Ordinary

          Meeting Notice and Agenda

 

An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre Bega on Wednesday, 20 July 2022 commencing at 2:00pm to consider and resolve on the matters set out in the attached Agenda.

 

 

 

To:

Cr Russell Fitzpatrick, Mayor

Cr Liz Seckold, Deputy Mayor

Cr Tony Allen

Cr Cathy Griff

Cr Mitchell Nadin

Cr Helen O’Neil

Cr David Porter

Cr Joy Robin

Cr Karen Wright

 

Copy:

Chief Executive Officer, Mr Anthony McMahon

Acting Director, Assets and Operations, Mr Ian Macfarlane

Acting Director,  Community, Environment and Planning, Mrs Emily Harrison

Director, Business and Governance, Mrs Iliada Bolton

Acting Manager Communications and Events, Ms Skye Owen

Minute Secretary, Mrs Jackie Grant

 

 

 

 


Live Streaming of Council Meetings

Council meetings are recorded and live streamed to the Internet for public viewing.  By entering the Chambers during an open session of Council, you consent to your attendance and participation being recorded.

The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au. All care is taken to maintain your privacy; however as a visitor of the public gallery, your presence may be recorded.

Publishing of Agendas And Minutes

The Agendas for Council Meetings and Council Reports for each meeting will be available to the public on Council’s website as close as possible to 5.00 pm on the Thursday prior to each Ordinary Meeting.  A hard copy is also made available at the Bega Administration Building reception desk and on the day of the meeting, in the Council Chambers.

The Minutes of Council Meetings are available on Council's Website as close as possible to 5.00 pm on the Monday after the 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 Chief Executive Officer for  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 by Councillors, with amendments  if necessary, at the next available Council Meeting.

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

Phone (02 6499 2222) 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 1993 and Office of Local Government

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

The test for conflict of interest

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

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

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

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

Identifying problems

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

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

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

Local Government Act 1993 and Model Code of Conduct

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

Agency advice     

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

Contact

Phone

Email

Website

Bega Valley Shire Council

(02) 6499 2222

council@begavalley.nsw.gov.au

www.begavalley.nsw.gov.au

ICAC

8281 5999

Toll Free 1800 463 909

icac@icac.nsw.gov.au

www.icac.nsw.gov.au

Office of Local Government

(02) 4428 4100

olg@olg.nsw.gov.au

http://www.olg.nsw.gov.au/

NSW Ombudsman

(02) 8286 1000

Toll Free 1800 451 524

nswombo@ombo.nsw.gov.au

www.ombo.nsw.gov.au

 

Disclosure of pecuniary interests / non-pecuniary interests

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

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

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

Item no & subject

 

Pecuniary Interest

 

   In my opinion, my interest is pecuniary and I am therefore required to take the action specified in section 451(2) of the Local Government Act 1993 and or any other action required by the Chief Executive Officer.

Significant Non-pecuniary conflict of interest

   – In my opinion, my interest is non-pecuniary but significant. I am unable to remove the source of conflict. I am therefore required to treat the interest as if it were pecuniary and take the action specified in section 451(2) of the Local Government Act 1993.

Non-pecuniary conflict of interest

   In my opinion, my interest is non-pecuniary and less than significant. I therefore make this declaration as I am required to do pursuant to clause 5.11 of Council’s Code of Conduct. However, I intend to continue to be involved with the matter.

Nature of interest

Be specific and include information such as :

·         The names of any person or organization with which you have a relationship

·         The nature of your relationship with the person or organization

·         The reason(s) why you consider the situation may (or may be perceived to) give rise to a conflict between your personal interests and your public duty as a Councillor.

If Pecuniary

  Leave chamber

If Non-pecuniary  (tick one)

 Disclose & vote        Disclose & not vote          Leave chamber

Reason for action proposed

Clause 5.11 of Council’s Code of Conduct provides that if you determine that a non-pecuniary conflict of interest is less than significant and does not require further action, you must provide an explanation of why you  consider that conflict does not require further action in the circumstances

Print Name

 

I disclose the above interest and acknowledge that I will take appropriate action as I have indicated above.

Signed

 

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


Council

20 July 2022

 

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

Statement of Ethical Obligations

1       Apologies and requests for leave of absence

 

2       Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 29 June 2022 and the Extraordinary Meeting held on 13 July 2022 as circulated, be taken as read and confirmed.

3       Declarations

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

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

 

5       Petitions

 

6       Mayoral Minutes

  

7       Urgent Business

 

8       Staff Reports – Community, Environment and Planning

8.1                Youth Committee and Youth Programs........................................................................................ 8

8.2                Section 4.55(1a) Application to Modify Development Consent 2016.515 - 24 lot subdivision - Lot 4 DP 240604, East Street, Bega................................................................................................... 26

 

9       Staff Reports – Assets and Operations

9.1                RFT-10043351 Bega WTP design and construction................................................................. 97

9.2                Kalaru to Bega Shared Path - Feasibility Study Outcomes................................................... 101

9.3                Lease to RBA Holdings Pty Ltd at Tura Beach reservoir site................................................. 214

9.4                Assignment of Lease - Lease Site LS-09 at Merimbula Airport............................................ 222

9.5                RFT 2122-040 Mount Darragh Road and Tantawangalo Mountain Road DRFA Restoration Works..................................................................................................................................................... 225

 

10     Staff Reports – Business and Governance

10.1              Review of Council Policies - adoption of exhibited documents Batch 1 submissions received      233

10.2              Review of Council Policies - adoption of exhibited documents Batch 1............................ 239

10.3              Review of Council Policies - Batch 4......................................................................................... 242

10.4              Certificate of Investment June 2022........................................................................................ 247

10.5              Audit, Risk & Improvement Committee Quarterly Report June 2022................................ 253

10.6              Code of conduct reviewer panel 2022 - 2026......................................................................... 255

10.7              Local Government NSW Annual Conference 2022................................................................ 259

 

11     Councillor Reports

11.1              2022 National General Assembly of Local Government Communique.............................. 262

 

12     Rescission/Alteration Motions

 

13     Notices of Motion

13.1              Bega Valley Shire Flying Fox Camp Management Plan......................................................... 267

 

14     Questions with Notice

 

15     Questions without Notice

15.1              Cr Nadin - Boydtown planning proposal and development................................................. 269

15.2              Cr Fitzpatrick - Brief report on number of outstanding Development Applications....... 270

 

16     Confidential Business 

 

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

Adjournment Into Closed Session, exclusion of the media and public........................... 271

              

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

Statement of Re-Commencement of Live Streaming

17     Noting of Resolutions from Closed Session

18     Declassification of reports considered previously in Closed Session 


Council

20 July 2022

 

 

Staff Reports – Community, Environment and Planning

 

20 July 2022

 

8.1              Youth Committee and Youth Programs................................................................ 8

8.2              Section 4.55(1a) Application to Modify Development Consent 2016.515 - 24 lot subdivision - Lot 4 DP 240604, East Street, Bega................................................................... 26


Council 20 July 2022

Item 8.1

 

8.1Youth Committee and Youth Programs       

This report has been produced in response to a Councillor motion and presents options for youth engagement and youth programs led by Bega Valley Shire Council

 

Director Community Environment and Planning  

Officer’s Recommendation

That Council:

1.    Note the current work being undertaken by Council to support and engage with young people in the Bega Valley Shire.

2.    Resolve to seek funding for the development of a Bega Valley Youth Specific Strategy that aligns with the community strategic plan at the commencement of the 2023 calendar year.

3.    Consider inclusion of a three day per week youth resource in the next Long Term Financial Plan with the intention to support a youth advisory committee and implementation of a youth strategy should funding be secured for its development.

Executive Summary

Engagement with young people ensures Council is informed in providing quality services and policies relevant to all members and sectors of the Bega Valley Shire. Meaningful inclusion also gives young people opportunities to demonstrate their ability to be citizens and future leaders, builds bridges for disengaged youth, creates a sense of belonging, builds respect, and breaks down potential barriers between young people and the broader community.

Several strategies for engaging young people have been used by Council in the past, including the now dissolved Bega Valley Youth Council and the current Youth Speak project which is grant funded until April 2023.

The development of a youth specific strategy to align with the Community Strategic Plan 2042 would provide an overarching and holistic direction for youth engagement in the Bega Valley Shire. Council staff can seek grant funding in 2023 to enable the development of the strategy.

To ensure ongoing, meaningful youth engagement continues and the strategy is implemented, including the potential development of a Youth Advisory Committee, a consistent and continual staffing resource is required. Based on current projections, this is anticipated to be 3 days per week.

If dedicated resourcing is identified, a Youth Advisory Committee is recommended to be formed in the 2023/24 financial year.

If no resourcing is identified, Council can continue to apply for grants to support Youth Week activities across the shire each year.

Background

At the 9 February 2022 Council meeting, a notice of motion was passed requesting staff to prepare a report on:

a) Council’s current youth program

b) the resources required to develop a youth specific strategy to align with the Community Strategic Plan

c) the resources required to establish and support a youth committee including staff costs and funds for putting on events such as during National Youth Week, organising and attending regional youth events

d) population data associated with the 12–24-year age group including High School students, TAFE, University students, unemployed, people on benefits, people with disability, Aboriginal people, parents, graduates, apprentices, and unskilled workers.

Effectively engaging young people in our community is of high priority. In the Towards 2042 Community Strategic Plan engagement report, retaining and supporting young people was the among the four biggest challenges facing the community.

Who are the young people of the Bega Valley?

The Australian Institute of Health and Wellbeing emphasises the significance of the life stage that takes place between 12 and 24, a demographic which is categorised as youth or young people. The institute states that this life stage is a critical time for acquiring the skills to live independently, completing education and transitioning to work, participating in civic engagement and forming lifelong relationships. This life stage is important for the forming of a young person’s identity and values and is a time when the foundations for health and wellbeing are laid down for these potential parents, mentors and leaders of tomorrow.

There is incredible amount of diversity within the 12–24-year-old population of the shire. Perhaps the most significant consideration when discussing young people is that the experiences of those young people still attending schooling is vastly different from those who are beginning their post school study or employment journey.

The 2016 Census tells us there are 4,143 people between the ages of 12 and 24 living within the Bega Valley Shire. The 2021 results for the total number of residents within this age range have not yet been released, however the data that has been released shows 1940 young people are attending secondary schools in the Bega Valley, with 1195 attending public secondary schools, and 741 attending Catholic or other non-government secondary schools. A large proportion of the youth population are in the final years of primary school, and young people make up a large proportion of the 938 shire residents who are attending university or TAFE.

The Youth Speak survey undertaken in 2020 illustrated how central our secondary schools are at supporting the young people who attend them. The 2016 Census revealed that 11 per cent of 15-24 year old’s were classed as unemployed, and 12% were classed as disengaged from work or education, compared to the national average of 14.3%. The Eden Coast, which encompasses the localities of Eden, Boydtown, Edrom, Green Cape, Kiah, Nadgee, Nethercote, Wonboyn and Wonboyn North, had the highest rate of youth disengagement (18.1%) of any region within NSW.

