clear of native vegetation. If not practical consideration should be given to increasing the standard of construction materials to withstand a higher BAL to reduce/minimise the size of the APZ required – should be done in consultation with RFS (Could also be in 5.6.4)	Covered through LEP objectives of zones plus DCP requirements for E3 and E4 zones and general requirement for subdivision design to contain new structures and major infrastructure and any asset protection within cleared land.
	E3 and E4 limit cut and fill to 1000mm and 600mm respectively for consistency with rural land	DCP requirement deleted and replaced with guideline
	Development in E4 zone should include information on lot averaging and way in which dwellings should be clustered to contain the disturbance footprint in one location and allow remaining area to maintain biodiversity	LEP clause and requirements in DCP cover issue sufficiently
	Need to include section on Aboriginal Cultural Heritage and reference to section 90 of NP&W 1974 – welcome opportunity to assist Council to develop controls	DCP Section to be written following adoption of BVS Aboriginal Heritage Study
	Tree preservation include list of trees and shrubs which are component species for EECs within the LGA. Will assist Council prepare list	Information not requires as covered by reference to the applicable legislation
	On-site sewer need to specify what constitutes an environmentally sensitive area	Clarified in Section 5.5.1
	Subdivision standards should contain information about SEPP44 Koala Habitat Protection in E3 and E4 plus guidelines	Addressed in ‘related policy’ section of subdivision standards
	Controls for lot averaging in E3 and E4 including need for ensuring connectivity and habitat protection for threatened fauna	LEP clause covers issue sufficiently
	Riparian areas for subdivision add dot point: any development and its sewerage management system must be located no closer than 100m from SEPP14 wetland	Requirement already covered in OSM Section
	Include requirement for new subdivisions to provide cycle paths to reduce reliance on fossil fuels for transport	Requirement already covered in subdivision section
RCL Group	Diagrams should take into account build ability and cost implications. Figure 3.2 implies significant cost increase from figure 3.1	Purpose of figures to illustrate bulk and scale issues not set design standards. Explanation and heading of figures altered to clarify.
	Review wording throughout document re. ‘should’ ‘must’ ‘shall’ ‘required’ etc.	Noted, DCP amended
	Should use ratios not sqm to describe minimum building areas and open space requirements	Use Floor Space Ratio set by LEP and sqm requirement in DCP are appropriate to ensure functional open space
	Overshadowing and orientation requirements need further explanation	Noted, diagram headings changed and additional explanations included
	Figures 3.10 & 3.11 should be amended to achieve practical outcomes. Slope and excavation requirements in 3.2.3.3 need to be amended – better to treat on merits	Noted, clause amended
	Review road width corridors and adjoining tables – do not match	Information reformatted to improve clarity
	Review description of battle axe blocks and road widths as not conducive to efficient development	20m requirement retained, variations considered on merit based on services & driveway requirements
	Minimum splays 5m too big	Noted DCP amended to require dedications as required by engineering section
Paynter Dixon	Delete 30% occupation certificate precondition for staging to allow market to determine timing of stages. Alternative control Council not grant CCs for further DAs while more than 70% vacant sites in previous DA.	See comments in Table 2 above. Alternative solution is not feasible.
Locale Consulting for GHD for BVSC	Suggest minor amendment to objective for Snug Cove section of DCP	Noted, DCP amended
Locale Consulting for GHD for BVSC	Suggest add wording so if inconsistencies between master plan and DCP the master plan prevails	Noted, DCP amended for all sections of Chapter on site specific development
C Hancock (Planning Co-ordinator)	Reinstate rural landscapes information on objectives, landscape attributes, planning issues & ability to absorb change as useful information for applicants and used successfully in recent court case	Noted, DCP amended

Council 4 September 2013 Item 8.2

8.2. DA No. 1999.1438: Clay Target Shooting Range - Lot 101 DP1172182, Murrah River Road, via Bermagui - Request for Review of Determination of Section 96 Modification

Group Manager Planning & Environment

Applicant	Bermagui Field and Game Inc
Owner	Bermagui Field and Game Inc
Site	Lot 101 DP 1172182 (formally part of Lot 10 DP 849934, Murrah River Road, via Bermagui)
Zone	1(a) Rural General under BVLEP 2002
Site area	24.6 hectares
Approved development	Clay Target Shooting Range

Precis

Council at its meeting held on 24 July 2013 gave consideration to the Section 96 Application to Modify Condition 4 of Development Consent 199.1438 and resolved to refuse the application.

In accordance with Section 96AB of the Environmental Planning and Assessment Act 1979, the applicant has lodged a formal request seeking a review of Council’s decision to refuse the Section 96 Application.

The request to review is supported by staff.

It is recommended that Council determine the matter.

Background

Council at its meeting held on 24 July 2013 gave consideration to the Section 96 Application to Modify Condition 4 and resolved the following;

The Section 96 Application to Modify Condition 4 of Development Consent 1999.1438 for the Clay Target Shooting Range on Lot 101 DP 1172182 Murrah River Road, via Bermagui, is refused for the following reasons:

a. The proposed development would be contrary to Clause 65(1)(a)(i) of the Bega Valley Local Environmental Plan 2002 as the increase in lead shot use would result in an adverse impact on the water quality in the area.

b. The proposed development would be contrary to Clause 65(1)(b)(i) and (ii) of the Bega Valley Local Environmental Plan 2002 as the increased hours would result in unacceptable impacts on adjoining and nearby dwellings due to increased noise generation.

c. The proposed development would be contrary to Clause 65(1)(b)(i) and (ii) of the Bega Valley Local Environmental Plan 2002 as the increase lead shot would result in unacceptable impacts on the environment.

d. For the purpose of Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979 (as amended), the proposed development would result in unacceptable noise impacts on adjoining dwellings.

e. Approval of the Section 96 Application to Modify Condition 4 would not be in the public interest, for the purpose of Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979 (as amended) as:

i. The development fails to mitigate noise impacts on adjoining and nearby rural dwellings.

ii. The development fails to mitigate concerns associated with potential contamination of the site and onto adjoining lands associated with the increase in lead shot.

On 29 July 2013, a Notice of determination was issued to the applicant in accordance with Council’s resolution.

On 2 August 2013, the applicant lodged a letter seeking a review of the determination in accordance with Section 96AB of the Environmental Planning and Assessment Act 1979. A copy of the letter is attached as Appendix 1.

Description of the modification request as presented to the council meeting of 24 july 2013

The approved development for the site is a Clay Target Shooting Range.

Condition 4 of the consent states:

“The use shall be restricted to a maximum of 12 days (between the hours of 10.00am and 5.00pm) in any one calendar year unless otherwise approved by Council. There shall not be less than 20 days between any event.”

The application sought to allow one training day per month, proposed to be the second Saturday of each month, between the hours of 11am and 4pm. The Club advised that it would enable it to conduct skills training, junior development, safety training, an introduction to firearms for new shooters and Firearms Licence Tests. The applicant proposed that the increased days would not be used for competition and the number of shots fired would be in the region of 1-3% of a competition day.

The applicant lodged a Section 96 Application to modify Condition 4 to read:

“Use for the audible firing of firearms will be limited to Competition and training days. The use, for the purposes of competition, shall be restricted to a maximum of 12 days (between the hours of 10.00am and 5.00pm) in any one calendar year, unless otherwise approved by Council. There shall not be less than 20 days between any competition event. The use, for the purposes of training days, shall be restricted to a maximum of 1 day per month (between the hours of 11.00am and 4.00pm).”

In support of the request the applicant provided additional information from noise consultants Renzo Tonin.

This modification request was refused at the Council meeting held on 24 July 2013.

Description of the site

The site is described as Lot 101 DP 1172182 (formally part of Lot 10 DP 849934) and is approximately 10 kilometres south of Bermagui (see Appendix 2 Locality Plan).

The site occupies an area of 24.6 hectares that is well vegetated with access through State Forest land via Murrah River Road. The site is described as hilly with a small ridgeline traversing the site in a north-south direction. The site retains a number of free standing structures including shipping containers that accommodate the storage needs of the Club.

Planning assessment

Section 96AB of the EP&A Act 1979 provides that an applicant may request Council to review a decision made under Section 96 of the Act.

In assessing a request for Review of Determination under Section 96AB of the EP&A Act 1979, the Council must consider the original Section 96 Application to Modify in accordance with the Matters for Consideration under Section 79C and 96 of the Environmental Planning and Assessment Act 1979.

