Ordinary

MEETING NOTICE AND AGENDA

An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Bega on Wednesday, 5 March 2014 commencing at 2.00 pm to consider and resolve on the matters set out in the attached Agenda.

Leanne Barnes

General Manager

 

 

26 February 2014

 

TO:

Cr Bill Taylor, Mayor

Cr Russell Fitzpatrick, Deputy Mayor

Cr Tony Allen

Cr Michael Britten

Cr Keith Hughes

Cr Ann Mawhinney

Cr Kristy McBain

Cr Liz Seckold

Cr Sharon Tapscott

COPY:

Acting General Manager, Mr Andrew Woodley

Group Manager Infrastructure, Waste and Water, Mr Wayne Sartori

Acting Group Manager Community and Relationships, Mr Simon Schweitzer

Business and Technology Manager, Mr Lucas Scarpin

Workforce and Administration, Manager
Ms Nina Churchward

Minute Secretary Tamara Whiting

 

 

 


PUBLISHING OF AGENDAS AND MINUTES

The Agendas for Council Meetings and Council Reports for each meeting are available from 5.00 pm one week prior to each Ordinary Meeting, on Council’s website.  A hard copy is also made available to each Library Branch and at the Bega Administration Building reception desk.

The Minutes of Committee and Council Meetings are available from 5.00pm on Council's Web Site on the Friday after the Meeting on Councils website and hard copies distributed with the Agenda for the following meeting.

1.      Please be aware that the recommendations in the Council Meeting Agenda are recommendations to the Council for consideration.  They are not the resolutions (decisions) of Council.

2.      Background for reports is provided by staff to the General Manager for his presentation to Council.

3.      The Council may adopt these recommendations, amend the recommendations, determine a completely different course of action, or it may decline to pursue any course of action.

4.      The decision of the Council becomes the resolution of the Council, and is recorded in the Minutes of that meeting.

5.      The Minutes of each Council meeting are published in draft format, and are confirmed, with amendments by Councillors if necessary, at the next available Council Meeting.

If you require any further information or clarification regarding a report to Counci, please contact Council’s Executive Assistant who can provide you with the appropriate contact details

         Phone (6499 2104) or email execassist@begavalley.nsw.gov.au.


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                                                                                                                5 March 2014

 

AGENDA

Acknowledgement of Traditional Owners of Bega Valley Shire

 

1     Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 12 February 2014 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 – Sustainability (Planning and Environment)

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

8.1              Draft Asbestos Procedure............................................................................... 9

8.2              Proposed Zoning of Stage 13 Mirador Estate under Bega Valley Local Environmental Plan 2013                                                                                                                     77

8.3              Amendment to Planning Proposal for Kalaru Racecourse................................ 93

9     Staff Reports – Liveability (Community and Relationships)

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

9.1              Senior of the Year 2014............................................................................... 100

9.2              Young Women's Scholarship 2014............................................................... 102

9.3              Festival of the Face..................................................................................... 104

10   Staff Reports – Enterprising (Economic)

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

Nil Reports

11   Staff Reports – Accessibility (Infrastructure Waste and Water)

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 5 February 2014....................... 108

12   Staff Reports – Leading Organisation Governance and Strategy)

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

Nil Reports .

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

Crs Fitzpatrick, Allen and Britten

That the resolution made by Council on Item 8.2 on 12 February 2014 to rezone Lots 33 and 34 to residential R5 be rescinded and that the matter be re-listed before a full sitting of all Councillors for further determination as to the rezoning of these lots for exhibition.

16   Notices of Motion

 Cr Britten

That Council resolve to rezone Lots 33 and 34 DP243029 Tura Beach Drive, Tura Beach to a B5 Business Development Zone.

17   Urgent Business

 

18   Questions On Notice

 Cr Hughes  

1.    What DA consents would be required if the existing woodchip operations south of Twofold Bay were to be configured to export magnetite ore from the Nowa Nowa region of Victoria as per recent media reports?

 

2.    How might DA consent requirements contrast if magnetite exports were to replace rather than be additional to existing woodchip operations?