This lack of engagement speaks to the Youth Speak survey findings that young people found lack of jobs and lack of higher education opportunities to be the two biggest barriers preventing young people from achieving their post-school goals within the shire.

The Indigenous population aged between 12 and 24 makes up 26.3% of the entire Indigenous population of the Bega Valley Shire, compared to 15.2% within the general population. Statistics around young people living with disability in the shire are not available at the time of this report.

The Youth Speak survey found that 42% of young people were either unsatisfied or very unsatisfied with their lives in the shire and lists mental health as both the biggest issue affecting young people and the third biggest barrier to young people achieving their post school goals.

It also found that 61% of young people stated they did not feel confident they could have their say in public affairs.

Through the Youth Speak survey young people reported that improvements to recreational facilities and spaces, dedicated youth spaces, and more youth specific events and activities were the community projects they would like to see happen to make the Bega Valley a better place for young people to live.

Council youth programs

From 2002 to 2016, Council’s ‘Youth Council’ provided a channel for youth to voice their preferences, needs and visions. The 2016 Youth Engagement Review of the Youth Council’s success in engaging local youth found it had become an inadequate method for representing youth voices. This was due to various barriers including low youth attendance at meetings. This review considered the Youth Council a resource intensive way of engaging young people and highlighted that the model lacked representativeness of the youth population.

Between 2016 and 2020 the Youth Voice / Youth Action framework provided a plan and direction for youth events within the shire. During this period, Council staff actively engaged with cross-shire inter-agency meetings, providing a collaborative approach to supporting local youth. 

In June 2020 Council, together with the inter-agency youth collaboration, developed the Youth Speak survey to:

·         collect current youth input for ideas, wants and needs, both focused around bushfire recovery and into the future

·         identify a relevant, productive channel for ongoing capture of youth voice (12–25 year olds) in the shire

·         identity youth members interested in participating in a youth discussion forum, a hackathon event, and the development of youth-led projects.

The results of the Youth Speak survey were documented in the Youth Speak Survey Report and presented to Council in August 2020. Council resolved that officers were to seek external funding to resource the Youth Speak Project.

Council Officers were subsequently successful in resourcing the Youth Speak Project in 2021 through the Bushfire Community Recovery and Resilience Fund (BCRRF), and successfully recruited a Youth Resilience Officer in October 2021 to begin the project.

Youth Speak project

The Youth Speak project aims to work with young people across the Bega Valley Shire to build resilience and a positive future for 12–24 year olds in our region. The project commenced in October 2021 and is funded through the NSW Government’s BCRRF until April 2023.

The Youth Speak project comprises five key elements:

1.       Stakeholder engagement

2.       Bega Valley Youth Forum

3.       Future Shaper program

4.       Youth-led projects

5.       Youth resilience building activities and opportunities in the community


Youth Forum

The 2022 Bega Valley Youth Forum was held on Friday 27 May at the Bega Valley Commemorative Civic Centre and Littleton Gardens, Bega.

The day focused on the core themes that were present in the Youth Speak report and provided young people a platform to voice their opinions about what is needed for young people to have a positive future in the shire.

The key messages delivered by youth as part of the discussion sessions were documented and are being shared with the community via Council’s communication channels including the Youth Speak TikTok channel and Facebook, and through the Bega Valley workers with youth consortium – an emerging youth interagency network let by Headspace. The ideas that were generated on the day will be brought to the Future Shaper program (details below).

Partners for the day included Campbell Page, Headspace Bega, Funhouse Bega, University of Wollongong (UOW), Innovation Hub, The Crossing Land Education Centre, Eden Access Centre, PCYC, Fling Physical Theatre, 2pi Software and South East Women and Children’s Services.

Future Shaper

Registrations are underway for up to 60 young people who want to create a positive future for young people in the Bega Valley to join the Future Shaper program.

The program will begin with a two-day camp (4-5 July 2022) where the Future Shapers will review the outcomes of the Youth Forum and go through a ‘hackathon’ process to identify projects and initiatives they would like to make happen in the community themselves.

The Future Shapers will then form small groups and make either a 6 or 9 month commitment to design, develop and deliver their project or initiative. The young people will be partnered with a community mentor/s and supported by the Youth Resilience Officer to deliver their projects.

Youth-led projects

The youth-led projects that come out of the Future Shaper program will be delivered either by the end of December 2022 or March 2023. The reason for the difference in delivery is accommodate both shorter and longer term projects, and to ensure that projects that involve an event don’t occur at the same time.

The projects will be based on the ideas raised by young people. Examples of viable projects that have already been raised by young people include:

·         youth focused festivals and events

·         communication platforms for young people to access information about what’s on in the Bega Valley

·         creating youth spaces, using existing or transportable infrastructure

·         resources to educate young people about important topics, or to educate the wider community about the experiences of young people

·         social enterprises serving a need for young people and providing work experience and training.

Towards the end of 2022, Future Shapers will have the opportunity to present the projects they have been working on to the community through a public event.

Youth projects may also take place as part of the Future Shaper program by young people who were unable or not confident enough to attend the camp. This will likely happen with young people who are supported by local youth services such as Headspace Bega or Campbell Page. This will ensure the youth-led projects component of the Youth Speak project are accessible to a much more diverse range of young people, with differing capacities, interests and confidence levels.

Youth focused resilience activities and opportunities

The current Youth Resilience Officer has filled a gap in the community, working within the community and with key community partners to facilitate and support youth specific activities and opportunities that have a positive impact on youth across the shire. Initiatives that have occurred over the first six months of the project include:

·         Triangle Youth Festival – Cobargo

·         Summer Holiday Skate Tours – Pambula, Tathra, Bega, Cobargo and Bermagui

·         Summer Holiday Game Development workshops – Bega and Eden

·         Youth Speak Workshops – Eden Marine High School and Bega High School

·         Youth Week Dance Workshops – Eden, Bemboka and Candelo

·         Youth Week ‘Dinner in the Den’ – Eden

·         Youth Disaster Preparedness Sessions – Eden

·         Youth Week Basketball workshop – Bega

·         ‘Bounce into Bega’ – weekly sessions – Bega

·         Youth NAIDOC week celebrations – Bega

·         Cultural Healing Camp – Bega

·         The Crossing Local Land Leaders Program – Bermagui

·         Southern Series Skate Competition – Bermagui


Wider Youth Community Engagement

There is a considerable amount of community development and engagement that sits outside the scope of the Youth Speak project yet is necessary to maintain a positive relationship between Council, the organisations that work with young people locally, and young people themselves. Examples of such work include:

·         maintaining relationships with key stakeholders in the Youth Space including PCYC, Campbell Page, Headspace Bega, UOW Bega, Bega High School, Eden Marine High School, Lumen Christi Catholic College, Sapphire Coast Anglican College

·         contributing to the Headspace Youth Consortium of Workers with Young People

·         collaborating with the Office of Regional Youth and neighbouring councils on a regional youth strategy

·         contributing to community working groups such as CREW, the Eden Disaster Preparedness project, and the Brotherhood of St Lawrence’s Youth Employment strategy

·         working with internal stakeholders on matters that affect young people

·         applying for funding for future youth related opportunities and completing reporting requirements for this funding

Youth specific strategy that aligns with community strategic plan

A youth specific strategy that aligns with the Community Strategic Plan would be a significant undertaking, but a significant asset for our community going forward. Having had the Youth Speak project build a platform for Council’s engagement with young people, building a mid-term strategy would be a great way to move forward in a strategic way, and to show the community that we are taking youth engagement seriously.

Work is currently underway to develop a regional youth strategy through a collaboration being coordinated by the Office of Regional Youth. This plan would be broad in focus. A Bega Valley youth strategy would align with this plan but be specific to young people in our community.

The resourcing that has been required to develop other strategies, such as the Affordable Housing Strategy, and the experience of other councils who have developed a youth strategy indicates that an estimated $22,000 would be required to engage an external consultant to develop a youth specific strategy over a six-month timeline. There are many options to fund this project externally.

It is also estimated that one and a half days from a dedicated Council officer over a six -month period would be required for the coordination of the community engagement, and development of the plan in collaboration with an external consultant. This cost would be approximately $14,400. This could be resourced through current Youth Speak funding.

Youth Advisory Committee

There are various models for how a Youth Advisory Committee (YAC) could be structured. The Office of the NSW Advocate for Children and Young People provides several resources for forming an effective YAC. Our two neighbouring councils, Snowy Monaro Regional Council and Eurobodalla Shire Council also provide relevant examples of how a YAC can be established and supported.

An effectively run YAC would add considerable strength to Council’s capacity to engage with young people in our community. Having a motivated cohort of young people who are willing to work with Council would have the following benefits:

·         Increase Council’s reach into youth networks

·         Increase the opportunities for accessing external funding for youth engagement events and activities, as youth input in program design is highly desired by funders

·         Increase Council’s capacity to organise and deliver youth activities and events

·         Provide Council with a mechanism for instant youth engagement

·         Provide valuable opportunities for our leaders of the future


It is worth considering that without adequate resourcing a YAC would be ineffective and could not be sustained. It is critically important that if a YAC is established, it must be adequately resourced to ensure it is well supported into the future and achieves outcomes for the community.

It is also worth considering the risks of a YAC attracting criticisms around a lack of representativeness of the members, a risk that can be mitigated by appropriate recruitment practices and ensuring that Council is delivering youth programs for a diverse range of young people.

While YACs are typically run by and for a council, it is worth considering the benefit of including other key community stakeholders in the design, development and support of a YAC. Within the Bega Valley Shire, key community stakeholders may include Headspace, PCYC, Campbell Page, or other organisations that work directly with young people. One benefit of including these stakeholders is that it may spread the responsibility for supporting the YAC so that the overall program is more resilient. Because many of these organisations engage young people with barriers to conventional engagement, this method may also help to include voices beyond the high-capacity demographic of young people that typically dominate Youth Councils and YACs.

Another benefit of this model is that the YAC could develop an identity that is linked to, but slightly independent from, Council which may appeal to a broader demographic of young people. However, this model would be shaped by the priorities of the stakeholders involved and could potentially lack the holistic approach to the needs and preferences of young people that Council is hoping for.

Resourcing the YAC, regardless of its structure depends greatly on the outcomes that it hopes to achieve. The evidence suggests that solely maintaining and supporting a YAC in its simplest form with minimum output beyond its advisory function would require approximately one day per week of a council officer’s time, plus some in-kind venue use and administration contributions, and a budget of around $500 per year for discretionary expenses.

However, the evidence suggests that, beyond advising Council and/or the community on behalf of young people, there is a growing appetite for young people involved in YACs and other leadership groups to play an active role in making things happen in their community. Examples of this include running youth festivals and events, establishing and maintaining youth spaces, or developing awareness campaigns on behalf of young people.

It needs to be considered that while establishing and successfully supporting a YAC would be a significant step in creating positive change for young people in our community, it does not resolve the lack of representativeness that is a documented weakness of many YACs around the country and was a reported weakness of the now-dissolved Bega Valley Youth Council. Steps can be taken within the recruitment process and through creative program design to mitigate against this issue. However, to successfully engage a broad range of young people in the community, it is recommended that several different avenues are used to achieve this, with a YAC being just one of them. Various options for additional youth programs are detailed below.