Request for Review

In support of the request for review, the applicant proposes to reduce the number of training days from 12 down to 6 and has submitted the following;

“At the moment we shoot competition on the 4^th Sunday of every month, between the hours of 10am and 5 pm. We would like to have the extra day gazetted for every second Saturday, of every second month, (eg, Feb, April, June, August, Oct, Dec). Hours of shooting would be between 11am and 4pm. This would give our Club a total of 114 hours, out of a possible 8780 hours per year, in which we could gainfully use out range. It would also enable Four Winds to synchronize their events accordingly.”

Staff have previously highlighted the key issues of the proposal and a copy of the assessing officer’s original Section 79C assessment will be available at the meeting.

Issues

The key issue for Council is to reconsider its determination made on 24 July 2013 to refuse the Section 96 Application to Modify Condition 4 of development Consent 1999.1438.

The applicant, as part of their request to review the determination under Clause 96AB of the Environmental Planning and Assessment Act 1979, has suggested as a compromise to address the concerns of adjoining landowners a reduction in the number of training days from 12 per year to 6. The Club indicates it would like to have the training day approved for every second Saturday, of every second month, (being February, April, June, August, October and December) with the hours of the training days to be between 11am and 4pm.

The report of the Group Manager Planning and Environment to the meeting of 24 July 2013 recommended approval of the Section 96 Application to Modify. The assessment carried out was based on an additional 12 training days per year. A reduction in training days to 6 per year does not alter this assessment.

If Council is of a mind to reconsider and approve the request in accordance with the additional information submitted by the applicant, a draft consent is attached as Appendix 3 of this report.

conclusion

In accordance with the Council resolution of 24 July 2013, the Section 96 Application to Modify has been refused, and the refusal notice issued to the applicant.

The applicant has requested a review of determination under Section 96AB of the Environmental Planning and Assessment Act 1979.

Should Council resolve to approve the request upon review, a draft modified consent is attached as Appendix 3, including a condition restricting the number of training days to 6.

It is recommended that Council determine the review of determination in accordance with the information provided by the applicant and detailed in Appendix 1.

ATTACHMENTS

1 View. 1999.1438 Appendix 1 - Bermagui Branch NSW Field & Game review of determination request

2 View. 1999.1438 Appendix 2 - Locality plan

3 View. 1999.1438 Appendix 3 - Draft modified consent September 2013

Recommendation

1. That Council determine the Section 96AB review lodged by Bermagui Field and Game Inc for the refusal of the Section 96 Application to Modify condition 4 of Development Consent No 1999.1438.

2. That those persons who previously made submissions be advised of Council’s decision.

Council 4 September 2013 Item 10.1

10.1. Classification of Council land at Verona as operational land

This report requires the classification of Council land at Lot 11 DP735675 at Verona as operational land.

Group Manager Infrastructure, Waste & Water

Background

This matter was previously reported to Council on 16 August 2011 and 13 June 2006 and relates to the Brogo-Bermagui water supply system. Council agreed to acquire easements and land and negotiated compensation with affected owners.

Registration of the plan creating electricity easements finally occurred in early 2013.

The remaining action was to transfer to the Council, the land comprised in Lot 11 Deposited Plan 735675, in accordance with a deed of agreement between Council and Patrick and Vicky Hardy, dated 14 July 2006.

The registration of the transfer to the Council was effected on 26 July 2013 and the certificate of title issued.

All public land must be classified by council as either “Community” or “Operational” land in order to restrict the alienation and use of the land. “Operational” land has no special restrictions other than those that may apply to any piece of land.

ISSUES

Legal

Any public land that is acquired by or vested in council after 1 July 1993 may be classified by resolution of council. Land must be classified on its acquisition by council or within 3 months after it acquires the land under the Local Government Act section 31(2) If not, the land is automatically classified as community (s.31(2)) (below)..

LOCAL GOVERNMENT ACT 1993 - SECT 31
Classification of land acquired after 1 July 1993

31 Classification of land acquired after 1 July 1993

(1) This section applies to land that is acquired by a council after the commencement of this Division, other than:

(a) land to which the Crown Lands Act 1989 applied before the acquisition and continues to apply after the acquisition, and

(b) land that is acquired for the purpose of a road.

(2) Before a council acquires land, or within 3 months after it acquires land, a council may resolve (in accordance with this Part) that the land be classified as community land or operational land.

(2A) Any land acquired by a council that is not classified under subsection (2) is, at the end of the period of 3 months referred to in that subsection, taken to have been classified under a local environmental plan as community land.

(2B) While the land remains unclassified:

(a) the land may not be used for any purpose other than that for which it was being used immediately before it was acquired, and

(b) the council may not dispose of any interest in the land.

(3) A council must not resolve under this section that land be classified as operational land if:

(a) the land is classified as community land immediately before its acquisition, or

(b) the resolution would be inconsistent with any other Act, the terms of any trust applying to the land or the terms of any instrument executed by the donor or transferor of the land.

Conclusion

The acquisition of easements and land for the Brogo-Bermagui water supply system was originally resolved by Council in June 2006. The classification of the land, to operational, is required in accordance with the Local Government Act and will enable Council to deal with the land as necessary, without restriction.

ATTACHMENTS

Nil

Recommendation

That Council resolve under section 31(2) of the Local Government Act to classify the land at Lot 11 Deposited Plan 735675 at Verona as Operational land.

Council 4 September 2013 Item 10.3

10.3. Renew the Valley - economic and community development and opportunities with the creative industries sector

Following presentations in the local area by Renew Australia and enthusiasm for looking at a local program research, potential programs and costings have been investigated.

Acting General Manager

Background

Renew Australia is a national, not for profit company dedicated to working with local communities, companies, and creative people to seed strategies, skills and projects that will transform underutilised spaces in commercial precincts from liabilities to opportunities. Renew Australia incubates new ideas, creative experiments and opportunities that will enhance the lives of local communities by making them socially, cultural and economically richer. It works with communities and property owners to take otherwise empty shops, offices, commercial and public buildings and make them available to incubate short term use by artists, creative projects and community initiatives.

Renew Australia is based on the intellectual property, experience, and case study pioneered by Renew Newcastle. In 2008 Renew Newcastle was established as a low cost, low budget DIY urban renewal scheme that has proved highly successful and generated significant media and community interest locally, nationally and internationally. Through a simple strategy based on the temporary and low cost creative activation of some of the more than 150 empty buildings in the Newcastle CBD significant parts of Newcastle have been transformed. Less than two years later as the direct result of Renew Newcastle’s activities more than 70 new businesses and initiatives had been seeded and Newcastle was hailed by Lonely Planet as one of the top 10 cities in the world to visit in 2011 due to the exciting, eclectic creative community that had been seeded there.

Renew Australia provides fee for service based training, consultancy, research and other services to councils, state and federal government, economic development professionals, developers and property owners. It has been identified through consultation with Councils Cultural Planning Committee and staff expertise that the Bega Valley Shire would be an ideal community / economic mix for a successful model. The model of support that is recommended for the Bega Valley Shire has been outlined below.

Reboot and Renew training and support package

Renew Australia will work closely with your group to develop a strategy that suits your own community's needs.

Renew Australia can catalyse the project, provide mentorship, hold meetings with key stakeholders, train up your organisation and generally assist step-by- step by helping your organisation to put a local Renew scheme together.

This package is designed to support a local group, such as a traders association, a peak arts organisation, council or other stakeholder to undertake their own Renew-style scheme, run and operated by their existing staff.

Included in the price:

• A full local evaluation and report provided

* Complete training in the Renew model for key stakeholders

• Actively meeting local groups to get your first project off the ground

• Running the EOI process for project participants

• Meeting and pitching to property owners

• Promoting the call out for artists

• Insurance, compliance, legal and other issues

• Meet with property owners

It has been identified that a program would be successful to roll out shire wide, working with property owners who are supportive of the program particularly in Bermagui, Bega, Merimbula and Eden with possible options for smaller towns as well. Support in marketing / branding and promotion can be generated within Council to enable an identified project across the shire.

The cost of this model of support is an estimated $20,000 (plus travel costs)

ISSUES

Policy

Council is committed to supporting local business growth through its policies in the enterprising area.

Social / Cultural

The opportunity to implement a ‘Renew’ program within the Bega Valley is in alignment with opportunities raised within Council’s Cultural Issues Paper and subsequent Response Paper.

Economic

Potential outcomes will be identified for small local creative businesses or individuals, producers and others offering opportunity for a public outlet and support to grow their business model.