 

3.      Would a significant alteration to the electric fence trigger the need for an application to modify the consent originally granted for that structure?

 

4.      Has the woodchip mill sought a modification of the consent previously granted to erect an electric fence?

 

The question was taken on notice by the Group Manager Planning and Environment and was answered via email to Councillors.

 

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                                                                                                                5 March 2014

 

 

staff reports – Sustainability (PLANNING AND ENVIRONMENT)

 

5 March 2014

In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Councillor Britten.  

8.1              Draft Asbestos Procedure................................................................................. 9

8.2              Proposed Zoning of Stage 13 Mirador Estate under Bega Valley Local Environmental Plan 2013.......................................................................................................... 77

8.3              Amendment to Planning Proposal for Kalaru Racecourse...................... 93


Council 5 March 2014                                                                                           Item 8.1

 

8.1.         Draft Asbestos Procedure     

 

Draft Asbestos Procedure for public exhibition and adoption by Council.

 

Group Manager Planning & Environment   

 

Background

In November 2012, the Division of Local Government (DLG) issued a circular to all councils within NSW. The circular required all councils to prepare and adopt an asbestos procedure. The purpose of this procedure is to enable Council to fulfil its legislative obligations in regard to asbestos management and to outline Council’s commitment and responsibilities in relation to safely managing asbestos.

The following is a list of legislation for which Council has regulatory responsibilities relating to asbestos:

·      Australian Standard AS 2601 – 2001: The demolition of structures

·      Contaminated Land Management Act 1997

·      Environmental Planning and Assessment Act 1979

·      Environmental Planning and Assessment Regulation 2000

·      Local Government Act 1993

·      Protection of the Environment Operations Act 1997

·      Protection of the Environment Operations (General) Regulation 2009

·      Protection of the Environment Operations (Waste) Regulation 2005

·      State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

·      State Environmental Planning Policy No. 55 – Remediation of Land.

The draft asbestos procedure has been based on the Model Asbestos Procedure as provided to Council by the DLG. The Model Procedure has been adapted to incorporate site and Council specific information.

ISSUES

Consultation

The draft procedure is proposed to be advertised to encourage feedback from the community.

If there are submissions received, a further report will be submitted to Council to enable adoption of the procedure. If no submissions are received, it is proposed that the draft procedure be adopted as drafted.

Financial

There will be no new financial impacts following the adoption of the procedure.

Resources (including staff)

Existing staff will be utilised to implement the procedure.

Conclusion

The adoption of an asbestos procedure will enable Council to satisfy the requirements as set by the DLG. The procedure will provide a greater degree of certainty for Council staff and provide greater community awareness in relation to asbestos management matters within the Bega Valley Shire.

 

ATTACHMENTS

1View. Draft Asbestos Procedure

 

Recommendation

1.       That the draft Asbestos Procedure be placed on public exhibition for a period of 60 days.

2.       That following the exhibition period if submissions are received, an additional report will be tabled and submitted to Council for consideration. In the event that no submissions are received the procedure will be adopted as drafted.

 


Council

5 March 2014

Item 8.1 - Attachment 1

Draft Asbestos Procedure

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

5 March 2014

Item 8.1 - Attachment 1

Draft Asbestos Procedure

 


Council

5 March 2014

Item 8.1 - Attachment 1

Draft Asbestos Procedure

 


Council 5 March 2014                                                                                           Item 8.2

 

8.2.         Proposed Zoning of Stage 13 Mirador Estate under Bega Valley Local Environmental Plan 2013     

 

In accordance with the Council resolution of 12 June 2012 a report is submitted on the proposed zoning of Stage 13 Mirador Estate Mirador, under Bega Valley Local Environmental Plan 2013.

 

Group Manager Planning & Environment   

 

Background

Stage 13 of Mirador Estate is currently undeveloped and part of a larger parcel of land described as Lot 338 DP 1124839. In draft Bega Valley Local Environmental Plan 2010 (draft BVLEP 2010) Stage 13 was proposed to be zoned R2 Low Density Residential with a 2,000m2 minimum lot size.