Additional youth engagement programs

In order to achieve engagement among a broad demographic of young people, to make the YAC more active beyond its advisory function, and to make the most out of the resources that are being put into the YAC, it is important that Council runs a diverse range of youth engagement and development programs beyond the life of the Youth Speak project.

Attachment 1 presents feedback that was gathered from the Bega Valley Youth Forum on 27 May. In the sessions attended by over 120 young people, they provided a diverse range of feedback on what they would like to see happen in the Bega Valley. This provides a wealth of ideas for designing events, activities and programs that will successfully engage and support a diverse range of young people.

It is important to emphasise that any additional youth engagement program that Council runs will only be possible with dedicated, long term resourcing for a youth specific role (potentially part time) within the Community Development team. It is not feasible for the current Community Development Officers to undertake this work unless a significant shift in their priorities is agreed by the Executive and Council. This would also limit the non-youth specific work the Community Development Officers could undertake.

An annual ‘Youth-fest’, held in Youth Week, that combines a youth forum with a weekend-long youth festival could be one strategy for youth activities and events that would make the most of resources, while also achieving the engagement of a diverse range of youth voices that appears difficult through a YAC model on its own.

Funding is consistently available for youth-week activities and having a key date in the calendar and a sizable event to work towards would give a central point to collaborate with other youth focused organisations, who are also receiving funding at these times, to develop key outcomes for young people. Any big youth programs that are to take place over that year, could run off the back of ‘youth-fest’, such as a youth-led project mentorship model to replace Future Shaper, which is currently being discussed with community stakeholders.

Resourcing additional youth programs through external funding

Officers from the Community Development Team are frequently reviewing opportunities for external funding of youth programs and applying for them where relevant. Over the first six months of the Youth Speak project, the Youth Resilience Officer has successfully applied for three small grants through the Office of Regional Youth and the Department of Families, Communities and Justice, and has been unsuccessful in an application for a large grant through the Federal Governments Strong and Resilient Communities (SARC) grant scheme.

It is evident that there are very few opportunities for external funding which can pay for staffing costs and operational overheads as eligible expenses.

However, there are significant opportunities to access external funding to go towards activities and events to engage young people in their community. These types of funding streams are often released to line-up with school holiday periods or significant dates such as Youth Week. If a YAC was to be developed in any form, this would significantly enhance Council’s likelihood of successfully applying for grants, as many funders place a high value on the process of co-designing youth programs with young people.

A strategy therefore could be for Council to commit resources towards the staffing of a youth specific community development officer, knowing that this staff member can then maintain the community engagement required, contribute to supporting a YAC if desired, and apply for the funding and delivery youth activities and events. It is estimated that approximately $40,000 in external funding could be sourced annually to fund additional youth activities and programs.

One challenge with this type of funding is that it often comes out without much notice, and Council officers are left ‘scrambling’ to design a program, engage with the community and apply for the funding. Having a well identified youth strategy will make the process of designing programs, applying for funding, and delivering programs much more efficient and effective.

Bega Valley Shire Council youth programs going forward

The Youth Speak project has presented a fantastic opportunity for Council to lay the foundation to meaningfully engage with young people. It is important that this foundation is built upon with a meaningful but achievable and realistic strategy to continue to engage with this sector of our community.

It is not effective, efficient or sustainable to continue to rely solely on external funding to deliver short term isolated youth projects. A much more effective strategy is to invest small amounts of resources into a longer-term plan to meaningfully engage young people and use this platform to apply for available funding to deliver specific programs and activities that align with the overall plan on an ongoing basis.

To undertake the activities outlined above, the ideal resourcing would include a three day per week youth specific Community Development Officer, initially for a three-year period commencing in the 2023/24 financial year. This role would be responsible for:

·         representing Council in key relationships with youth specific community stakeholders

·         representing Council as part of youth specific local and regional working groups and strategic projects

·         establishing, coordinating, and supporting a Youth Advisory Committee

·         developing a Youth Specific Strategy that aligns with the Community Strategic Plan, in consultation with external facilitators

·         applying for external funding and completing all funding related reporting to delivery additional youth engagement activities and programs

·         organising and delivering an annual youth forum/festival as part of NSW Youth Week

·         organising and delivering other youth engagement activities and programs, with the support of the Youth Advisory Committee and pending suitable grant funding opportunities.

Noting Council’s current priorities and budget, it is recommended the inclusion of a three day per week youth resource is considered in the next Long Term Financial. In the meantime, the current grant-funded Youth Speak project will continue, and the youth development officer will continue to seek grants for school holiday and other youth activities within his existing role where possible.

Options

1.    Council could support the recommendations in full.

2.    Council could note the current youth work being undertaken and resolve to seek funding for the development of a youth specific strategy, but not to consider additional resources in the next long term financial plan. This would result in a small level of youth-focused work continuing through the grant-funded youth officer position however would not enable a Youth Advisory Committee to be established.

3.    Council could note the current youth work being undertaken and resolve not to progress any further work at this time. This would mean that the youth specific strategy and youth advisory council do not progress at this time.

 

Community and Stakeholder Engagement

Engagement undertaken

The Youth Speak Survey undertaken in 2020 provided the foundational knowledge for Bega Valley Shire Council’s current youth program and provide significant insight into the perspectives of young people. The survey resulted in 269 young people providing input on a diverse range of topics.

Throughout the first six months of the Youth Speak project, the Youth Resilience Officer has done extensive consultation with various stakeholders in the community to include their perspective in the design of the project.

These stakeholders include PCYC, Campbell Page, Headspace Bega, Eden Access Community Centre, The Crossing Land Education Centre, Funhouse Studios, University of Wollongong, Bega High School, Eden Marin High School, Lumen Christi Catholic College, and Sapphire Coast Anglican College. Small groups of young people, totalling approximately 120 young people, have been consulted at various stages about Council’s youth programs.

Consultation, specifically around the topic of Youth Advisory Committees, has also been undertaken with the youth focused staff of the other eight councils that make up the NSW South-East Region, and the Office of Regional Youth.

The Bega Valley Youth Forum, held on 27 May, empowered 120 young people to provide their feedback around what issues they are facing and what they would like to see happen in the Bega Valley to make the region a better place for young people to live.

Engagement planned

Extensive community engagement would be required during the development of a Youth Strategy. Part of this engagement would focus on the subject of a YAC.

Pending advice from the successful consultant (if this element proceeds), the engagement would likely include survey of young people, building on the 2020 Youth Speak Survey to capture similar data points and begin to establish longitudinal trends. Specific questions would be added on topical issues, such as the Youth Advisory Committee. The survey would be distributed through youth networks, including schools, with an aim of 831 responses from young people, which equates to 20% of the 12-24 year old population.

Stakeholder engagement sessions would be completed to involve the various stakeholders in the community who work with young people. This would include Bega High School, Eden Marine High School, Lumen Christi Catholic College, Sapphire Coast Anglican College, Pambula Beach Flexible Learning Centre, Headspace Bega, PCYC, Campbell Page, Fling, the Crossing Land Education Centre, Funhouse Studios, Southeast Woman’s and Children’s Centre, Eden Community Access Centre, 2pi software, Bega LALC, Eden LALC, Merrimans LALC, Tulgeen Disability Services, The Disability Trust, and any other relevant groups.

Approximately 10 focus groups could also be run with groups of around 12 young people each across the Bega Valley, to involve them in development of the youth strategy. Emphasis will be placed on ensuring that these focus groups represent a diverse cross-section of the youth population.

Financial and Resource Considerations

The resourcing required for all elements of the recommended option going forward are outlined in the table below.

The funds for operating additional youth activities and programs and engaging a consultant to assist with the development of the youth strategy will be sourced externally. The funds for the coordination of the youth strategy, in collaboration with an external consultant can be resourced through the existing Youth Speak Project budget (BCRRF funded). The three day per week Youth Officer role, and the vehicles and tools required for their role, will require additional resourcing and budget allocation

Item

$ Excl GST

Expenditure Detail

 

Part time (3 days per week) Youth Development Officer, over 3-year period, beginning in FY 2023/24 (general fund)

191, 616

Vehicle and resources for 3 day per week you officer, over 3-year period, beginning in FY 2023/24 (general fund)

48,471

Youth Advisory Committee expenses over 3-year period (general fund)

1,500

Coordination of Youth Strategy development (grant-funded through Youth Speak project)

14,385

Youth strategy development – external consultant (externally funded, pending successful grant application/s)

22,000

Additional youth activities and programs (externally funded, pending successful grant applications)

120,000

Total Expenditure

 

397,972 

Source of Funds

 

General Fund – $241,587

Externally Funded – $156,385

Total income available

Externally Funded – $156,385 (pending successful grant applications)

 

Total Project Capital Cost

0

Total Available Construction Funding

0

Project Funding Shortfall

241,587

Legal /Policy

The Youth Advisory Committee would not have delegation powers. The participants would be inducted as Council Volunteers, covered under Council’s insurance, and would operate in line with Council’s volunteer policies and procedures.

All programs and activities completed would adhere to Council’s risk assessment and risk management procedures.

Child safe work practices would be a key consideration for all youth activities, especially for large events and the community consultation as part of the Youth Strategy. This consideration will be embedded in all risk assessments and risk management practices associated with Council’s youth program.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Our community

A.1. Collaborate with partners to provide and support opportunities for social interaction, activities, and events.

A.5. Provide and advocate for accessible services and initiatives that contribute to wellbeing across all stages of life.

Our economy

B.4. Collaborate with partners to support education and employment pathways that help young people to thrive and stay in the Bega Valley Shire.

Environment and Climate Change

Climate Change and its impacts was reported as a major issue for young people at the 2022 Youth Forum so it is likely that climate change mitigation and response would be a key theme within a youth strategy and would likely be a topic of interest for a Youth Advisory Committee.

Economic

The Bega Valley, like many regional communities, is feeling the impact of skills shortages. By successfully engaging young people in their community and improving their lives it is more likely that young people will choose to live in the Bega Valley beyond their schooling. This will have considerable economic impacts in the short term and will help the community to build a resilient economic future in the long term.

By giving young people a platform to voice their opinions and share their perspectives, they may bring a different perspective to many of the large economic challenges that face our community and offer innovative solutions that wouldn’t otherwise have been raised.

Hosting large youth festivals and events and engaging local providers to do so will stimulate local spending and contribute to the economic resilience of the community.

Risk

A comprehensive risk assessment and risk management plan will be conducted prior to the instigation of all youth activities and programs, and measures will be taken to ensure that all risks are mitigated.

The YAC may present a risk that it does not prove to be representative of the youth population, does not reach the level of engagement required to achieve appropriate levels of engaging, or does not prove to be an effective use of resources. A comprehensive recruitment strategy and project plan, which would include the development of a charter for the group, would help to reduce risks. The recruitment strategy must engage stakeholders across the community to ensure that a broad range of young people are accessing the opportunity to be a part of the YAC. The YAC would be used as a platform to apply for external funding to deliver a diverse range of youth programs and activities that appeal to a diverse range of young people. This will ensure that resources that are invested in the YAC have wide reaching benefits for the wider youth community. An annual review of progress will also help mitigate these risks.