Consultation

It is proposed to hold a series of workshops with Business Chambers, property owners, real estate agents and an open forum with the shires creative and small producer industries during mid-September 2013.

Financial

A staged financial commitment will be required to cover consultants time from Renew Australia

The initial step is to hold stakeholder/industry consultation to assess the level of support and level of cooperation from property owners and creative and other industry sectors.

Council is not required to commit to a full figure contribution until full roll out of program.

Estimated costs on full delivery are $20,000.

Funding source		Amount
Salary savings from non filled staff including backfill behind the General Manager and in the education and information area expected to be $75,000	$	20,000

Resources (including staff)

There will be a level of support provided from the Community Engagement and Planning Coordinator, Business Growth Coordinator and South East Arts staff.

Operational Plan

Identified Strategic Actions that this program directly supports include:

L2.6.1 – Promote cultural profile of the shire through tourism, business and general promotions.

L2.6.2 – Facilitate the development of training and capacity building in the arts, cultural and heritage sectors.

E4.1.1 – Develop business growth plan that identifies and assists sectors which are futures focused and reflect shires values.

Conclusion

The opportunity provided by this initiative will assist grow small business, fill empty shops hopefully by early December and provide a basis for an ongoing program across the shire into the future.

ATTACHMENTS

Nil

Recommendation

That Council support the establishment of the Renew the Valley model funded by salary savings with the program to commence in September 2013.

Council 4 September 2013 Item 11.3

11.3. Water Allocation Payments to Sportsground Committees

Council currently pays an allowance to sportsground management committees to subsidise water usage charges. The area of sportsgrounds and the allowance calculation method have been reviewed and procedure of making payments has been revised.

Group Manager Infrastructure, Waste & Water

Background

The sportsground committees at George Brown Oval, Pambula Sports Complex, Berrambool Oval, Lawrence Park and Dickinson Park receive a maintenance allowance and a water allowance from Council. Both amounts are provided to assist the committees in the management and upkeep of the respective sportsgrounds. The committees also receive the generated income at each facility.

Council has previously received reports regarding water allocation payments to sportsground committees on 27 September 2011, 18 October 2011, 3 July 2012 and 31 October 2012. This review comes at the request of several sportsground management committees, due to concerns with the increasing cost of water usage.

The current approach to water allocations was introduced in 2007 to encourage the efficient use of water, with a view that if more water than the allowance was used, the difference would be met by the committee. If underspent, the balance would be allocated to maintenance and upkeep of the facility at the committees’ discretion.

Since the original payments were made, circumstances have changed at the sportsgrounds. These include: water access charges no longer being applied to Council properties (increasing funds available to those committees for maintenance), higher than average rainfall, the installation of irrigation systems and the rearrangement of water meters to reduce the sewer discharge factor and associated charges.

ISSUES

Asset

George Brown Oval, Pambula Sports Complex, Berrambool Oval, Lawrence Park and Dickinson Park have been reassessed and the area for future allocations will be based on the table below.

Social / Cultural

Community expectation is that playing surfaces are suitable and safe for user need. The level of service is to be defined in the Recreation Asset Management Plan

Economic

While the cost is considerable, maintaining these sites in playable condition is more cost-effective than allowing them to deteriorate, then attempting a restoration. The generosity of volunteers in managing and maintaining these facilities, using revenue collected from the hire of grounds/facilities, Council’s allocations and any grants, saves Council and the broader community paying wages or contractors to undertake those activities.

Financial

Table 1 - Current Information

Sporting Oval	Size of Ground	Current Water Allocation Paid	Average Consumption 2011/2013 KL/yr
George Brown Sporting Complex	1.50Ha	$4,282.00	3,112
Dickinson Park	1.51Ha	$2,408.00	2,424
Pambula Beach Sporting Complex	2.16 Ha	$9,145.50	8,998
Berrambool Sporting Complex	3.31Ha	$19,298.00	2,758
Lawrence Park	1.2 Ha	$5,002.00	5,335
		$40,135.50	22,627

Table 2 – Proposed Water Allocation –based on weighted average usage

Sporting Oval	Current average Kl/Ha = mm/m²	Proposed Kl/Ha = mm/m²	Proposed Water Allocation KL/PA	Proposed equivalent Water Allocation KL @ $2.43 2013/14
George Brown Sporting Complex	207mm	247mm	3,705	$9,003
Dickinson Park	160mm	247mm	3,730	$9,064
Pambula Beach Sporting Complex	417mm	247mm	5,335	$12,964
Berrambool Sporting Complex	121.6mm	247mm	8,175	$19,865
Lawrence Park	445mm	247mm	2,964	$7,202
			23,909	$58,098.00

The weighted average usage = 246.83mm adopt 247mm

Playing surface area (size m²) x 247mm per m² per annum

An assessment of recent annual water accounts has indicated that while committees have paid accounts up to the annual allowance amount, on occasions the maintenance allocation has been overspent in advance of the water account, leaving higher water accounts being left unpaid and causing stress to committees. In the main, Council has covered those accounts. It is proposed that additional funding be taken from existing Accessible-Sportsground operating expenses.

Conclusion

A number of factors have previously caused mixed results, with sportsground management committees receiving their water allocation. However, with a fixed formula for water allocation, a review of sporting field area and review of process, it is anticipated that the existing formula will adequately meet Council’s current allocation/payment for water accounts. Therefore it is considered appropriate to provide sportsgrounds with a fixed ‘free’ allocation of water, up to the volume indicated in the above table, with water used above this amount being charged to the sportsground committee.

Alternately, Councillors may wish to assign an annual maintenance allocation and Council meet the water accounts, noting the ‘tension’ of managing water appropriately and efficiently may be lost. That issue may be lessened by restricting irrigated use to early morning/late evenings or in advance of special events, in accord with the best practice water policy.

ATTACHMENTS

Nil

Recommendation

1. That Council allocate a fixed ‘free’ volume of water as per the table set out in this report and based on the weighted average usage over the past three years, at George Brown Oval, Pambula Sports Complex, Berrambool Oval, Lawrence Park and Dickinson Park2. Any requests for an increase above the allocated amount be supported with a Water Usage Plan endorsed by a professionally qualified expert in the maintenance of sporting fields.

Council 4 September 2013 Item 11.4

11.4. Sportsground and Recreational Facilities Improvement Fund - Project Allocations

The Recreation and Community Access Funding Committee recommends that funds be released from the Sportsground and Recreational Facilities Improvement Fund for identified projects, conditional on the approval of acceptable project plans.

Group Manager Infrastructure, Waste & Water

Background

The Recreation and Community Access Funding Committee (also known as the General Sportsground and Recreation Committee) met on 6 August 2013 and gave consideration to 18 project nominations received for funding round 1, 2013 of the Sportsgrounds and Recreational Facilities Improvement Fund (SRFIF).

The assessment panel sub-committee met on 10 July 2013 and prioritised the project nominations by rating each proposal against evaluation criteria, which is outlined in the SRFIF Guidelines. Details of the assessment panel’s project rankings have been provided to Councillors under confidential memorandum, in keeping with standard Council practice for funding requests.

At the Recreation and Community Access Funding Committee meeting on 6 August 2013, the Committee unanimously passed a recommendation to be put to Council, supporting the allocation of funding to the five highest ranked project proposals. The Committee also approved works to commence, conditional on the endorsement of an acceptable project plan by Council’s Group Manager Infrastructure, Waste and Water.

The Committee is keen to commence implementation of prioritised projects and demonstrate genuine improvements to the Shire’s sporting and recreational infrastructure.

This report seeks Council resolution to adopt the projects recommended by the Committee so that works may commence immediately, on endorsement of acceptable project plans.

ISSUES

Legal

Council’s requirements to follow relevant sections of the Local Government Act 1993, the NSW Work Health and Safety Act 2011 and relevant Council policies and procedures must be met before the Group Manager Infrastructure, Waste and Water can approve the project plans.

Environmental

The project plans, once finalised and endorsed by the Group Manager Infrastructure, Waste and Water, will meet the conditions of the Comprehensive Local Environment Plan 2013, including the submission of Development Applications where required and plans of management where relevant.

Asset

The project plans, once finalised and endorsed by the Group Manager Infrastructure, Waste and Water will meet Council’s requirements for works undertaken by Community Groups or Committees of Council on Council owned or managed assets.

Social / Cultural

The projects prioritised through the assessment panel process rated highly in meeting identified community priorities and other criteria as outlined in the SRFIF Guidelines.