During the exhibition of draft BVLEP 2010, Council received a submission from the owner requesting the land be zoned R3 Medium Density Residential with a minimum lot size of 450m2.

Council at its meeting held on 12 June 2012 gave consideration to the staff report on the draft BVLEP 2010 and resolved to defer any decision on the Stage 13 land. The land was deferred from BVLEP 2013 and included in Appendix 3 pending a review of the feasibility of town sewerage for Stage 13 in the overall context of the master plan for Mirador, with a further report to be submitted to Council following the review.

The zoning of the land under BVLEP 2002, being Residential 2(a) with a minimum lot size of 2,000m2, prevails for the Stage 13 land whilst the land is a deferred matter under BVLEP 2013.

History of Stage 13 Mirador Estates

Development Consent was issued on 27 October 1989 for the subdivision of Lot 82 DP 739561 and Portion 123, Parish of Pambula, located at Upper Berrambool for a 275 lot residential subdivision in stages.

The consent has been subject to a number of modifications since 1989 and the number of approved lots is now 325.

Stage 13 of the consent includes 33 residential lots, with a minimum area of 2,000m2.

The approval was based on a minimum lot size of 2,000m2 as prescribed in Bega Valley Local Environmental Plan 1987. Stage 13 has not been developed to date.

Current Status under Bega Valley Local Environmental Plan 2002

The land is currently zoned Residential 2(a) under the Plan with a minimum lot size of 2,000m2.

Exhibited zoning under draft bvlep 2010

The land was exhibited as R2 Low Density Residential with a minimum lot size of 2,000m2.

The exhibited zone was considered to be equivalent to the zoning under BVLEP 2002.

Details of submission lodged during exhibition period of draft bvlep 2010

The submission requests that the land be zoned R3 Medium Density Residential with a minimum lot size of 450m2.

In support of the request the following was submitted:

“It is requested that R3 zoning be considered for Stage 13 for the following reasons:

          1. Infrastructure for Stage 14 and in particular Stage 3, is already in place with Mirador Drive providing good access. Medium density development is well suited to precincts within the Estate which are serviced by existing infrastructure and have easy access to the Estate’s main Road.

          2. The R3 zone allows for improved housing choice and flexibility. The demographic profile of the area will continue to change over the next 20 years as the population continues to age. The Structure Report indicates this trend - the dwelling occupancy ratio is projected to drop to 2.3 persons per dwelling…..in the order of 50% of the in-migration will likely be of persons over 50 (page 16).”

          3. The R3 zoning allows for a greater variety of accommodation types while R2 zoning tends to restrict housing typologies.

The R3 zone provides a greater degree of development flexibility than the standard R2 zoning. Dwelling types which are possible in an R3 zone, but prohibited in an R2 zone, include:

·     Terraces or townhouse

·     Secondary dwellings or ‘Granny Flats’

·     Stratum titled studio housing

·     Cottage lot detached dwellings

·     Zero lot detached dwellings

·     Triplexes and ‘Manor Homes’

(Housing typologies mentioned above are taken from: Landcom (2009) ‘Housing Diversity Guide’)

LEP 2010 generally couples proposed R3 zoning with a minimum lot size control of 1,000m2 across the LGA. We are of the opinion that R3 zoning is suited to Mirador Estate but a minimum lot size of 1,000m2 is not appropriate within this particular context. Mirador is a unique precinct within the LGA, being one of 2 areas zoned for urban use that largely remain undeveloped. Coupling a smaller minimum lot size with R3 zoning provides the opportunity for:

·     a more diverse mix of housing types;

·     more affordable housing; and

·     retaining the possibility for tourist-oriented development in the seaside Estate.