Engagement from youth during the development of a youth strategy isa risk to the success of the strategy. To overcome this challenge, a comprehensive engagement strategy will be developed alongside significant community stakeholders to ensure that appropriate levels of feedback are provided, and a diverse range of youth voices are heard.

Social / Cultural

An effective YAC and youth strategy that is driven by a three day per week Youth Officer within Council will provide young people a platform to begin to contribute to the social and cultural fabric of the Bega Valley Shire.

Young people have historically been a difficult demographic for councils to engage with, yet many of the big issues that our community is facing will have significant impacts on the lives of young people. This program aims to build social cohesion, connectedness and civic participation among young people in our community.

Through the Youth Speak project, young people have expressed interest in being involved in solutions around issues such as mental health, unemployment and climate change, as well as a desire to help create more youth friendly spaces, and more youth friendly festivals and events.

Their engagement in the community will help the community as a whole to flourish into the future.

Sources

·         Bega Valley Shire Council, 2020, Youth Speak Survey Report

·         Australian Institute of Health and Wellbeing Institute, 2021, Australia’s Youth Report

·         Mission Australia, 2021, Annual Youth Survey

·         Profile ID, 2021, Bega Valley Shire Community Profile, based on 2016 Census Data

·         Office of the Advocates for Children and Young People, 2022

·         Snowy Monaro Regional Council, 2019, Youth Strategy, 2019-2022

·         Eurobodalla Shire Council, 2022

Attachments

1.         Youth Forum key themes

 


Council

20 July 2022

Item 8.1 - Attachment 1

Youth Forum key themes

 

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Council 20 July 2022

Item 8.2

 

 

8.2. 2016.515 Section 4.55(1a) Application to Modify Development Consent 2016.515 - 24 lot subdivision - Lot 4 DP 240604, East Street, Bega       

 

Director Community Environment and Planning   

Applicant

Gerard Littlewood

Owner

Bega Valley Developments Pty Ltd

Site

Lot 4 DP 240604, East Street, Bega

Zone

R2 Residential Low Density

Site area

3.13 Hectares

Proposed development

Section 4.55(1A) Application to modify Development Consent No 2016.515- seeking amendment to the subdivision layout to create 25 lots and utilise constructed infrastructure including roads, sewer, water, stormwater, electricity and telecommunications

Precis

The Section 4.55(1A) application to modify seeks approval to amend the original development consent from 24 lots to 25 lots, and approval for the use of constructed works including roads, water, sewer and stormwater infrastructure. The application is being reported to Council in accordance with the resolution at the Council meeting of 15 June 2022 that the application be presented to Council for determination.

The application is recommended for approval subject to the draft modified consent conditions included at Attachment 1.

Officer’s Recommendation

1.    That Council approves the Section 4.55(1A) Application to Modify Development Consent 2016.515 to increase the number of lots from 24 to 25 and use of constructed infrastructure at Lot 4 DP 240604, East Street, Bega, subject to the draft modified conditions provided in Attachment 1.

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

 

Executive Summary

The Section 4.55(1A) Application to Modify Development Consent 2016.515 is being reported to Council for determination in accordance with the Council meeting resolution of 15 June 2022. The application seeks to amend the allotment layout from 24 lots to 25 lots and seeks approval for use of existing constructed infrastructure.

A detailed Section 4.55 assessment of the proposal has been undertaken and is included at Attachment 2.

The application has addressed the potential impacts on the Grey Headed Flying Fox camp located within the Glebe Wetland Reserve located to the north of the site. Impacts of the camp on future residents of the subdivision have also been assessed and draft modified conditions have been formulated to address potential impacts. These conditions were informed by the recommendations of the relevant public authorities, Council staff and comments raised in submissions during the public exhibition period.

On balance, it is considered that approval of the Section 4.55(1A) Application to Modify would be in the public interest, subject to the modified conditions in Attachment 1.

Background

Development application 2016.515 for a 24 lot subdivision was approved under delegation by Council staff on 20 September 2017 (see Attachment 3 – Development Consent 2016.515).

A subdivision works certificate and approved design plans for the above development consent was issued under delegation by Council staff on 12 May 2020.

A Section 4.55 application to modify was lodged with Council on 9 November 2020 seeking to modify the subdivision layout from 24 lots to 25 lots. The application included the provision of filling of land (see Attachment 4 – Proposed modified subdivision plan).

In May 2021, construction works commenced for the approved 24 lot subdivision.

On 25 May 2021 the Section 4.55 application to modify was approved under staff delegation.

On 7 June 2021 a Subdivision Construction Certificate was issued based on the revised Section 4.55 approved subdivision layout for 25 lots.

In August 2021, a Class 4 Judicial Review appeal was lodged in the NSW Land and Environment Court by Friends of Glebe Wetlands against Council’s determination of the application (LEC Case Number 2021/00245262).

The developer substantively completed the construction works for the subdivision around February 2022.

On 21 March 2022, the Land and Environment Court of NSW ruled that the Modified development consent dated 25 May 2021 for DA 2016.515 in relation to land at Lot 4 DP 240604, East Street, Bega was invalid, void and of no force and effect, because of the jurisdictional error made by Council in approving the modification application based on absence of power to do so.

The applicant lodged a subsequent Section 4.55 application to modify the existing consent which is subject to this report.

Description of the site

The site (Figure 1) covers an area of 3.13 hectares located approximately 900 metres south east of the Bega CBD. The site is surrounded by a mixture of existing low density residential land uses to the east and south, Glebe Wetland Reserve to the North and open pasture used for general grazing of animals to the west.

Figure 1 – Locality plan

The site fronts East Street with the land generally sloping down to the north towards the Glebe Wetland Reserve. The site currently retains remnant vegetation, roads and infrastructure (see Figure 2).

Figure 2 – View of the site

Description of proposed development

The Section 4.55(1A) application as submitted to Council seeks to amend the approved subdivision layout from 24 lots to 25 lots and the use of constructed infrastructure including roads, sewer, water and stormwater infrastructure (see Figure 3 and Attachment 2 – Proposed modified subdivision plan).

Figure 3 – Proposed modified subdivision layout and servicing.

The subdivision at the time of writing this report has effectively been constructed as per the above plan, and installed pursuant to the earlier modified consent to DA 2016.515 and construction certificate before the earlier modified consent being declared invalid by the Land and Environment Court.

Planning Assessment

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

In evaluating the development proposal, the consent authority is required to turn its mind to the relevant Matters for Consideration under Section 4.55 which also requires Council to consider the provisions of Section 4.15 of the EP&A Act.

These matters are:

        (a)  the provisions of—

                (i)  any environmental planning instrument, and

                (ii)  any proposed instrument that is or has been the subject of public consultation                             under this Act and that has been notified to the consent authority (unless the Planning                                 Secretary has notified the consent authority that the making of the proposed                                           instrument has been deferred indefinitely or has not been approved), and

                (iii)  any development control plan, and

(iiia) any planning agreement that has been entered into under section 7.4, or any draft planning agreement that a developer has offered to enter into under section 7.4, and

                (iv)  the regulations (to the extent that they prescribe matters for the purposes of this                     paragraph),

                (v) (Repealed)

        that apply to the land to which the development application relates,

        (b)  the likely impacts of that development, including environmental impacts on both the       natural and built environments, and social and economic impacts in the locality,

        (c)  the suitability of the site for the development,

        (d)  any submissions made in accordance with this Act or the regulations,

        (e)  the public interest.

The Section 4.55(1A) application complies with relevant State Environmental Planning Policies, Bega Valley Local Environment Plan (BVLEP) 2013 and Bega Valley Development Control Plan (BVDCP) 2013. All impacts including issues raised in submissions have been addressed in reports by the applicant and mitigation measures have been identified to further address issues raised.

It is considered that approval to the modified subdivision layout would be in the public interest given it provides one additional residential allotment located within an established residential area of Bega, close to services and facilities, and consistent with the existing built environment around the Glebe Wetland Reserve.

Assessment Matters

In our assessment of the proposal, Council staff have considered the Section 4.55 Application to Modify and accompanying reports, comments provided by relevant state agencies and the issues raised in submissions.

The key assessment issues that relate to the section 4.55(1A) Application to modify are:

·    Has the development adequately addressed potential impacts on Grey Headed Flying Foxes and impacts on future residents?

The application is supported by several reports and includes an ecological impact assessment that builds on previous assessments undertaken with the original development application. The ecological impact assessment focused on the Grey Headed Flying Fox camp located north of the site and considered the marked increase in the colony in 2021, post the 2019/20 Black Summer bushfires. The assessment was undertaken in consideration of the relevant legislation, and undertaken in accordance with the Biodiversity Conservation Act Test of Significance Guidelines (NSW Government 2018) and the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Significant Impact Criteria (Commonwealth of Australia 2017).

The assessment identified that building and construction works have the potential to indirectly impact the camp. The assessment also identified avoidance and mitigation measures to be put in place by the proponent to ensure that the proposed development is unlikely to have a significant impact on Grey Headed Flying Fox.

The assessment also considered impacts of the Grey Headed Flying Fox camp on the future residential allotments and detailed a number of actions to be applied to ensure future residents are advised of the camp and appropriate management measures are in place to avoid conflict.

The ecological assessment was referred to Department of Planning and Environment’s (DPE) Biodiversity Conservation Division Threatened Species Unit who advised they had reviewed the assessment and concur with the author’s conclusion that the proposal will not have a significant impact on any threatened species.

DPE provided additional comments to be considered to mitigate potential issues associated with the future residents in the subdivision.

In review of the information submitted by the applicant, it is considered that the development application has suitably addressed the impacts of the development on flora and fauna, in particular, the impact of the development on the Grey Headed Flying Fox camp adjoining the site, as well as impacts of the Grey Headed Flying Fox camp on the future residential allotments.

Several draft conditions have been recommended to address recommendations in the ecological report and comments provided by DPE. These are included in the draft modified consent.

·    Impacts on flooding

The application is supported by a flood risk management report which determined that the placement of fill would have no significant effect on the flood levels. The application was considered by Council’s Development Engineer in regard to the Bega Floodplain with no objections raised. Existing conditions relating to building on flood effected lots will remain.

Bega Valley Local Environmental Plan 2013

The modified development application has been assessed in accordance with the BVLEP 2013. The revised subdivision layout complies with the minimum development standards applying to the land including all allotments complying with the minimum 550m² allotment size. The design has responded to site constraints including the minimisation on tree removal within the site, setbacks to the identified Grey Headed Flying Fox camp and extent of flooding on the land.

Development Control Plan 2013

The proposal has been assessed in accordance with relevant provisions of the BVDCP 2013. The proposed modification achieves a level of amenity commensurate with the desired future character of the immediate area and will have an acceptable impact on the environment, satisfying the subdivision standards in clauses 5.10.1.4, 5.10.1.5 and 5.10.2.2 of the BVDCP 2013.