Consultation

Due to legislative, policy and duty of care requirements, Council has developed a procedure for works undertaken by Community Groups and Committees of Council for projects at Council owned or managed sporting and recreation facilities.

The Committee noted the procedures required for preparation, assessment and undertaking of projects.

Financial

The total financial allocation being sought is $256,688.30 and is funded by the remaining revenue from the 2012/2013 special rate variation of $251,602, approved for improvements to the sporting and recreational facilities in the Shire. The difference will be funded from the 2013/2014 funding allocation.

Conclusion

The 18 project proposals received for funding round 1, 2013 of the Sportsground and Recreational Facilities Improvement Fund were considered and assessed against the funding criteria outlined in the SRFIF Guidelines. The five highest ranked projects were referred to the Recreation and Community Access Funding Committee at their meeting of 6 August 2013. The Committee recommended that the proposed allocation of funding to the five highest ranked projects be adopted by Council.

ATTACHMENTS

1 . Confidential memorandum to Councillors regarding Round 1, 2013 Project Funding Allocations under the Sportsground and Recreational Facilities Improvement Fund (Councillor Only) (Confidential)

Recommendation

1. That Council authorise expenditure to a maximum of $256,688.30 from the Sportsground and Recreation Facilities Improvement Fund towards the cost of the following five priority projects, conditional on the endorsement of an acceptable project plan by the Council’s Group Manager Infrastructure, Waste and Water.

[project names, locations and funding allocations to be inserted]

2. That Council note the procedures in relation to preparation, assessment and undertaking of projects considered by the Recreation and Community Access Funding Committee.

Council 4 September 2013 Item 12.1

12.1. Appointment of General Manager

The General Manager has notified Council of his resignation effective
6 September 2013. Council will need to conduct a transparent and fair recruitment process in accordance with the Local Government Act of 1993 using an external recruitment provider which will be appointed by an open and competitive tender process.

Acting General Manager

Background

The General Manager, Mr Peter Tegart informed the Mayor on Monday 5 August of his resignation providing notice from Friday 2 August 2013. The General Manager officially will cease his employment with the Bega Valley Shire Council as of Friday 6 September 2013.

In accordance with s334 of the Local Government Act 1993 (the Act) the only staff position that is appointed by the governing body of Council is that of the General Manager. It is recommended that Council engage an external recruitment provider to ensure that a transparent and fair process of selection is conducted.

The Mayor will assess the Position Description and make recommendations for any adjustments if they are required. The final position description will be provided to all Councillors for review prior to sending it out. This will include the salary package of $258,000 being offered to the successful candidate.

An open tender process has been commenced by Council involves 38 separate recruitment companies being contacted which have been previously assessed as competitive service providers to Local Government agencies. This process will be conducted in accordance with Councils procurement processes.

The request to the vendors of recruitment services will include a scope of services that are required for this process. This will include the advertising of the vacancy in the Melbourne, Sydney and Canberra newspaper publications and also with online providers including SEEK and LGA.

The recruitment provider will be responsible for working with Councillors on the shortlisting process of candidates. A decision by Councillors will need to be made if they are to form a selection panel of all Councillors or a nominated selection subpanel to conduct the interview process.

It is recommended in the Director General’s Guidelines under s23A of the Act that a selection panel should consist of at least of the Mayor, the Deputy Mayor, another Councillor and, ideally, a suitably qualified person independent of the Council (usually a representative of the engaged recruitment company). Any selection panel must have at least one male and one female member.

The selection panel will be responsible for creation of the selection process report which is confidential and is to be reported to a closed meeting of Council.

The Mayor makes the offer of employment after the governing body of Council has resolved to appoint the successful candidate. It is predicted that this process of selection and recruitment should be completed with the new General Manager commencing by the end of January 2014.

Policy

The recruitment provider and selection panel will be responsible for conducting the recruitment and selection process in accordance with the requirements of the Local Government Act 1993.

Financial

The total budget allocation for recruitment services is $30,000 to $40,000 indicative.

Funding source		Amount
Salary savings from GM vacancy and education and information manager role total amount expected to be $75,000	$	40,000

Conclusion

The recruitment and selection process for the appointment of a new General Manager requires the services of an external recruitment provider to ensure that a transparent and fair process is conducted.

ATTACHMENTS

Nil

Recommendation

1. That Council endorses staff to seek tenders from recruitment providers in accordance to Councils procurement processes.

2. That Council approves the expenditure to engage the successful tender provider.

3. That Council resolve the composition of the selection panel for the recruitment process.

Council 4 September 2013 Item 12.3

12.3. Adoption of Draft Communications Strategy

The Council’s Draft Communications Strategy has been exhibited and submissions have been received.

Acting General Manager

Background

Following the Mayoral Minute (9 October 2012) and the decision that Council prepare a communications strategy, the document (attached for Councillors) was drafted by the Communications Coordinator following workshops with Councillors and staff to address the gaps in our efforts to effectively inform and engage with the community.

The document has recently been exhibited and two submissions were received.

Preparing the strategy allowed us to focus on what we want our communications to achieve, and how this is best accomplished. Extensive research revealed that our past efforts were lacking in terms of providing clear and succinct information to the community, which results in confusion, misunderstanding and missed opportunities in terms of community engagement and feedback.

This strategy addresses our gaps in communications by identifying our weaknesses and providing in depth research on the needs of information consumers. Through this, a list of actions have been identified that see community needs leading to the fulfilment of organisational aspirations.

By understanding our community and what they want in terms of communications, we can effectively tailor our actions to the benefit of the community and Council.

SUBMISSIONS

Two submissions were received during the Communications Strategy exhibition period. Submissions were made in relation to concerns that Council had drafted a document that failed to focus on community engagement. It is noted, however, that the Communications Strategy contains in-depth discussion, findings and recommendations demonstrating how to improve the flow of two-way information between Council and the community. A further concern was raised regarding the strategy being developed without community and stakeholder consultation. This was intentional owing to the nature of stakeholders when it comes to communication. The shire has about 33,000 stakeholders, each with an individual view of communications and how it should be delivered. Developing a strategy in partnership with specific or chosen stakeholder/interest groups would result in the drafting of a document that represents only a portion of the community. We therefore opted to explore the personal nature of communications by looking in particular at the ways in which people respond to communication.

ISSUES

Legal

The Mayoral Minute stated our intention to pursue live streaming of Council meetings. Beyond technical issues in the current building, video streaming comes with privacy issues. It is suggested we fully investigate new Commonwealth privacy laws beginning March 2014. Live audio streaming is proposed as a viable alternative.

In proposing an increase to our social media presence, particularly the image based platforms, there is a risk of copyright laws being breached. Staff posting images on Council social media sites must be aware of who owns the rights to the image. Likewise, there is also a ‘risk’ of content we post on social media sites being used by others and the site owners. This ‘risk’ is, however, negligible because we only post public documents, images and links onto social media sites with the intention of our material being shared.

A small risk exists in the redesign of our Community Link page. In proposing a move to community stories and images we must ensure that all statutory requirements are met (listing of DAs etc). In that context, migration to the new online DA system will increase the ability of the community to access plans and submissions remotely, in turn potentially causing the names and claims of those making submissions to become public.

Policy

A review of Council’s Communications Policy and Procedures is currently underway, and moves have recently been made to improve links between the Communications and Community Engagement policies allowing for a better understanding of our informing and feedback mechanisms.

The community engagement policy and developed communication engagement procedure informed the extensive community engagement process conducted in the development of the community strategic plan over the period 2009 to 2012 the report of which is available on the Council’s website. The endeavour of that time was extensive with a matrix of tools utilised and it is timely to be reviewing that policy and procedure.

Strategic

Council adopted its Community Engagement Strategy with its Community Strategic Plan in 2010, which identified the basis of involving community by informing, educating, consulting and gaining feedback, utilising a range of tools such as online consultation (Bang the Table), community surveys, community forums, focus groups and events such as festivals, street stall BBQs, drawing sessions with children and targeted round table workshops. More recently, staff are working on a calendar of events approach to mapping out and synchronising consultation scheduled across the year. The new NSW Planning System also proposes alternate means of engaging community through strategy and policy work up front, rather than at DA stage.

Two common complaints involve a disenchanted community at odds with overly complex information and/or the feeling of isolation through not being informed of Council decisions.