The proposed coupling of R3 and 450m2 allows for a range of developers to consider development from owner-builders to larger developers. Large minimum lot size provisions give rise to concerns regarding affordability in this particular location and constrain possible built form outcomes in the precinct. As mentioned previously, a minimum lot size of 450m2 allows for a greater flexibility in the potential housing types for the area. It is not expected that development of medium density housing types conducive to lots in excess of 1,000m2 would be suitable for the Estate except in strategic and discrete locations. To achieve a robust mix of lot types during master planning which may facilitate housing diversity, a range of lot sizes from small to large should be possible. For that reason, the provision of smaller minimum lot sizes with the R3 zone would facilitate rather than hinder desired planning outcomes specific to Mirador that allows a diversity of uses with a low to medium density character.”

The full submission is included as Attachment 1 to this report.

Staff recommendation to council meeting 12 june 2012

The request for an R3 zoning with a 450m2 lot sizing was assessed by staff with the following recommendation to the Council meeting of 12 June 2012.

“Due to the uncertainties surrounding the provision of town sewerage to the area adjoining High Crescent (Stage 13) the request to reduce lot size below 2,000m2 cannot be supported.”

Review of zoning option Stage 13 Mirador

In accordance with the Council resolution of 12 June 2012, the request for a R3 zone with a 450m2 minimum lot size has been reviewed.

Integral to the review is the ability of the land to be serviced with a reticulated sewage system.

The original restriction of 2,000m2 dating back to pre-1987 was imposed due to issues around servicing. Accordingly a minimum of 2,000m2 per lot would allow for On-site Sewage Management.

The issue of servicing has been further investigated by Council’s Infrastructure Section with the following advice received:

“Further investigation has indicated that Stage 13 could be serviced with reticulated sewer. However any subdivision lot yield would be dependent on a sewer servicing strategy being prepared which considered not only Stage 13, but the impact on the Mirador Subdivision as a whole.”

Based on this advice the land could be serviced and therefore the 2,000m2 restriction is able to be reviewed.

The applicant has requested a R3 zone with a 450m2 lot size. Council’s adopted minimum lot size for the R3 zone is 1,000m2. The rationale for the 1,000m2 limit is to provide sufficient area for medium density residential development to be carried out. The 1,000m2 limit has been resolved by Council for all R3 land in the Bega Valley and is included as a statutory requirement in BVLEP 2013.

Council has broadly adopted a 550m2 minimum lot size for the R2 zone across the Shire. The R2 zone would allow a single dwelling house or dual occupancy development on each lot.

As part of the submission an indicative subdivision layout plan has been submitted with a lot yield of up to 116 lots varying in size from 560m2 to 900m2. The potential lot yield of 116 is substantially higher than the approved 33 lots.

This raises environmental planning issues including:

·     access arrangements

·     bushfire

·     threatened species

which would need to be addressed as part of any consideration by Council of future zoning and lot sizing.

Conclusion

Stage 13 Mirador Estate, Mirador was identified as an R2 Low Density Residential Zone with a minimum 2,000m2 lot size under draft BVLEP 2010.

Council received a submission during the exhibition of the draft Plan requesting a R3 Medium Density Residential Zone with a 450m2 minimum lot size.

Council at its meeting held on 12 June 2012 gave consideration to a staff report on the draft Plan and resolved to include Stage 13 in Appendix 3 with Council staff to further review the owner’s submission and report back to Council.

The land included in Stage 13 is identified as a “deferred matter” under BVLEP 2013.

The current zoning is 2(a) Residential Low Density under BVLEP 2002 with a 2,000m2 minimum lot size.

Further investigation has revealed that Stage 13 could be serviced with reticulated sewer; however a detailed servicing strategy is required to be carried out. This would determine capacity of the existing system and number of lots capable of being serviced.

Subject to the servicing strategy and other planning considerations such as access arrangements, bushfire and threatened species assessment, a R2 zone with a 550m2 minimum lot size and/or R3 with a 1,000m2 minimum lot size may be appropriate.

It is recommended that Council advise the owner of the land that Council is prepared to consider low to medium density residential development subject to a detailed Planning Proposal being prepared which includes the following:

·        a servicing strategy for Mirador Estate

·        access arrangements, including emergency access

·        bushfire assessment

·        threatened species assessment

·        a minimum lot size of 1,000m2 for any proposed R3 zoning.