Bega Valley Section 7.11(previous S.94) Contribution Plan 2014

The provision of one additional allotment would require an increase in Section 7.11 contribution to be applied. The condition relating to Section 7.11 contributions is to be modified to increase the calculated contribution for the one additional lot.

Options

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

1.    Approve the Section 4.55 (1A) application to modify subject to the draft modified conditions of consent provided at Attachment 1. This is the recommended option.

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

3.    Defer consideration of the matter and seek an alternative design. This is not recommended.

Community and Stakeholder Engagement

The Section 4.55 Application to modify has been publicly notified in accordance with Council’s Community Engagement Strategy. The application was notified for a period of 14 days from 11 May to 25 May 2022. A total of 108 submissions were received.

The following is a summary of the issues raised in the submissions.

·    Impacts of the modified subdivision layout having regard to flora and fauna including Threatened Species, namely the Grey Headed Flying Fox camp located on the adjoining Glebe Wetland Reserve

·    Impacts from the Grey Headed Flying Fox camp located on the adjoining Glebe Wetland Reserve on the future residents of the subdivision

Concerns have been raised in the majority of submissions that the subdivision would impact the Grey Headed Flying Fox camp located within the Glebe Wetland Reserve north of the site. Nearly all submissions that raised issues regarding the impact on the Grey Headed Flying Fox raised the issue that the information in the Ecological Impact Assessment was wrong and that the ways to protect the flying foxes should be consistent with issues identified and the mitigation measures detailed by the Friends of Glebe Wetlands submission. The key point of this submission was that the area defined for the extent of the flying fox camp within the Glebe Wetland is wrong and the extent of the camp is wider than that detailed in the Ecological Impact Assessment and the buffer should be wider.

The Friends of the Glebe Wetland submission cites two documents. The first is the NSW Government Flying Fox Camp Management Code of Practice 2018 which helps local councils and other public land managers to manage flying fox camps causing concern on public land while ensuring the welfare of flying foxes. The Code of Practice defines what a flying fox camp is and also what a buffer is for the purpose of the Code.

The second document is the ‘Management and Restoration of Flying-fox Camps Guidelines and Recommendation’ which is a document created as an output of the Improving Landscape Resilience to Climate Change in SEQ: the flying-fox roost & forage conservation pilot project, coordinated by SEQ Catchments Ltd and funded by the Australian Government’s Caring for Our Country. This document discusses buffer opportunities for flying fox camps in relation to residences.

The NSW Government Flying Fox Camp Management Code of Practice 2018 objective is to authorise camp management actions in flying fox camps in NSW subject to the requirements of the Code.

It is important to note that in regard to buffers, the Code defines a buffer as ‘an area from which canopy trees are removed to prevent flying-foxes from roosting in an area adjacent to a sensitive site such as a school, hospital or residential area’.

The Code further expands on the extent of the buffer for the purpose of camp management being ‘trimming or removal of whole canopy trees at the camp boundary to create a buffer between the flying-fox camp and areas of human settlement, to a maximum distance of 30 metres from any occupied building, to prevent flying foxes roosting within that buffer’.

A review of the building footprints in relation to vegetation in the Glebe Wetland Reserve, including the several trees identified in the Friends of Glebe Wetlands submission indicate that future dwellings would be located a minimum of 30 metres to those trees and located 50 metres from the extent of the camp identified in the ecological impact assessment (see Figure 4 and 5). Therefore, there would be no requirements for Council to remove or modify the existing vegetation within the Reserve and therefore not reduce any existing Grey Headed Flying Fox habitat located within the Glebe Wetland Reserve.

Figure 4 – Setbacks of 50 metres from Capital Ecological impact assessment extent of camp and 30 metre setback from trees as per the NSW Government Flying Fox Camp Management Code of Practice 2018

Figure 5 - 50m Buffer calculated from camp max extent detailed in the Capital Ecological Impact Assessment

The ‘Management and Restoration of Flying-fox Camps Guidelines and Recommendation’ states that:

A buffer of 300m is ideal, however in many instances this is not possible and the buffer width should be as wide as the site allows. The buffer area should consist of habitat not used by flying-foxes e.g. low trees <3 m, cleared land, rivers, open space. Note: sparse plantings surrounding camps can be used by flying-foxes as roosts and should not be included in the buffer zone. Consideration of topography and prevailing wind direction will assist with determining where compromises can be made. The usefulness of the buffer to reduce the impacts of smell and noise declines if less than 50m.

If a sufficient buffer cannot be established, appropriate management of vegetation structure around the edges of a camp site can help reduce conflict (see following section). In addition, appropriate design of buildings and infrastructure, e.g. walkways, in and around camp sites (not discussed in this document) may help mitigate community concerns.

If a maximum 300 metre buffer was proposed this would occupy the entire site and not permit any dwellings. A review of the surrounding area revealed that there are approximately 100 dwellings already established within 300 metres to the Glebe Wetland Grey Headed Flying Fox camp.

Currently, the minimum distance of an existing dwelling to the Grey Headed Flying Fox camp is 50 metres with a further 7 established dwellings that are located less than 50 metres within the buffer detailed in the Friends of the Glebe Wetland submission.

DPE in their response stated that:

With regard to buffer width; ideally, the buffer between homes or other infrastructure, that may be negatively impacted by noise or the faeces of flying foxes, should be at least 50 metres from the outer most edge of the maximum extent of the camp. Having said that, this is only a guide, as to my knowledge there has not been an empirical study of the most appropriate buffer width…

The requirement for a 50m setback for future dwellings in the proposed subdivision is supported by Council staff based on the Ecological Impact Assessment submitted by the applicant and supported by DPE (Biodiversity Conservation Division) Threatened Species Unit.

As detailed earlier, it is considered that the proposed setbacks of future residences on proposed Lots 1, 6, 7, 8 and 9 can be suitably managed to mitigate impacts of the Grey Headed Flying Fox camp on future dwellings and these measures have been identified through DPE and Council’s Environmental Services section.

DPE (Biodiversity Conservation Division) Threatened Species Unit detailed that consideration should also be given to mechanisms for advising potential buyers of the presence of the camp and that at times it may cause discomfort. They attached an information pack they have distributed to neighbours of other camps in SE NSW when those camps have become problematic. Proposed modified conditions would provide requirements for 50 metre setbacks for future residences and an informative brochure with locally specific information to reduce impacts to landholders and the flying foxes and avoid conflicts will be provided to prospective buyers prior to purchase.

·    Flooding on house sites

Submissions highlight that several allotments would not comply with flood risk planning.

The application is supported by a flood risk management report which determined that the placement of fill would have no significant effect on the flood levels. The application was considered by Council’s Development Engineer in regard to the Bega Floodplain with no objections raised. Existing conditions relating to building on flood effected lots will remain.

·    Submissions of support

Four submissions were provided in support of the application noting that there is a dire shortage of housing in the Bega Valley and Littlewood Estate is essential to providing some much needed residential land in Bega. These submissions detail that currently there is no available housing in the Bega Valley for prospective staff who want to move to the region.

The submissions recognised there have been concerns raised regarding the Flying Fox colony in the area but these appear to be addressed in the Ecological Assessment Report and further to that, the most disruptive works have already been completed, so any future impacts will be less than those which have already occurred.

Engagement planned

No further engagement is planned, other than to advise submitters and the applicant of Council’s determination.

Financial and Resource Considerations

Assessing proposals for development is part of the regular business of Council and resourcing to undertake that function is included in Council’s adopted 2022-23 Budget.

Legal /Policy

Should Council resolve to refuse the application, the applicant has the normal appeal rights to the Land and Environment Court under the provisions of the EP&A Act.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The revised layout is considered that the development would be consistent with the following goals of the Bega Valley Shire Community Strategic Plan 2040 and the South East and Tablelands Regional Plan 2036.

The proposed subdivision layout is consistent with the goals outlined in the Community Strategic Plan 2040, in particular:

·    We embrace sustainable living and value and conserve our natural environment.

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

The proposed subdivision layout is also consistent with Directions 24 and 25 of the South East and Tablelands Regional Plan 2036:

·    Direction 24: Deliver greater housing supply and choice.

·    Direction 25: Focus housing growth in locations that maximise infrastructure and services.

The proposed subdivision layout is consistent with the following future directions of the Bega Valley Shire Local Strategic Planning Statement 2040:

PLANNING PRIORITY 10: CHARACTER

·    Maintain a compact settlement pattern with clearly defined town and village entry points and prevent ribbon development that joins settlements.

PLANNING PRIORITY 11: HOUSING

·    Increase housing density within established urban areas to minimise additional service provision and expansion of the urban/bushland interface and support the viability and vibrancy of town centres and future public transport provision.

Environment and Climate Change

An assessment of environmental impact on flora and fauna is detailed in the Assessment Report provided at Attachment 2, including impacts on the Grey Headed Flying Fox.

The potential environmental impacts of the development have been assessed and, where potential impacts have been identified, mitigation measures and environmental safeguards have been recommended.

Economic

The Section 4.55 Assessment has considered the relevant matters for consideration under Section 4.55 and 4.15 of the EP&A Act 1979, including the likely impacts of the proposed modified development on both the natural and built environments, and social and economic impacts of the locality.

Risk

The existing infrastructure will be transferred to Council at the time of the subdivision being finalised. Council’s development engineering and Water and Sewer Services staff have carried out milestone inspections during the construction of the infrastructure to ensure compliance with approved plans and Council requirements.

Social / Cultural

There are no identified impacts to cultural heritage associated with the proposed development as detailed in the attached Assessment Report and as described in the Applicant’s Cultural Heritage Report.

A range of social impacts have been considered in the assessment of this application, including concerns raised in submissions, which have been considered and detailed in the Assessment Report.

Attachments

1.         2016.515 Draft modified conditions

2.         2016.515 Section 4.55 Assessment

3.         2016.515 Development Consent

4.         Proposed modified subdivision plans

 


Council

20 July 2022

Item 8.2 - Attachment 1

2016.515 Draft modified conditions

 

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Council

20 July 2022

Item 8.2 - Attachment 2

2016.515 Section 4.55 Assessment

 

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Council

20 July 2022

Item 8.2 - Attachment 3

2016.515 Development Consent

 

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Council

20 July 2022

Item 8.2 - Attachment 4

Proposed modified subdivision plans

 


 

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Council

20 July 2022

 

 

Staff Reports – Assets and Operations

 

20 July 2022

 

9.1              RFT-10043351 Bega WTP design and construction............................................ 97

9.2              Kalaru to Bega Shared Path - Feasibility Study Outcomes................................ 101

9.3              Lease to RBA Holdings Pty Ltd at Tura Beach reservoir site............................. 214

9.4              Assignment of Lease - Lease Site LS-09 at Merimbula Airport......................... 222

9.5              RFT 2122-040 Mount Darragh Road and Tantawangalo Mountain Road DRFA Restoration Works................................................................................................................ 225


Council 20 July 2022

Item 9.1

 

9.1RFT-10043351 Bega WTP design and construction     

This report details the evaluation outcome of request for tender for the proposed Bega Water Treatment Plant.