Strategic directions proposed to address the above include the use of a ‘communications tree’ model that enables the breakdown of complex information into easily digested and conversational grabs ranging from executive summaries to simple image sharing via social media.

Other recommendations include the careful use of language to encourage an emotional response, the redesign of Council documents to promote minimal ideas per page, the reengagement of community through social and traditional media, and the integration of interactive elements and better navigation into Council’s website.

In considering the action phase of improving our communications we are in the process of exploring improved ways to deliver targeted information to the community.

Social / Cultural

Increasing our social media presence will lift community expectations. Once a social media site has been established as a place for news and discussion, it is up to Council to maintain effective management and content strategies that build on our following and satisfy our existing users. The recent photo competition and feedback on the Bike Strategy are examples of how enthusiastically the community can get involved through Facebook and social media.

An additional review was made available through a partnership with the University of Wollongong to address gaps identified in the community survey relating to Council’s tw way communication with the community. UniVative Regional is a free workplace skills competition where teams of students from all disciplines compete to solve a business problem or design solutions to improve business performance. The program is a University of Wollongong (UOW) initiative and is being delivered through each of the satellite campuses, including the Bega Education Centre.

This year the UOW has elected to focus on the local government sector and hence has been liaising with Council to develop a program for students to focus on in 2013.

The process involved the following steps:

1. Council developed and presented a ‘Problem Statement’ to the UOW.

2. Students nominated were selected as team members and compete against one another to research and develop the best business report.

3. Students conducted their research over a four week period in July.

4. Students wrote a formal business report on the problem statement and presented their report/recommendations to Council.

5. The team with the most conclusive report will be declared the winner – still to be finalised

6. Council will continue to liaise with the students to follow up and possibly implement the recommendations made in the report.

Outcomes:

The students who participated in the UniVative program conducted primary and secondary research into how Council could improve its Community Engagement with more effective methods of sharing information. As part of the presentation student made a number of recommendations which are outlined below:

1. Update Council’s website to be more user friendly – refer to Darwin City Council as an example.

2. Develop a SmartPhone App – refer to Tweed City Council as an example

3. Implement a system that would allow SMS Alerts to local residents

4. Implement a Suggestion Box concept in public areas such as the front counter or libraries with a form for follow up.

5. Consider publishing a Community Newsletter

6. Design and implement a Notice Board System in Littleton Gardens and other public areas across the Shire

7. Improve Council’s media presence.

8. Re-introduce the community barbeque concept

Council staff are developing a feedback presentation to the students and have discussed the implementation of a number of the recommendations including:

· Reintroducing community BBQs across the Shire on a quarterly basis

· Creating s suggestions box system in libraries linked to Councils Customer Records Management system

· A noticeboard proposal in the first instance this will be reported to Council for consideration for Littleton Gardens

· Reviewing Council’s website

The other options have been included for consideration in Council’s IT strategy review.

Financial

A number of resources are required to fulfil this strategy – they include a staff member (Cadet) recruited as per the Workforce Strategy. This position is a priority one in Council’s adopted program.

Additional resources required to implement the strategy involve an annual budget of $25,000 for website development, online tools and technology equipment. Planned opportunities for engagement are covered in Council’s adopted budget and are being refined.Resources (including staff)

The draft Strategy proposes engagement of a Digital Content Assistant to assist the creation and moderation of online and social media content. With enhanced emphasis on digital content and interactivity there will be a need for online resources to further develop tools to allow and improve engagement. While webcasting or podcasting equipment will be contemplated through ICT budget and detail design of the Bega Civic Centre, it is proposed smartphones or tablets be deployed among key supervisory or regulatory staff not only as mobile office tools (certifications, inspections, timesheets), but to activate CRMs received while in the field, and upload images on asset directories and social media to monitor quality of work, and publish works and projects as they happen - rather than delay until traditional media reports on them.

It is not expected that this position be a new position but a reallocation of a vacancy when considering staffing priorities. This will be separately reported to Council in 2014.

Conclusion

To change the way people think and respond upon receiving information from or about our organisation requires us to know our community and what they want in terms of communication. With this in mind we can match our actions as communicators to people and their needs. The actions outlined in this strategy will take us to the point where the things we say are heard, digested, responded to and shared. This allows us a point of entry into the emotions of people who come across information about Council. Provide short, simple and emotional information always with people in mind, and possibly we will see a change, for the better, in the way we are perceived.

Comprehensive findings and recommendations are listed in the strategy, but prioritised into six key actions required to get our communications back on track. These include:

· Information bloat to be addressed with a multi-point information tree model of descending information and ascending emotion.

· Move the BVSC website from Web 1.0 to Web 2.0 and prepare for future moves in line with internet user trends. Conduct a long-term review of website.

· Conduct a design review of all Council publication templates for purpose of bringing design elements up to date with current trends.

· Rework Community Link page to include balance between required information and community news. Link all stories to Council website.

· Internal communications recommendations to be investigated through a separate strategy document.

· Disengagement addressed through major adaptation of social media across multiple platforms. Also through involvement in feedback to traditional media.

A number of resources have been recommended as part of fulfilling this strategy. These include the recruitment of a Digital Content Assistant when a suitable vacancy becomes available and following subsequent report to Council; the availability of a digital communications budget allocated for ongoing structural and back-end alterations to the website for inclusion in the 2014/15 budget, proposed audio streaming of Council meetings, the purchase of technology equipment to facilitate improved communications.

A copy of the Bega Valley Shire Council Draft Communications Strategy has been provided to Councillors and will be published on Council’s web site when adopted.

ATTACHMENTS

Nil

Recommendation

That the Bega Valley Shire Council Draft Communications Strategy be adopted.

Council 4 September 2013 Item 12.4

12.4. Policy review

Council has commenced a review of organisational policies, procedures and supporting documents. This report pertains to the final stage of part one of the review process - policies

Acting General Manager

Background

Following the election of a new Council in September 2012 and the subsequent review of Council’s Community Strategic Plan (CSP), it is appropriate to review all organisational policy, procedures and supporting documents.

The review process consisted of the following stages:

· Design of a new policy framework to reflect the theme areas of the CSP (see attachment 1 – Policy Map).

· Review of currently approved policy by Managers.

· Review of currently approved policy by Councillors during Council workshops.

· Development of final draft policies for public exhibition (presented at Council meeting – 3 July)

· Public Exhibition of policy framework and policy statements

· Further review of policy statements by Councillors and Managers (based on submissions made during public exhibition)

At its meeting of 3 July, Council decided to place its draft policies on public exhibition for a period of 28 days.

Copies of the draft policy documents were viewable on Council’s website on the ‘Have your say – Public Exhibition’ page. Hard copies of the documents were also available at Council’s Zingel Place office in Bega, and at library outlets in Bega, Bermagui, Merimbula and Eden.

Members of the public were invited to provide their feedback by writing submissions to Council. Submissions were able to be provided in writing or on the www.begavalleyviews.2030 website.

Submissions closed on 1 August 2013, by which time only one was received. A summary of the feedback is available in Attachment 7 – Summary of submissions received.

The purpose of the feedback received [in the submission] was to seek to comment where it was believed that:

· There was specific need for improving the draft policy statement/settings; or

· There was a need for additional policy statement/settings to complement those already drafted.

Of particular note was a recurring theme from within the submission pertaining to:

· Benchmarking

· Identifying areas of improvement

· Measuring performance

· Operating within budgetary constraints

These matters will be addressed respectively in policy 5.18 – Integrated Planning and Reporting and its subsequent procedures or planning documents. A high percentage of the suggestions made in the submission will also be addressed at the procedural level and are not required for inclusion in policy.

ISSUES

Council’s policy framework has been completely reviewed to reflect the theme areas of the CSP; a Liveable Place, an Enterprising Place, a Sustainable Place, an Accessible Place, and a Leading Organisation. A copy of the revised policy framework is provided in Attachment 1 – Policy Map.

The content of each policy has been reviewed to reflect its scope and purpose as well as current legislative requirements that Council must comply with.

The full suite of policies being proposed for adoption:

· Liveable Place policies

· Enterprising Place policies

· Sustainable Place policies

· Accessible Place policies

· Leading Organisation policies

As part of the review process a centralised document control register will be established. This will facilitate document control, scheduling of future reviews, and quality record keeping.

Policy

The review will provide a streamlined policy structure which clearly articulates Council’s positions on key issues relevant to Bega Valley Shire residents, visitors and businesses. The review process will also ensure that Council is adhering with all relevant legislative requirements.