Further that the Planning Proposal be submitted for Council’s consideration.

 

ATTACHMENTS

1View. Owner's Submission on Zoning for Stage 13 Mirador Estate

 

Recommendation

Council advise the owner of Stage 13 Mirador Estate, Mirador:

1.       That Council is prepared to consider a R2 Low Density Residential zoning with a 550m2 minimum lot size or a R3 Medium Density Residential zoning with a 1,000m2 minimum lot size for the land, or a combination of both.

2.       That a Planning Proposal must be prepared for the land addressing all relevant planning matters including:

·        a servicing strategy for the Mirador Estate subdivision

·        bushfire assessment

·        access arrangements, including emergency access

·        threatened species assessment.

3.       That once completed, the Planning Proposal be submitted for Council’s consideration.

 

 


Council

5 March 2014

Item 8.2 - Attachment 1

Owner's Submission on Zoning for Stage 13 Mirador Estate

 


 


 


 


 


 


 


 


 


 


Council 5 March 2014                                                                                           Item 8.3

 

8.3.         Amendment to Planning Proposal for Kalaru Racecourse     

 

In accordance with the Council resolution of 12 February 2014, a further report on the amendment to the Planning Proposal for Kalaru Racecourse is submitted for Council’s consideration.

 

 

Group Manager Planning & Environment   

 

background

Lot 2 DP 1082841 Sapphire Coast Drive, Wallagoot is owned by the Sapphire Coast Turf Club Incorporated (Turf Club). In Draft Bega Valley Local Environmental Plan 2010 (Draft BVLEP 2010) the whole of the property was proposed to be zoned RE2 Private Recreation. The Turf Club made a submission to Draft BVLEP 2010 with regard to an undetermined Development Application for an industrial subdivision on part of the land.

Following the exhibition of Draft BVLEP 2010, Council issued development consent for the subdivision of the property into 22 allotments for industrial uses and a residue allotment containing the existing racecourse and a wildlife corridor. On consideration of the submission to Draft BVLEP 2010 and the recent industrial subdivision approval, Council resolved to defer the matter from Bega Valley Local Environmental Plan 2013 and place it in Appendix 2 to enable the land subject to the development consent to be zoned IN1 General Industrial, with the remainder of the property to be zoned RE2 Private Recreation.

Council staff subsequently prepared a planning proposal for the Kalaru Racecourse and lodged it with the Department of Planning and Infrastructure’s “Gateway Panel”. The aim of the planning proposal was to regularise the zoning associated with the subdivision approval in accordance with the Appendix 2 Council resolution.

One of the requirements of the Department of Planning and Infrastructure’s “Gateway Determination” was that Council consult with the NSW Rural Fire Service and the Office of Environment and Heritage (OEH) under section 56(2)(d) of the Environment Planning and Assessment Act 1979 (EP&A Act). This consultation has now been completed and although the NSW Rural Fire Service raised no concerns or issues in relation to the planning proposal, OEH raised concerns regarding threatened species conservation.

OEH provided advice to Council that:

Overall OEH does not support the proposed combinations of zonings, as they do not provide adequate security from the further development of the remnant native vegetation and known threatened species habitat.”

OEH suggested applying the E2 Environmental Conservation zone to those areas of native vegetation outside the existing developed racecourse facilities that are not proposed to be zoned IN1 General Industrial. This would ensure sufficient protection of the remaining threatened species habitat, offset the loss of habitat and hollow bearing trees from the approved industrial subdivision and minimise the impacts of future subdivision.

Following OEH’s written response, the matter was discussed with OEH and representatives of the Turf Club and a revised zoning plan for the property proposed by Council staff.

The revised plan proposed that the part of the land not covered by the existing racecourse facilities or proposed for IN1 General Industrial zoning be zoned E2 Environmental Conservation, with the exception of the land on the south-western boundary of the property which is proposed to be zoned RE2 Private Recreation.