Director Assets and Operations  

Officer’s recommendation

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

2.    That Council accepts the tender from XXXX in relation to contract for the works for as described in RFT 1000043351, in the amount of $XXXX (excluding GST), subject to variations

3.    That authority is delegated to the Chief Executive Officer to execute all necessary documentation in relation to RFT 1000043351

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

 

Executive summary

This is our third water treatment plant (WTP) and will introduce filtration and UV disinfection for the Bega-Tathra water system making the supply compliant with Australian Drinking Water Guidelines.

The NSW Government Safe and Secure Water Program has committed $15.2 million for the project. This includes the already funded $550k for concept and specifications work and a further $11.4m for the WTP (this tender). This represents most of the WTP construction costs. The remaining funds include $2.5m for part of an already under-construction Operations Depot on the same site and $750k for borefield investigations and renewal. Borefield investigations are well-progressed with new sites identified. At the same time a groundwater model has been developed by our consultant and accepted by the Department of Planning and Environment. This model will be used to quantify our secure yield from the Bega Sands water source during periods of drought.

The WTP project will be delivered under a design and construct (D&C) model. The detailed design phase will start on-award and take 6 to 8 months to complete. Construction is planned to start in early 2023. Construction, testing, and commissioning will take 18-24 months. The plant is expected to be supplying water to customers in 2024.

The request for tender (RFT) process has been managed by Public Works Advisory in accordance with the Local Government Act 1993 and was advertised via the NSW Government eTendering website.

Background

Council was successful in securing significant funding under the Safe and Secure Water Program for both our Brogo and Bega water treatment plants in early 2019. Since then Council has been working on the options assessments, design, specification and tendering of the Bega WTP.

Bega source water has low levels of turbidity (solids) but has comparatively high iron and manganese levels. These are responsible for the discolouration of the water currently observed in the system. A site adjacent to our existing South Bega site was acquired for construction of this plant.

A consultant was engaged to develop the options assessment, concept design and other preliminary studies. Jar testing was completed on site to determine the best processes to treat the water. The outcome of this has informed our design.

Public Works Advisory managed the procurement phase and tendered for a GC 21 contract - design and construct delivery model.

Options

A process options assessment to determinate the best solution for this site. Considered options included:

·    dissolved air flotation & filtration

·    direct filtration (conventional)

·    membrane filtration (aka ultra-filtration)

·    sludge lagoons & drying beds for solids handling

·    various supporting processes.

Given the characteristics of the Bega source water, either direct filtration or membrane filtration were shown to be best. Both options were deemed conforming tenders.

Similarly, based on lifecycle cost calculations, both lagoons and drying beds were deemed conforming tenders.

This approach ensures best value for council while allowing tenderers to propose the most cost-effective combination for them.

Community and Stakeholder Engagement

Engagement undertaken

The surrounding land holders have all been notified. Council’s project officer has meet with each of the affected neighbouring land holders face-to-face to discuss the proposed development of this precinct, including the construction of the attached Water & Sewerage Services Operations Depot (currently under construction) and extension of the sewerage network to the surrounding industrial area.

A press release entitled “Water and jobs flow in treatment plant development” considering the combined water treatment plant and depot project was released in February 2021 and was endorsed by the local state member before release.

The NSW Department of Planning and Environment’s technical advisors have been actively involved in the design process for this plant.

Engagement planned

Broader community engagement is planned following award of the water treatment plant tender for the design and construction of the new facility.

More detailed communication will be performed as the plant comes on-line to engage the community and educate them about the advantages treated water will bring.

Financial and Resource Considerations

The water treatment plant and costs from the negotiation process are included in the current year budget and current adopted long-term financial plan for the water fund.

Legal /Policy

The tender process has been undertaken in accordance with the Local Government Act 1993.

The development of the reference design has been conducted in accordance with the prescribed Section 60 process. The outcome of this process ensures Council can obtain ministerial approval to supply water under Section 60 of the Local Government Act 1993

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposed Bega WTP aligns with our delivery program action to:

Operate a contemporary local water utility that enables sustainable development, supports social wellbeing, and protects the environment.

And the Operational Plan 2022-2023 action:

Commence construction of the Bega Water Treatment Plant.

Environment and Climate Change

Water treatment and pumping is a significant energy demand. A roof mounted solar photovoltaic system is included in the design for both the new process buildings, the Depot, and the existing structures in this precinct.

This solar system was recently tendered and awarded as “RFT 2122-022 Bega Water Treatment Plant and Depot Solar”. Design for this system is underway.

Economic

This project will provide immediate economic benefit to the Bega Valley community through the utilisation of local contractors during construction.

The Bega/Tathra water supply has in recent years experienced aesthetic challenges, primarily due to iron oxidation causing a brown/red discolouration and resulting in ‘dirty water’ complaints and considerable coverage on social media. By removing the iron and manganese from the water supply through inclusion of dedicated oxidation and filtration processes, the new plant will produce reliable and visibly clean drinking water, having positive impacts on our region’s reputation as a tourism destination and supporting local businesses.

Risk

The Safe and Secure Water Program is administered by Water Infrastructure NSW. Water Infrastructure NSW is a newly formed entity who we are developing working relationships with.

Social / Cultural

The proposal will have significant positive social impacts through improved water quality and a lower burden of sickness on the community.

As mentioned above, the Bega/Tathra system has had a reputation for dirty water. The new Bega WTP will address this and will provide greater confidence and pride in our Places.

Attachments

1.            Confidential memo RFT100043351 Bega WTP design and construction (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

 

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

 

 


Council 20 July 2022

Item 9.2

 

9.2Kalaru to Bega Shared Path - Feasibility Study Outcomes       

This report gives recommendations regarding the Kalaru to Bega Shared Path project following the completion of an independent Feasibility Design Study.

Director Assets and Operations  

Officer’s Recommendation

1.    Council acknowledge and thank the efforts of the Bega Valley Safe Ride Group in their advocacy role for the improvement of safety outcomes for cyclists in the Bega Valley.

2.    Council receives and notes the Kalaru to Bega Shared Path Feasibility Design Study and its attachments.

3.    Council note and endorse corridor alignment Option 1 for the Kalaru to Bega Shared Path as being the preferred route for any future extension based upon the community consultation and site analysis.

4.    Council note the estimated project cost of detailed design and construction for Option 1 as $18.8M (including contingency) as at January 2022.

5.    Council notes the results of the Cost Benefit Analysis of the project and at a 7% discount rate, construction of the entire path is estimated to return a negative NPV of $-9.5 million and a BCR of 0.52, this suggests that the project may not be economically desirable or provide a net financial benefit at this time.

6.    Council notes the results of the Cost Benefit Analysis and at a 7% discount rate, construction of the western segment of the path (Bega to Thornhill Road) in isolation is estimated to return a positive NPV of $0.1 million and a BCR of 1.01.

7.    Council notes the results of the Cost Benefit Analysis and at a 7% discount rate, construction of the eastern segment of the path (Henry Taylor Road to Armstrong Drive) in isolation is estimated to return a negative NPV of $-1.2 million and a BCR of 0.71. This segment is estimated to return a positive NPV only if a 3% discount rate is used.

8.    Council endorses the staging and delivery priorities of the preferred corridor alignment for the Kalaru to Bega Shared Path and that it should only be undertaken as part of an overall shire wide strategy outlined in the still to be completed Bega Valley Active Transport Plan and not be undertaken in isolation.

9.   Council note there is not provision for whole of life cost allocations to account for any new assets in the currently adopted long term financial plan

 

Executive Summary

This report details the outcomes of the Kalaru to Bega Shared Path Feasibility Design Study and seeks Council endorsement for the Corridor alignment Option 1 as the preferred route for any future extension.

The cost of construction for the Option 1 alignment, including contingency, is estimated at $18.8M as of January 2022.

As part of the study a detailed Cost Benefit Analysis (CBA) was undertaken the results of which suggest that the project may not be economically desirable or provide a net financial benefit at this time.

An additional high-level CBA analysis was undertaken to consider specific segments of the path to understand the impact on economic viability on a staged approach to the project.

 

·    The Western Segment is socio-economically desirable at a 7% discount rate. The CBA returns an NPV of $0.1 million and a BCR of 1.01, indicating a present value return of $1.01 for every dollar of cost. The Western Section returns a negative NPV at a 10% discount rate and an IRR of 7.1%.

·    The Eastern Segment is socio-economically desirable at a 3% discount rate. The CBA returns an NPV of $0.2 million and a BCR of 1.01, indicating a present value return of $1.05 for every dollar of cost. The Eastern Section returns a negative NPV at the 7% and 10% discount rates and an IRR of 3.5%.

Grant funding is regularly available for a variety of community-based and pedestrian/safety programs or projects from key government agencies however currently there is no identified funding stream to implement any further sections of the Kalaru to Bega Shared Path.

It is recommended that any additional work on extending the current shared path should be undertaken only after considering an overall shire wide strategy which will outlined in the Bega Valley Active Transport Plan (to be developed) and not be undertaken in isolation. It should be noted that the previously adopted Bike Plan was developed in 2013/14 and while still relevant as a reference document it needs to be refreshed in the light of new Active Transport initiatives and funding opportunities.

Background

In 2014 Bega Valley Shire Council (BVSC) adopted a Bike Plan to plan and prioritise the development of key cycleway routes within the shire, with a vision that the Bega Valley be recognised for the abundance of cycling opportunities. The Tathra to Kalaru and Kalaru to Bega sections were two routes identified in the Bike Plan.

In 2017, Bega to Tathra Safe Ride (BTSR) – a community group committed to work with all levels of government to build a safe active transport link between Bega and Tathra and successfully lobbied the State Government for funding.

On 22 September 2017, Council were the recipients of $3m in funding under the NSW State Government 2017-18 Active Transport Program for the design and construction the Bega to Tathra path. As this was obviously insufficient to deliver the whole length it was negotiated that Council would construct a bike path between Tathra and Kalaru with these funds.

While the funding has enabled the successful construction of an initial 4.6km long, 2.5m wide concrete path from Tathra Public School to Kalaru, the section between Kalaru and Bega currently remains unfunded.

In addition to this funding a further allocation of $120,000 (excluding GST) from the NSW State Government was provided to progress alignment investigations (including survey, land tenure identification and a preparation of a solid cost plan) to extend the path from Kalaru to Bega.

BVSC commenced a planning phase to determine the viability and feasibility of connecting this path from Kalaru through to Bega and undertook a formal procurement process RFQ 2021-92 Feasibility Design Study – Kalaru to Bega Shared Path. As a result, PSA Consulting Pty Ltd were appointed to undertake this body of work behalf of Council.

The main project deliverables of the feasibility study included a cost estimate, a cost benefit analysis, a project limitation (opportunities and constraints) study and identification of a preferred route to extend the Shared Path network from Kalaru to Bega.