The policy review includes three proposed actions:

1. Revocation of a policy

2. Review of a policy

3. Creation of a new policy

As part of the review a total of 17 policies have been identified as redundant and will be recommended for revocation, see Attachment 3 – Summary of recommendations.

The new structure proposes a total of 56 reviewed or new policies for adoption. This figure is based on policies that were reviewed and maintained (34) and new policies (22).

Of particular note is policy 1.09 Cost of Living – Seniors. This policy requires further research regarding the feasibility of its implementation. It will be recommended that this policy not be adopted until further consideration is given to its suitability.

It is also important to note several key points:

· Content of some of the “revoked” policies will be incorporated as procedures sitting beneath the newly proposed policy structure.

· The “review” of a policy only consisted of changes to content – thus not changing the direction and purpose of the policy.

· A “new policy” includes any policy that was subject to a major review of content - thus changing the direction and purpose of the policy. During the mapping process gaps in policy were identified, new policies have been written to cover these gaps.

Strategic

The review and adoption of a streamlined policy structure will facilitate the consistent implementation of strategic plans across Council.

Consultation

Internal consultation was undertaken between managers, supervisors and staff to coordinate the initial review of policy. The review also involved consultation with Councillors by way of Council Workshop.

Members of the public were also given an opportunity to provide feedback on Council’s policies during the 28 day exhibition period (commenced 4 July 2013). During this time only one submission was received – Attachment 2 – Summary of submissions received.

The comments, feedback and observations provided in the submission have been considered by managers and Councillors. A written response outlining the actions to be taken by Council in response to the submission will be provided to the applicant.

Conclusion

The suite of policies is submitted to Council with the recommendation to adopt; with the exception of policy 1.09 Cost of Living – Senior’s which will be researched and considered further. Copies of Attachment 1 – BVSC Policy Map are submitted to Council with the recommendation to adopt.

ATTACHMENTS

1 View. Policy Map

2 View. Summary of submissions received

3 View. Summary of recommendations made to council

Recommendation

1. That Council revoke the policies listed below and that those policies listed for revocation be captured at the procedural level and incorporated under the relevant policy document:

Revoke policies:

· Social Planning

· Ageing and Disability

· Children’s Services

· Cultural Planning

· Library Services

· Gallery

· Major Projects

· Natural Heritage

· Environment Levy

· Liquid Trade Waste

· Signs

· Sewer Services

· Return to Work

· Grant Funding

· Media and Communications

· Occupational Health & Safety

2. That Council adopt the policies listed below:

Adopt ‘Liveable Place’ policies:

· 1.01 Health and Community Wellbeing

· 1.02 Inclusive communities

· 1.03 Arts and Culture

· 1.04 Community and Learning

· 1.05 Families and Children

· 1.06 Volunteers

· 1.07 Cemeteries

· 1.08 Cultural Diversity

Adopt ‘Enterprising Place’ policies:

· 2.01 Public Private Partnerships

· 2.02 Business Incentives

· 2.03 Festivals and Events

· 2.04 Tourism

· 2.05 Live, Work, Invest

· 2.06 Film and Video

· 2.07 Digital Economy

· 2.08 Traditional Industries

Adopt ‘Sustainable Place’ policies:

· 3.01 Development Administration

· 3.02 Lands under Council jurisdiction

· 3.03 On-Site Sewage Management

· 3.04 Environment Management

· 3.05 Public Regulation

· 3.06 Companion Animal Management

· 3.07 Enforcement and Compliance

· 3.08 Soil and Water Management

· 3.09 Weed Management

· 3.10 Environmental Sustainability for Council operations

· 3.11 Pesticide Use

· 3.12 Climate Change

· 3.13 Asbestos Management

· 3.14 Character and Amenity

Adopt ‘Accessible Place’ policies

· 4.01 Asset Management

· 4.02 Private Works

· 4.03 Public Reserve Management

· 4.04 Roads

· 4.05 Signage

· 4.06 Sewerage Services

· 4.07 Drinking Water Supply

· 4.08 Waste Services

Adopt ‘Leading Organisation’ policies

· 5.01 Governance

· 5.02 Behaviour of Councillor and Staff

· 5.03 Risk Management and Insurance

· 5.04 Conditions of Employment

· 5.05 Work Health & Safety

· 5.06 Financial Management

· 5.07 Investments

· 5.08 Procurement of Assets and Services

· 5.09 Information Technology

· 5.10 Communications

· 5.11 Records Management

· 5.12 Access to Information

· 5.13 Customer Service

· 5.14 Use of Company Seal

· 5.15 Request for Assistance

· 5.16 Interstate and Overseas Travel

· 5.17 Community Engagement

· 5.18 Integrated Planning and Reporting

Council	4 September 2013
*Item 12.4 - Attachment 3*	*Summary of recommendations made to council*

Policy Review 2013 – A Liveable Place
Revoked (6)
Old #	New #	Name	Comments	Recommendation (prior to public exhibition)	Final recommendation
3.1.1		Social Planning	- Social planning will become a procedure underneath policy 1.01 – Health & Community Wellbeing	Revoke Social Planning policy following public exhibition period.	Revoke Social Planning policy
3.1.3		Ageing and Disability	- Ageing and Disability will become a procedure underneath policy 1.01 – Health & Community Wellbeing.	Revoke Ageing and Disability policy following public exhibition period.	Revoke Ageing and Disability policy
3.1.4		Children’s Services	- Children’s Services has been renamed to 1.05 – Families and Children and now includes brighter futures and children’s services procedures.	Revoke Children’s Services policy following public exhibition period.	Revoke Children’s Services policy
3.2.1		Cultural Planning	- Cultural Planning will become a procedure underneath policy 1.08 – Cultural Diversity.	Revoke Cultural Planning policy following public exhibition period.	Revoke Cultural Planning policy
3.2.2		Library Services	- Library Services will become a procedure underneath policy 1.04 – Community Learning and Education	Revoke Library Services policy following public exhibition period.	Revoke Library Services policy
3.2.3		Regional Gallery	- Regional Gallery will become a procedure underneath policy 1.03 – Arts and Culture.	Revoke Gallery policy following public exhibition period.	Revoke Gallery policy
Reviewed (7)
Old #	New #	Name	Comments	Recommendation (prior to public exhibition)	Final recommendation
3.1.2	1.01	Health & Community Wellbeing	- Renumbered to align with new matrix. - Minor changes made to content	Place on public exhibition and subsequently adopt Health and Wellbeing policy	Adopt Health & Wellbeing policy
3.2.1	1.02	Inclusive Communities	- Major review of content undertaken to revise the scope and purpose of the social planning and ageing and disability policies.	Place on public exhibition and subsequently adopt Inclusive Communities policy	Adopt Inclusive Communities policy
3.2.3	1.03	Arts and Culture	- Major review of content undertaken to widen the scope of this policy to be more than just the Regional Gallery.	Place on public exhibition and subsequently adopt Arts and Culture policy	Adopt Arts and Culture policy
3.2.2	1.04	Community Learning and Education	- Major review of content undertaken to widen the scope of this policy to include partnerships with Educational Facilities/providers, as well as community education programs.	Place on public exhibition and subsequently adopt Community Learning and Education policy	Adopt Community Learning and Education policy
3.1.4	1.05	Families and Children	- Major review of content undertaken to ensure compliance with funding body requirements. Also to widen the scope to incorporate brighter futures and families.	Place on public exhibition and subsequently adopt Families and Children policy	Adopt Families and Children policy
4.3.3	1.07	Cemeteries	- Major review of content undertaken to widen scope and purpose of cemeteries policy.	Place on public exhibition and subsequently adopt Cemeteries policy	Adopt Cemeteries policy
3.2.1	1.08	Cultural Diversity	- Major review of content undertaken to incorporate Aboriginal communities as well as people from culturally and Linguistically Diverse (CALD) backgrounds.	Place on public exhibition and subsequently adopt Cultural Diversity policy	Adopt Cultural Diversity policy

Council	4 September 2013
*Item 12.4 - Attachment 3*	*Summary of recommendations made to council*