The Turf Club agreed to the E2 zoning proposed for the property with the exception of the 100m wide corridor adjacent to Sapphire Coast Drive which the club prefers to be zoned RE2 to protect future development opportunities.

The revised zoning plan (as proposed by staff and shown in Attachment 1) would ensure that the majority of the remaining land is zoned for environmental conservation, including the sensitive land adjacent to Penuca Swamp, the designated wildlife corridor within the industrial subdivision and a 100m wide vegetation corridor along Sapphire Coast Drive to ensure east-west connectivity. It also ensures that adequate vacant land (approximately 6ha) is zoned to accommodate any future expansion of activities and infrastructure associated with the Turf Club, as well as inclusion of the existing waste water treatment facilities.

This revised zoning plan was presented to the Council meeting on 27 November 2013 with the following staff recommendation:

That Council resolve to amend the planning proposal for Kalaru Racecourse in accordance with the plan attached to the report and submit the revised planning proposal to the Minister of Planning to seek an amended Gateway Determination.

Council resolved to defer the matter pending a further report to Council.

In accordance with the Council resolution, a further report was submitted to the Council meeting held on 22 January 2014 with the following staff recommendation:

That Council resolve to amend the planning proposal for Kalaru Racecourse in accordance with the plan in Attachment 3 to the report and submit the revised planning proposal to the Minister of Planning to seek an amended Gateway Determination.

There was no resolution by Council and the matter of the amendment to the Planning Proposal remains unresolved with staff unable to proceed any further with the matter.

Council resolution of 12 february 2014

Council at its meeting of 12 February 2014 gave consideration to a Notice of Motion regarding the amendment to the Planning Proposal for Kalaru Racecourse and resolved the following:

That the Amendment to the planning proposal for the Kalaru Racecourse and its zonings be further reported to Council as soon as possible for a resolution of this deferred matter and that the further report includes explanations for Councillors of all the implications that necessitate the matter being resolved.

Importance of the Kalaru racecourse rezoning

As part of the consideration of all submissions received during the exhibition period of the draft BVLEP 2010 a number of workshops were held with Councillors and Planning staff. It was during these workshops that the issue of the availability and adequacy of industrial land in the Shire was raised.

In recognition of this concern Council, as part of the resolution at its meeting on 12 June 2012 on the draft BVLEP 2010, resolved the following:

            That Council undertake further investigations into potential industrial sites in the Bega Valley Shire for the longer term noting that the draft Comprehensive Local Environmental Plan has already identified additional industrial land in the short to medium term in Bega (south) and Kalaru.

The Planning Proposal for Kalaru Racecourse would result in approximately 8.5ha of land approved for the industrial subdivision being zoned IN1 General Industrial.

The Planning Proposal was prepared as a priority to ensure that this industrial land would be available in the shortest possible time in accordance with the Council resolution.

The Planning Proposal process will take 6-9 months to complete following a resolution as sought by this report to Council. It is important that a position is resolved by Council to enable the rezoning to proceed to enable this important employment generating land to be available for industrial development purposes.

Conclusion

The amendment to the Planning Proposal for Kalaru Racecourse has been presented to Council on two previous occasions without a final position being resolved.

The Planning Proposal includes zoning a section of the land for industrial purposes.

The issue of contention is the zoning of a section of land along Shady Lane, adjacent to Sapphire Coast Drive, which staff are recommending be zoned E2 Environmental Conservation, whilst the Turf Club has requested it be zoned RE2 Private Recreation to protect future development opportunities.

 

ATTACHMENTS

1View. Recommended amendment to the planning proposal

 

Recommendation

1.         That Council determine the proposed amendment to the planning proposal for Kalaru Racecourse.

 


Council

5 March 2014

Item 8.3 - Attachment 1

Recommended amendment to the planning proposal

 

 

 


 

staff reports – LivEability (community and relationships)

 

5 March 2014

In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Councillor Seckold.  