A key outcome of the Feasibility Study is to provide Council with sufficient information to make informed decisions regarding the planning and allocation of funds for any future design and construction of this project. A copy of this study is appended to this report through the following link:  Kalaru to Bega Shared Path Feasibility Design Study Feasibility Report

It is important to recognise that a positive cost benefit ratio is not always the determining factor as to whether Council provides an asset or service in the community. Likewise, if this project were to proceed at any stage there is currently no additional income source available to offset the significant ongoing annual costs for maintaining and operating the new asset. Any economic benefit derived from the project does not correlate to income available to council to look after the asset.

Options

As part of the Feasibility Study, Section 5 Corridor Alignment Options Development provides detailed commentary on the process adopted and the route alignment options developed.

Overall, four (4) alignment routes were developed based upon the site analysis and these options formed part of the community and stakeholder engagement activities to determine a preferred alignment option.

A Strengths, Weaknesses, Opportunities and Threats (SWOT) analysis of the four corridor alignment options was undertaken to better understand the potential benefits, issues and risks of each of the options and to help inform the identification of a preferred option.

The findings from the SWOT analysis and feedback provided by the community, affected landowners and key bicycle organisations directly informed the selection of a preferred corridor alignment option.

Corridor alignment Option 1 was selected as the preferred option for Kalaru to Bega Shared Path and is shown on the diagram below.

Community and Stakeholder Engagement

Engagement undertaken

As part of the Feasibility Study Section 5.3 Stakeholder Engagement provides further detailed commentary on the range of engagement activities undertaken in relation to the Kalaru to Bega Shared Path.

The public consultation was limited to the route alignment options for the path and involved completion of an online survey which was open to anyone including residents and organisations residing outside Bega valley Shire. This consultation period ran from 28 July to 18 August 2021.

The alignments and survey were publicly released on Council’s Have Your Say (HYS) online platform and supported by a social media campaign to promote the release and encourage the community to provide feedback. BVSC posted on Council’s Facebook page five times over the three-week consultation period to further promote the release and encouraged the provision of feedback via the survey, as well as issuing a media release and promoting the consultation period in the Bega Valley Together newsletter.

Additionally, BVSC undertook targeted consultation with landowners along the corridor and sought feedback from key bicycle groups including BTSR and Bicycle NSW and this is contained within the Community Consultation Report appended to the final report.

As part of the Aboriginal and historic heritage due diligence assessment members of the Bega Local Aboriginal Land Council were invited to attend a site inspection on the 25 February 2022 to assist in the assessment of the project.

Council staff presented the findings of the Feasibility Report to the BTSR group on the 30 May 2022 and published the report for their review in advance of this report to Council.

The BTSR have since raised concerns over various aspects of the report, which are linked directly to the economic viability of the project. These include the items listed below that form the basis of the cost benefit analysis assessment.

 

1.    The upfront capital cost of the Bega to Kalaru Path

2.    The projected usage demand of the Bega to Kalaru Path

3.    The value-add from supported Tourism Activity

The specific concerns and queries have been individually addressed by staff in a letter to the BTSR which is appended to this report.

Staff acknowledge that that projected usage figures and the value-add component from tourism can be highly subjective. The feasibility study qualified all assumptions made within the body of the report and used open source data from various NSW agencies and by doing so seeks to provide an independent and unbiased assessment of the project using a holistic cost benefit analysis as a primary tool. 

Engagement planned

No further engagement activity is planned in relation to the planning phase for the Kalaru to Bega Shared Path at this stage.

Any further community engagement activity would be specific to the staging and delivery phases and priorities of the preferred corridor alignment for the Kalaru to Bega Shared Path.

Financial and Resource Considerations

As part of the Feasibility Study, Section 8.4 Cost Estimate provided an in-depth analysis of the overall estimated cost of the deliver project. The cost of construction for the Option 1 alignment is estimated at ~$18.8M as of January 2022.

The cost estimate is based upon several high-level assumptions, and it is considered appropriate to allocate a 25% project contingency at this concept and feasibility stage. It is recommended that further design works such as flood modelling, geo-technical investigations, boundary surveys, land acquisition estimates etc. would be required prior to reducing any project contingencies.

A Cost Benefit Analysis (CBA) to estimate the value of the project in terms of long-term benefits to the community versus the project costs was also undertaken and is included in the final report and further discussed in this report.

The following table shows how the Active Transport funding was allocated and identifies that any further development of the Kalaru to Bega Shared path currently remains unfunded.

Item

$ Excl GST

Expenditure Detail

 

Design and Delivery of the Tathra to Kalaru Shard Path

 

Tathra School Portion – Bega Bobcats (completed)

~$276,000

Tathra Urban Portion – Michelin & Sons (completed)

~$538,000

Tathra to Kalaru Section – Michelin & Sons (completed)

~$901,000

Bridges Package – Guidelines South East (completed)

~$315,000

Kalaru Village Section – BVSC Works Team (underway)

~$715,000

Bega to Kalaru Feasibility – PSA Consulting (completed)

~$131,000

Other Project Costs (completed)

-     Design Costs

-     Survey Costs

-     Environmental Studies

-     Heritage Approvals

-     Land Acquisition

-     Legal Costs

-     Project Management Costs

~$244,000

Actual Cost for the delivery of the Tathra to Kalaru Shared Path

~$3,120,000

Design and Delivery Costs of the Kalaru to Bega Shared Path

 

Project Documentation comprising traffic management, environmental management, and cultural heritage plan

$48,000

Widen existing bikeway network (Chainage 0 to 750m)

$566,364

Construction of a new 2.5m wide shared path on Option 1 alignment (Chainage 1800m to 11747m)

$13,519,148

Signage Management Devices

$54,400

Indirect Costs

 

-     Contractor Preliminaries

$361,300

-     Supervision and QA

$123,864

-     Engineering

$141,879

-     Certification

70,939

-     Survey and Geotechnical Investigation

$141,879

-     Other contract Allowances

$231,500

-     Land Acquisitions

Excluded

Contingency (25% of Direct Costs)

$3,546,978

Estimated Cost for the delivery of option 1 Alignment for the Kalaru to Bega Shared Path as of January 2022.

~$18,800,000

Total Expenditure

~$21,920,000

 

 

Source of Funds

 

NSW Govt Funding - 2017-18 Active Transport Program

$3,000,000

Additional NSW Govt Funding – Feasibility Study

$120,000

Total income available

$3,120,000

 

 

Total Project Capital Cost

~$21,920,000

Total Available Construction Funding

$3,120,000

Project Funding Shortfall

-$18,800,000

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts

$ Excl GST

Capital Investment | Renewal, Upgrade, New

$21,920,000 

Annual maintenance and operational costs

$190,000 per year

(allowance of 1% of the initial capital cost)

Depreciation costs assuming 100 year life (note this assumption may underestimate depreciation and further detailed analysis would be requried)

 $219,200 per year

User charges (annual income)

 $nil

 


 

The delivery priorities for staged implementation of the preferred corridor alignment for the Kalaru to Bega Shared Path, subject to funding and other Shire wide priorities, are recommended to be delivered as follows:

These priorities for the Kalaru to Bega Shared Path were influenced by the following inputs:

·    Key findings from the review of the existing situation, particularly in relation to land use planning, demographics, and network usage

·    Consideration of transport network upgrades currently planned by BVSC

·    Feedback provided by the key community stakeholder group during the Route Options Alignment Workshop

·    Feedback provided by the community during community consultation

·    Consideration of the ability to secure grant funding.

In addition, Council has submitted funding applications under the NSW Government Walking and Cycling Program 22-23 for the following projects:

·    Bega Valley Active Transport Plan – this would serve to inform our future program and investment across the shire on active transport infrastructure.

·    Detailed design for the Kalaru to Bega Path Segment 1 – (between Bega township in the north and the existing shared path in the south, near Rose Street) as this serves the greatest number of people and will improve pedestrian and cycle connectivity and safety between Bega and the hospital. ​

·    Kalaru Shared Path (Stage 3c) - construction of the missing middle section within the Kalaru village and complete the shared path connection from Tathra to Kalaru.

·    Detailed design for Pambula Missing Links Design - this design would link the wetlands to town, this would include the design of a new path with a change in road alignment.

Grant funding is regularly available for a variety of community-based and pedestrian/safety programs or projects from key government agencies however currently there is no identified funding stream to implement any further sections of the Kalaru to Bega Shared Path.

It is recommended that any additional work on extending the current path should be undertaken only after considering the overall shire wide strategy outlined in the Bega Valley Active Transport Plan (to be developed) and not be undertaken in isolation.

Legal /Policy

As part of the Feasibility Study Section 3.0 Strategic Context addresses a range of local and state policies.

Overall, the proposed path is directly recognised in and supported by current local government planning, including BVSC’s 2014 Bike Plan and Local Strategic Planning Statement.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposed path helps to satisfy relevant aspects of current State Government policy, including Future Transport Strategy 2056 and the South East and Tablelands Regional Plan 2036, by providing opportunities to integrate walking and cycling, encouraging walking and cycling in regional areas, supporting increased rates of walking and cycling to work and to accommodate demand and leverage opportunities associated with tourism.

Environment and Climate Change

As part of the Feasibility Study Section 8.0 Feasibility addresses a range of environmental factors. The key findings are summarised below, and the individual issues can be appropriately managed as and when the project progresses:

·    Provided appropriate mitigation measures are followed, no significant impact to a threatened species likely to result in the extinction of a local population is expected as a result of the provision of the proposed path.

·    The corridor constitutes critical habitat for the Koala, however, given the small area of impact and a lack of recent Koala records, it was determined that referral was not needed.

·    The provision of the proposed path is not anticipated to result in significant exacerbation to habitat fragmentation given the already poor connectivity offered by the corridor

·    Provided adequate mitigation measures are followed, no significant impact to any listed Matter of National Environmental Significance entity is expected as a result of the provision of the proposed path

·    No specific threatened species are associated with any of the watercourses within the footprint of the corridor, the provision of the proposed path will not directly interfere with any identified Key Fish Habitats and, provided appropriate mitigation measures are followed, the proposal should not have a significant effect on aquatic life

·    There are no known Aboriginal objects within the study area and there is little likelihood of the study area containing subsurface archaeological deposits of conservation value

·    An Aboriginal Heritage Impact Permit is not required for the provision of the proposed bike path

·    Provision of the proposed path will not physically impact the curtilages of, or views to/from, any of the three heritage sites adjacent the corridor. There are no items of significant historic heritage value in the study area

It should be noted that the preferred alignment of the Kalaru to Bega Shared Path is located within the flood plain of the Bega River and this should be considered in the provision of any infrastructure to ensure it is resilient and fit for purpose into the future.  It is recommended that further flood modelling is undertaken to determine actual flood immunity of specific sections and impacts on levels of service of the proposed path.

 Economic

In accordance with the Local Government Act projects with an expected project cost in excess of $10m are required to undertake an economic/market appraisal which includes a cost/benefit analysis test (where major benefits can be quantified).

The analysis needs to be conducted with objectivity and balance. The cost benefit analysis has to account for benefits to the public as a whole. It is important that the views and assumptions used in the analysis are thoroughly tested for validity and reasonableness. In particular, it should be ensured that views of the wider community are considered.