Policy Review 2013 – An Enterprising Place
Revoked (1)
2.1.2		Major Projects	- Individual policy not required. Recommended to revoke policy	Revoke Major Projects policy	Revoke Major Projects policy
Reviewed (2)
Old #	New #	Name	Comments	Recommendation (prior to public exhibition)	Final recommendation
1.3.5	2.01	Public Private Partnerships	- Renumbered to align with new matrix. - Minor changes made to content.	Place on public exhibition and subsequently adopt Public Private Partnerships policy	Adopt Public Private Partnerships policy
3.3.1	2.02	Business Incentives	- Renumbered to align with new matrix. - Minor changes made to content.	Place on public exhibition and subsequently adopt Business Incentives policy	Adopt Business Incentives policy
New (6)
Old #	New #	Name	Comments	Recommendation (prior to public exhibition)	Final Recommendation
	2.03	Festivals and Events	- New policy developed to establish clear and concise protocol for managing festivals and events held on public land in the Bega Valley Shire.	Place on public exhibition and subsequently adopt Festivals and Events policy	Adopt Festivals and Events policy
	2.04	Tourism	- New policy developed to promote tourism as an industry for the purpose of improving employment, economic, cultural, social and recreational opportunities in the community, whilst maintaining the lifestyle and protecting the natural environment.	Place on public exhibition and subsequently adopt Tourism policy	Adopt Tourism policy
	2.05	Live, Work, Invest	- New policy developed to position the Council and the local community to benefit from new and emerging industries and support existing and traditional industries to grow into the future enabling the region to be identified as one where business thrives and communities are empowered.	Place on public exhibition and subsequently adopt Live, Work, Invest policy	Adopt Live, Work, Invest policy
	2.06	Film and Video	- New policy developed to provide a Local Government protocol for filming within the Bega Valley Shire and to communicate to the wider community, the use of public and private lands whilst filming.	Place on public exhibition and subsequently adopt Film and Video policy	Adopt Film and Video policy
	2.08	Digital Economy	- New policy developed to communicate the Council’s support of this growing and emerging industry aims to transform the Bega Valley Shire into a competitive and enabling region where business thrives and communities are empowered.	Place on public exhibition and subsequently adopt Digital Economy policy	Adopt Digital Economy policy
	2.09	Traditional Industries	- New policy developed to position the Council and the local community to benefit from new and emerging industries and support existing and traditional industry to grow into the future enabling the region to be identified as one where business thrives and communities are empowered.	Place on public exhibition and subsequently adopt Traditional Industries	Adopt Traditional Industries policy

Council	4 September 2013
*Item 12.4 - Attachment 3*	*Summary of recommendations made to council*

Policy Review 2013 – A Sustainable Place
Revoked (2)
Old #	New #	Name	Comments	Recommendation (prior to public exhibition)	Final recommendation
4.2.1		Natural Heritage	- This policy has been revoked and now replaced by policy 3.04 – Environment Management	Revoke Natural Heritage policy	Revoke Natural Heritage policy
3.08		Environment Levy	- This policy was removed from the matrix at first draft. It will become a procedure sitting beneath 3.04 – Environment Management.	Revoke Environment Levy policy Include Environment Levy as a procedure beneath policy 3.04 – Environment Management	Revoke Environment Levy policy
Reviewed (6)
Old #	New #	Name	Comments	Recommendation (prior to public exhibition)	Final recommendation
4.1.1	3.01	Development Administration	- Renumbered to align with new matrix. - Name of policy changed to ‘Development Administration’ - Minor changes made to content.	Place on public exhibition and subsequently adopt Development Administration policy	Adopt Development Administration policy
4.1.2	3.02	Lands under Council Jurisdiction	- Renumbered to align with new matrix. - Minor changes made to content	Place on public exhibition and subsequently adopt Lands under Council Jurisdiction policy	Adopt Lands under Council jurisdiction policy
4.1.3	3.03	On-site Sewage Management	- Renumbered to align with new matrix. - Minor changes made to content.	Place on public exhibition and subsequently adopt On-site Sewage Management policy	Adopt On-site Sewage Management policy
4.3.1	3.05	Public Regulation	- Renumbered to align with new matrix. - Minor changes made to content.	Place on public exhibition and subsequently adopt Public Regulation policy	Adopt Public Regulation policy
4.3.2	3.06	Companion Animal Management	- Renumbered to align with new matrix.	Place on public exhibition and subsequently adopt Companion Animal Management policy	Adopt Companion Animal Management policy
4.3.4	3.07	Enforcement and Compliance	- Renumbered to align with new matrix. - Minor changes made to content.	Place on public exhibition and subsequently adopt Enforcement and Compliance policy	Adopt Enforcement and Compliance policy
New (8)
Old #	New #	Name	Comments	Recommendation (prior to public exhibition)	Final recommendation
	3.04	Environment Management	New policy developed to actively manage the Bega Valley Shire’s natural environment to maintain its quality and effectively manage environmental degradation, restore presently degraded areas and enhance biodiversity of species.	Place on public exhibition and subsequently adopt Environment Management policy	Adopt Environment Management policy
	3.08	Soil and Water management	New policy developed to reduce soil erosion and sedimentation in all catchments resulting from the disturbance of the soil surfaces and changes in the flow of water associated principally with building and construction works, changes in land use and urban development.	Place on public exhibition and subsequently adopt Soil and Water management policy	Adopt Soil and Water Management policy

Council	4 September 2013
*Item 12.4 - Attachment 3*	*Summary of recommendations made to council*

Policy Review 2013 – An Accessible Place
Revoked (4)
Old #	New #	Name	Comments	Recommendation (prior to public exhibition)	Final recommendation
3.16		Liquid Trade Waste	- This policy has been recommended to be revoked and will now become a procedure sitting beneath policy 4.06 – Sewerage Services	Revoke Liquid Trade Waste policy	Revoke Liquid Trade Waste policy
2.1.2		Major Works	- This policy is no longer required and has been recommended to be revoked.	Revoke Major Works policy	Revoke Major Works policy
2.2.2		Signs	- This policy has been completely reworked to simplify content. New policy has been developed called ‘Signage’ and is numbered 4.05	Revoke Signs policy	Revoke Signs policy
2.3.1		Sewer Services	- This policy has been completely reworked to simplify content and to now include Liquid Trade Waste. New policy is 4.06	Revoke Sewer Services policy	Revoke Sewer Services policy
Reviewed (4)
Old #	New #	Name	Comments	Recommendation (prior to public exhibition)	Final recommendation
2.1.1	4.01	Asset Management	- Renumbered to align with new matrix. - Minor changes made to content.	Place on public exhibition and subsequently adopt Asset Management policy	Adopt Asset Management policy
2.1.3	4.02	Private Works	- Renumbered to align with new matrix. - Minor changes made to content.	Place on public exhibition and subsequently adopt Private Works policy	Adopt Private Works policy
2.1.4	4.03	Public Reserve Management	- Renumbered to align with new matrix. - Minor changes made to content	Place on public exhibition and subsequently adopt Public Reserve Management policy	Adopt Public Reserve Management policy
2.2.1	4.04	Roads	- Renumbered to align with new matrix. - Minor changes made to content.	Place on public exhibition and subsequently adopt Roads policy	Adopt Roads policy
New (4)
Old #	New #	Name	Comments	Recommendation (prior to public exhibition)	Final recommendation
	4.05	Signage	A newly revised policy has been developed to replace the ‘Signs’ policy. New policy will clearly indicate how to manage signage for street names, directions to local businesses, sporting facilities, community attractions and beaches.	Place on public exhibition and subsequently adopt Signage policy	Adopt Signage policy
	4.06	Sewerage Services	The Sewer Services policy has been reviewed to provide safe and hygienic community sewerage services that minimise water wastage for all urban developments.	Place on public exhibition and subsequently adopt Sewerage Services (Inc. Liquid Trade Waste) policy	Adopt Sewerage Services policy
	4.07	Drinking Water Supply	This policy is new to Accessible Place - was moved across from the Sustainable Place theme area.	Place on public exhibition and subsequently adopt Drinking Water Supply policy	Adopt Drinking Water Supply

Council	4 September 2013
*Item 12.4 - Attachment 3*	*Summary of recommendations made to council*