9.1              Senior of the Year 2014............................................................................... 100

9.2              Young Women's Scholarship 2014........................................................... 102

9.3              Festival of the Face....................................................................................... 104


Council 5 March 2014                                                                                           Item 9.1

 

9.1.         Senior of the Year 2014     

 

Nominations have been received for Council’s Senior of the Year Award.

 

 

Group Manager Planning & Environment   

 

Background

Bega Valley Shire Council presents an annual award of Senior of the Year as part of Seniors Week celebrations. The Award is to be presented by the Mayor at Council’s annual Seniors Luncheon, the ‘Golden Gig’, on Thursday 20th March 2014.

The award recognises the contribution of an outstanding older person in recognition of their services to the community.

A public notice was placed in the local media and letters calling for nominations were sent to all appropriate Bega Valley Shire organisations. It was promoted by media releases for 4 weeks and on Council’s website. Nominations closed on 24th January 2014.

 

In order to recognise the contributions the nominees have made to their communities, we are inviting all nominees to attend the Golden Gig. Here they will all be acknowledged as seniors who make a significant contribution to the Bega Valley Shire. The winner of the award will be announced at the event.

ISSUES

Social / Cultural

The Senior of the Year Award recognises the significant and valuable contribution that older people make to the community of the Bega Valley. Initiatives like the Award and the Golden Gig actively engage a broad range of older people, promoting community connectedness and reducing social isolation.

Financial

All costs associated with the Seniors Week Award are covered in Council’s Community Services Budget. There is no further financial impact on Council.

Resources (including staff)

Staff resources involved in the administration of the Seniors Week Award fall within the Community Services section of Council and are considered as part of staff’s annual work planning. There are no additional resources required.

Operational Plan

Seniors Week Awards and the Golden Gig support Council’s Key Direction L4 - Opportunities provided for all stages of life.

Conclusion

The Senior of the Year Award is an important way for Council to recognise the role older people play in our community. All the nominees have contributed significantly to their communities and would each be worthy recipients of the Award.  In order to ensure the confidentiality of the nominees, the nominations are summarised in a separate confidential memo to Councillors for their consideration.

 

ATTACHMENTS

1.         Senior of the year award 2014 - confidential attachment (Councillor Only) (Confidential)

 

Recommendation

That (name to remain confidential) is the Bega Valley Shire Senior of the Year 2014.

 


Council 5 March 2014                                                                                           Item 9.2

 

9.2.         Young Women's Scholarship 2014     

 

Nominations have been received for Bega Valley Shire Council’s Young Women’s Scholarship. 

 

 

Group Manager Planning & Environment   

 

Background

Bega Valley Shire Council awards the Young Women’s Scholarship as a part of the Shire’s recognition of International Women’s Day (IWD). International Women’s Day has been celebrated across the world on 8 March since 1909. This year’s theme, Inspiring Change, encourages advocacy for women's advancement everywhere in every way. The Young Women’s Scholarship is in its sixth year. It will be awarded at the IWD Exhibition at Spiral Gallery.

 

Bega Valley Shire Council awards a $500 Young Women’s Scholarship to a local woman aged 18 to 25 who shows potential in their field of endeavour. This can be business, music, community, arts or sport. The scholarship recognises the important and lasting contribution that young women make in our community.

The Young Women’s Scholarship has been widely promoted locally on the Council website, through networks, at meetings and at the local TAFE and University. Several announcements were made on local radio. Nominations closed on 19 February 2014.

The Scholarship guidelines provide clear instruction and eligibility criteria for applicants. The eligibility criteria include a requirement that an applicant lives within the Bega Valley Shire.

ISSUES

Social / Cultural

The Scholarship supports the wellbeing of young women in the Bega valley Shire and encourages their participation in community life. The need to provide opportunities for the advancement of women in the Bega Valley Shire has been identified by Council in in the Social Issues Papers.

Financial

The Young Women’s Scholarship grant is included in the Community Services budget. There is no further financial impact on Council.

 

 

Funding source

 

Amount

Community Services - Scholarship Awards -  21150.2100.2151

$

500

 

Resources (including staff)

Support for the administration of the Scholarship is provided by Community Development staff and is included in the section’s annual workforce planning.

Conclusion

Applications are summarised in the attached confidential memo for councillors’ consideration. The applicants represent the diversity of young women in the Bega Valley Shire and reflect the positive contribution that young women make to our community. Individual applications are available for Councillors on request.

 

ATTACHMENTS

1.         2014 Young Women's Scholarship Confidential Memo (Councillor Only) (Confidential)

 

Recommendation

That (name to be inserted) is awarded the Bega Valley Shire Young Women’s Scholarship for 2014.

 


Council 5 March 2014                                                                                           Item 9.3

 

9.3.         Festival of the Face     

 

The Festival of the Face is an initiative of the Bega Valley Chamber of Commerce and Industry designed to take advantage of the opportunities provided by the Biennale Shirley Hannan National Portrait Awards at the Bega Valley Regional Gallery in June 2014 and subsequent years.

 

General Manager   

 

Background

The Bega Chamber of Commerce and Industry is seeking the support of Council to develop the inaugural Festival of the Face initiative to coincide with the Shirley Hannan Exhibition in the Bega Valley Regional Gallery in June 2014.

The Bega Chamber of Commerce has identified this as an opportunity to create community celebration that will encourage creativity in the Shire by generating a series of creative activities around the theme of “The Face”, generate opportunities for business and Increase the number of visitors to the Shire.

Activities would include:

·    Mask making

·    Portrait painting and photography

·    Community knitting spool in the park & aerial photography of finished product

·    Selfies display through social media

·    Patchwork quilting

·    4D pavement chalk art

·    Pop up performances by local theatre groups

·    Indigenous art & portraits

·    Film Night

·    “Feed the Face” – food display and markets

·    Mascaraed Ball

The Bega Chamber has already had discussions with local schools, businesses and cultural groups and so far the indications are very positive. However, while the Chamber recognises the potential of the festival and is willing to contribute to its development by providing a leadership role and encouraging participation, they lack the resources to provide administration support, project development and promotion and design funds to reach its full potential.

The Chamber is willing to undertake fund raising activities such as the Mascaraed Ball and provide a limited amount of direct financial support. Individual businesses will also provide some sponsorship for activities. The Chamber therefore seeks financial support of $10,000 from Council for;

·    Administration Support, Promotion & Design                                     $6,000

·    Project Development (workshop and artist fees)                               $4,000

Conclusion

Festival of the Face is initially Bega focused, however the Chamber has already received enquiries from other organisations in Eden and Bermagui about participating, so may be potential for the festival across the whole Shire.

 

ATTACHMENTS

Nil

 

Recommendation

That Council determine its level of support for the Festival of the Face initiative.

  

 


Council                                                                                                                5 March 2014

 

 

staff reports – Accessibility (infrastructure Waste and Water)

 

5 March 2014

In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Councillor Fitzpatrick.  

11.1           Bega Valley Local Traffic Committee Meeting 5 February 2014........... 108


Council 5 March 2014                                                                                         Item 11.1

 

11.1.       Bega Valley Local Traffic Committee Meeting 5 February 2014     

 

This report recommends that Council adopt the advice of the Bega Valley Local Traffic Committee meeting held on 5 February 2014.

 

Group Manager Infrastructure, Waste & Water  

 

Background

The Bega Valley Local Traffic Committee held a meeting on 5 February 2014, the minutes of which have been distributed separately. It is a requirement that Council formally adopt the recommendations, prior to action being taken. The recommendations were supported unanimously by the Committee.

 

ATTACHMENTS

Nil

 

Recommendation

That Council note the advice of the Bega Valley Local Traffic Committee meeting held on 5 February 2014 and approve the following:

1.    That the existing restricted 2 Hour Parking Zone adjacent to the Bega Civic           Centre on Zingel Place, Bega be temporarily changed to a Loading Zone.

2.    That the Bus Zone outside Candelo Public School on William Street, Candelo        be extended a further 10.8 metres to the north, towards the Panbula Street       intersection.