Policy Review 2013 – A Leading Organisation
Revoked (4)
Old #	New #	Name	Comment	Recommendation (prior to public exhibition)	Final recommendation
1.2.3		Return to Work	- No need for individual policy - incorporate return to work into procedures sitting beneath policy 5.05 – Work Health & Safety	Revoke Return to Work policy	Revoke Return to Work policy
1.3.6		Grant Funding	- No need for individual policy - incorporate grant funding into procedures sitting beneath policy 5.15 – Requests for Assistance	Revoke Grant Funding policy	Revoke Grant Funding policy
1.4.2	5.10	Media & Communications	- Major review of policy undertaken to include social media and multi-media approach.	Revoke Media & Communications policy	Revoke Media and Communications policy
1.2.2	5.05	Occupational Health & Safety	- Major review of policy undertaken to reflect new Work Health & Safety Act and Regulation	Revoke Occupational Health & Safety policy	Revoke Occupational Health & Safety policy
Reviewed (15)
Old #	New #	Name	Comments	Recommendation (prior to public exhibition)	Final recommendation
1.1.1	5.01	Governance	- Renamed policy to ‘Governance’ - Renumbered to align with new matrix. - Minor changes made to content.	Place on public exhibition and subsequently adopt Governance Policy	Adopt Governance policy
1.1.2	5.02	Behaviour of Councillors and Staff	- Renumbered to align with new matrix. - Minor changes made to content	Place on public exhibition and subsequently adopt Behaviour of Councillors and Staff policy.	Adopt Behaviour of Councillors and Staff policy
1.1.5	5.03	Risk Management & Insurance	- Renumbered to align with new matrix. - Minor changes made to content.	Place on public exhibition and subsequently adopt Risk Management and Insurance policy.	Adopt Risk Management and Insurance policy
1.2.1	5.04	Conditions of Employment	- Renumbered to align with new matrix - Minor changes made to content	Place on public exhibition and subsequently adopt Human Resources policy	Adopt Conditions of Employment policy
1.3.1	5.06	Financial management	- Renamed policy to ‘Financial Management’ - Renumbered to align to new structure - Minor changes made to content	Place on public exhibition and subsequently adopt financial management policy	Adopt Financial Management policy
1.3.2	5.07	Investments	- Renumbered to align with new matrix - Minor changes made to content	Place on public exhibition and subsequently adopt Investments policy	Adopt Investments policy
1.3.3	5.08	Procurement of assets and services	- Renumbered to align with new matrix. - Minor changes made to content	Place on public exhibition and subsequently adopt Procurement of assets and services policy	Adopt Procurement of Assets and Services policy
1.4.1	5.09	Information Technology	- Renumbered to align with new matrix - Rename to ‘Information Technology’	Place on public exhibition and subsequently adopt Use of Information Technology policy	Adopt Information Technology policy

Council	4 September 2013
*Item 12.4 - Attachment 3*	*Summary of recommendations made to council*

Reviewed continued (15)
Old #	New #	Name	Comments	Recommendation (prior to public exhibition)	Final recommendation
1.4.3	5.11	Records Management	- Renumbered to align with new matrix - Minor changes made to content	Place on public exhibition and subsequently adopt Records Management policy	Adopt Records Management policy
1.4.4	5.12	Access to Information	- Renumbered to align with new matrix	Place on public exhibition and subsequently adopt Access to Information policy	Adopt Access to Information policy
1.4.5	5.13	Customer service	- Renamed to ‘Customer Service’ - Renumbered to align with new matrix - Minor changes made to content - Additional feedback received during Councillor Workshop on 21 August 2013. This policy needs to be more clearly integrated with Communication and Community Engagement policies by inserting a cross reference between the three documents.	Place on public exhibition and subsequently adopt Customer Service policy	Adopt the Customer Service policy pending amendments to document so that there is a clear cross reference the Communication and Community Engagement policies.
1.1.6	5.14	Use of Council Seal	- Renumber to align with new matrix	Place on public exhibition and subsequently adopt Use of Council Seal policy	Adopt Use of Council Seal policy
1.3.4	5.15	Requests for Assistance	- Renumbered to align with new matrix - Minor changes made to content - Will now include a procedure for Grant Funding.	Place on public exhibition and subsequently adopt Requests for Assistance policy	Adopt Request for Assistance policy
	5.16	Interstate and Overseas travel	- Renumbered to align with new matrix - Minor changes made to content	Place on public exhibition and subsequently adopt Interstate and Overseas travel policy	Adopt Interstate and Overseas travel policy
3.1.5	5.17	Community Engagement	- Renumbered to align with new matrix - Moved across from Liveable Place theme area - Minor changes made to content - Additional feedback received during Councillor Workshop on 21 August 2013. This policy needs to be more clearly integrated with Communication and Customer Service policies by inserting a cross reference between the three documents.	Place on public exhibition and subsequently adopt Community Engagement policy	Adopt the Community Engagement policy pending amendments to document so that there is a clear cross reference the Communication and Customer Service policies.

New (2)
Old #	New #	Name	Comments	Recommendation (prior to public exhibition)	Final recommendation
	1.06	Volunteering	- New policy developed supporting the management of volunteers in the shire. Minor changes suggested at Council Workshop 21 August 2013. Amend scope to cover volunteers within the Bega Valley Shire, not just Council	Place on public exhibition and subsequently adopt Volunteering policy	Adopt Volunteer policy
	1.09	Cost of Living - Seniors	- New policy developed outlining Council’s recognition of potential impacts of rates and charges on the liveability of pensioners residing on high valued properties who have limited access to income.	Place on public exhibition. Whilst on exhibition investigate further the feasibility of adopting such a policy.	Consider further the advantages and disadvantages of implementing this policy. Consider further review of policy and place on exhibition again – prior to making a decision to adopt of reject policy.

New continued (8)
Old #	New #	Name	Comments	Recommendation (prior to public exhibition)	Final recommendation
	3.09	Weed Management	New policy developed to manage noxious weeds in the shire	Place on public exhibition and subsequently adopt Weed Management policy	Adopt Weed Management policy
	3.10	Environmental Sustainability for Council operations	New policy developed to display strong leadership to the community through the implementation of sustainability initiatives by reducing the environmental impact of Council’s operations and activities.	Place on public exhibition and subsequently adopt Corporate Sustainability policy	Adopt Environmental Sustainability for Council operations policy
	3.11	Pesticide Use	New policy developed to minimise the environmental health impacts of pesticide use in the Bega Valley Shire and to inform the community of pesticide use so they can minimise any exposure.	Place on public exhibition and subsequently adopt Pesticide Use policy	Adopt Pesticide Use policy
	3.12	Climate Change	New policy developed to set direction on Council’s policy for reducing greenhouse gas (GHG) emissions throughout its operations and adapting to the unavoidable impacts of climate change.	Place on public exhibition and subsequently adopt Climate Change policy	Adopt Climate Change policy
	3.13	Asbestos Management	New policy developed to ensure the safe handling, removal and transport of materials containing asbestos and to promote community awareness of asbestos management.	Place on public exhibition and subsequently adopt Asbestos Management policy	Adopt Asbestos Management policy
	3.14	Character and Amenity	New policy developed to support the implementation of the Local Environment Plan (LEP) and Development Control Plan (DCP)	Place on public exhibition and subsequently adopt Character and Amenity policy	Adopt Character and Amenity policy

Council	4 September 2013
*Item 8.2 - Attachment 1*	*1999.1438 Appendix 1 - Bermagui Branch NSW Field & Game review of determination request*

Council	4 September 2013
*Item 8.2 - Attachment 2*	*1999.1438 Appendix 2 - Locality plan*

Council	4 September 2013
*Item 8.2 - Attachment 3*	*1999.1438 Appendix 3 - Draft modified consent September 2013*

Council	4 September 2013
*Item 11.1 - Attachment 1*	*Plan of the Pambula Bus Stop Relocation*

Council	4 September 2013
*Item 12.4 - Attachment 1*	*Policy Map*

Council	4 September 2013
*Item 12.4 - Attachment 2*	*Summary of submissions received*

New (3)
Old #	New #	Name	Comments	Recommendation (prior to public exhibition)	Final recommendation
1.2.2	5.05	Work Health & Safety	- New policy developed to reflect Work Health & Safety Act and Regulation	Place on public exhibition and subsequently adopt Work Health and Safety policy	Adopt Work Health & Safety policy
1.4.2	5.10	Communications	- Major review of content undertaken to reflect social and multimedia requirements. - Additional feedback received during Councillor Workshop on 21 August 2013. This policy needs to be more clearly integrated with Community Engagement and Customer Service policies by inserting a cross reference between the three documents.	Place on public exhibition and subsequently adopt Communications policy	Adopt the Communications policy pending amendments to document so that there is a clear cross reference the Community Engagement and Customer Service policies.
	5.18	Integrated Planning and Reporting	- Content based on IPR framework and guidelines provided by DLG	Place on public exhibition and subsequently adopt Integrated Planning & Reporting policy.	Adopt the Integrated Planning and Reporting policy