The analysis of the benefits and costs needs to be unbiased and the conclusion transparent. This helps ensure that the conclusion has not been predetermined. The analysis must be rigorous, where conclusions follow logically from the analysis and the evidence considered.

The economic/market appraisal should show a positive result in terms of monetary or community benefit. As part of the Feasibility Study Section 8.4.2 Cost Benefit Analysis provides the estimated value of the project in terms of long-term benefits to the community versus the project costs and the findings are summarised below.

In accordance with the NSW Governments guidelines for Cost Benefit Analysis the recommended social discount rate used was 7 per cent (in real terms). Sensitivity testing was undertaken at 3 per cent and 10 per cent (in real terms).

Based on this rate, the following results of the Cost Benefit Analysis (CBA) were identified below, this suggests that the project may not be economically desirable or provide a net financial benefit now.

It is understood that the benefits and costs of this project are not distributed equally across all path segments as some locations have significantly greater (and unavoidable) infrastructure requirements and correspondingly higher costs while also providing lower direct, localised benefits. These segments are critical to the overall continuity and safety of the path but negatively skew the results of the financial analysis.

As a result, an additional high-level CBA analysis was undertaken to consider specific segments of the path to understand the impact on economic viability.

The analysis was undertaken using the same underlying assumptions as for the full corridor, with minor adjustments based on the assumed share of total benefits attributed to the segment (given the length and potential usage level).

The Cost Benefit Analysis results indicate:

·    The Western Segment is socio-economically desirable at a 7% discount rate. The CBA returns an NPV of $0.1 million and a BCR of 1.01, indicating a present value return of $1.01 for every dollar of cost. The Western Section returns a negative NPV at a 10% discount rate and an IRR of 7.1%.

·    The Eastern Segment is socio-economically desirable at a 3% discount rate. The CBA returns an NPV of $0.2 million and a BCR of 1.01, indicating a present value return of $1.05 for every dollar of cost. The Eastern Section returns a negative NPV at the 7% and 10% discount rates and an IRR of 3.5%.

It should be noted that as part of the CBA consideration was given to the Value Add from Supported Tourism Activity from the creation of the path which in turn will generate an economic impact through additional tourist expenditure within the local community.

To model these impacts, average Destination NSW (2021) visitor expenditure ($168 per visitor night and $94 per day trip) were applied to the projected visitation increase of approximately 6,900 visitor nights and 1,100 day trips.

The associated annual tourism spend of approximately $1.3 million was converted to a direct value added estimate for inclusion as a net benefit stream. The resulting annual benefit of approximately $530,000 was applied within the CBA from 2023/24.

Sensitivity testing was undertaken using a Monte Carlo simulation, which tests the impact of changes in input assumptions thousands of times based on a defined probability distribution. The simulation tested each of the variables in isolation with all other inputs held constant, with the results reported in the following table in terms of the modelled change in NPV resulting from the variance in the base assumptions at a discount rate of 7%.

The final row of the table examines each assumption simultaneously to provide a ‘combined’ or overall sensitivity of the model findings to the assumptions used.

The sensitivity analysis applied the following variable distributions:

·    Costs: Maximum 30% higher and lower than the base values.

·    Benefits: A normal distribution with a standard deviation of 0.2.

The table below outlines the distribution of NPV allowing for a 10% confidence interval, with the ‘5%’ and ‘95%’ representing a 90% probability that the NPV will be within the range outlined in the table.

The table below shows, at a discount rate of 7%, there is a 90% probability the Project will provide an NPV of between -$13.6 million and -$5.5 million. Sensitivity testing returned a negative NPV across 100% of the 5,000 iterations run in the Monte Carlo analysis.

Risk

The feasibility study does not identify any project specific risks which would prevent the physical delivery of the project that could not be appropriately managed with in the detailed design stage assuming there are sufficient staff resources, project budget and program durations.

Key Project Opportunities:

·    The project can provide an uninterrupted, safe and scenic cycleway from Kalaru to Bega with this alignment.

·    Due to the location of this alignment, the views and atmosphere would be a drawcard for cycling tourism.

·    All cycleway users would be insulated from traffic (except for the two designated road crossings). This could potentially reduce possibility of serious crashes and reduce fatalities on the Bega-Kalaru Road.

·    If undertaken, this project will be a major piece of infrastructure for the region, stimulating jobs and growth during construction.

·    It has the potential to be the cornerstone of an extended, interconnected bicycle path for the whole region; greatly increasing the scope for further cycleway projects.

Key Project Risks:

·    The estimated project cost is based on several assumptions and further design works such as flood modelling, geo-technical investigations, boundary surveys would be required prior to reducing any project contingencies and subject to a detailed design phase to ensure the cost estimates accurately reflect the project challenges.

·    Flood immunity has not been modelled for this design alignment. Further investigation will be required in order to determine actual flood immunity of specified sections and impacts on levels of service.

·    Several sections of the works extend outside the gazetted road corridor. Land acquisitions, cattle grid sizing and placement, re-fencing costs and livestock considerations have not been included in this investigation. These items have

·    potential significant influence on project cost and schedule.

It is recommended that if individual segments of the project were to proceed a further a series of risk workshop(s) are undertaken prior to commencing each stage of the project to ensure risks are appropriately managed in consideration of program and budget.

Social / Cultural

As part of the Feasibility Study Section 4.0 Corridor Objectives provides further commentary on how this project addresses Social and Cultural issues. These were informed by the findings of stakeholder engagement and a review of existing land use planning and policy, demographics, environment and cultural heritage, and multi-modal transport situations, including consideration of existing and potential future users.

Attachments

1.         Letter- Bega Tathra Safe Ride- response to queries

 


Council

20 July 2022

Item 9.2 - Attachment 1

Letter- Bega Tathra Safe Ride- response to queries

 

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Council 20 July 2022

Item 9.3

 

9.3Lease to RBA Holdings Pty Ltd at Tura Beach reservoir site     

Council approval is sought to offer RBA Holdings Pty Ltd further tenure of nine (9) years for their continued occupation of part Lot 2 DP 826717 at Tura Beach reservoir site.

Director Assets and Operations  

Officer’s Recommendation

1.    That Council receive and note the report.

2.    That Council approve tenure of nine (9) years in the form of 3 x 3-year leases to RBA Holdings Pty Ltd for their continued occupation of part Lot 2 DP 826717 at Tura Beach reservoir site for an annual market rental of $12,870 including GST per annum less a rental rebate of 67%. This equates to a starting rental of $4,247.10 per annum plus the additional fees associated with co-location of an additional entity.

3.    That RBA Holdings Pty Ltd, be responsible for the payment of all costs associated with the lease extension.

4.    That Council authorise the Chief Executive Officer and Mayor to execute all necessary             documentation to provide the extension of tenure.

 

Executive Summary

The current lease agreement for RBA Holdings Pty Ltd (RBA) to occupy part Lot 2 DP 826717 at Tura Beach reservoir site for telecommunication purposes expired on 22 May 2022. Council approval is being sought to enter into a new lease agreement with RBA for a further nine (9) year term.

Background

Council resolved at its Ordinary Meeting of 9 February 2022, when considering the extension of tenure to RBA at Tura Beach reservoir site to defer the matter to a Councillor workshop.

As outlined in the attached report of 9 February 2022, RBA own the 50-metre-high digital television broadcast repeater facility at the site and their occupation for this infrastructure on Council land expired on 22 May 2022. 

It should be noted that Council’s Rental Assessment and Rebate Procedure excludes leases and licences where the lessee/licensee is not a charitable or not-for-profit organisation, however in this case Council officers assessed a rental rebate application for RBA and included the results of the assessment in the report of 9 February 2022. Precedent had been set previously as Council has granted RBA a rebate of 40% off the market rent since 2012. It is important to note that RBA is not a profit generating enterprise (albeit without Not-for-Profit status), does not receive any advertising revenue and does not receive government funding. As a result of this, some landowners (such as Cairns Regional Council) only charge a peppercorn rent if demanded for tenure on their land.

As stated above, RBA is not a not-for profit community-based organisation that Council’s Rental Assessment and Rebate Procedure is aimed at, it is a member-based organisation formed by commercial regional broadcasters to re-transmit terrestrial digital television services in areas known as ‘black spots’ to implement the Commonwealth Government’s policies. Without RBA, many people in remote rural areas would not receive a terrestrial digital television signal. Attached is RBA’s financial report for June 2021 which shows that RBA does not generate a profit.

Options

The options available to Council are:

1.    Accept the recommendation provided by Council officers to approve tenure of nine (9) years in the form of 3 x 3-year leases to RBA for their continued occupation of part Lot 2 DP 826717 at Tura Beach reservoir site for an annual market rental of $12,870 including GST per annum less a rental rebate of 67%.  This equates to a starting rental of $4,247.10 per annum.

2.    Approve tenure of nine (9) years in the form of 3 x 3-year leases to RBA for their continued occupation of part Lot 2 DP 826717 at Tura Beach reservoir site for an annual market rental of $12,870 including GST per annum and advise RBA that Council no longer supports a rental rebate.  Noting this option may result in RBA no longer providing the service to the community.

3.    Approve tenure of nine (9) years in the form of 3 x 3-year leases to RBA for their continued occupation of part Lot 2 DP 826717 at Tura Beach reservoir site for an annual market rental of $12,870 including GST per annum less a rental rebate of 40% which is what they are currently receiving. This equates to a starting rate of $7,722 per annum including GST.

4.    Approve tenure of nine (9) years in the form of 3 x 3-year leases to RBA for their continued occupation of part Lot 2 DP 826717 at Tura Beach reservoir site for an annual market rental of $12,870 including GST per annum less a rental rebate percentage to be determined by councillors taking into consideration RBA’s responses in the attached rental rebate application. 

Community and Stakeholder Engagement

Engagement undertaken

Council officers have discussed the proposed extension of tenure with representatives from RBA who have indicated they would like an extension of the current tenure of nine (9) years in the form of 3 x 3-year leases.

Engagement planned

Council officers will continue to liaise with RBA and legal representatives to formalise the extension of tenure.

Financial and Resource Considerations

An updated market rental assessment was commissioned by Council from Opteon Valuers in December 2021 which indicates a starting rental figure in the order of $11,700 plus GST per annum, to be increased annually by CPI (All Groups –Sydney). In accordance with Council’s Management of Leases and Licences Procedure, an updated market rental valuation will be commissioned every five (5) years to determine the appropriate rental for the following five (5) year term.

With areas such as the Bega Valley experiencing unprecedented hardship with droughts, flooding, bushfires, and a global pandemic, providing a digital terrestrial television signal to ‘black spot’ communities is considered important for the dissemination of information and RBA is essentially providing a community service which is why they have applied to continue to receive a rental rebate, in line with Council’s Rental Assessment and Rebate Procedure. Their application was evaluated using the matrix contained in the procedure by a panel of Council officers that included representatives from Property Services, Economic Development and Information Technology teams and the rental rebate achieved was determined to be 67%, a substantial increase from the previous rebate of 40%. 

Liaison with external legal representatives will be required to arrange the new lease documentation.  Ongoing management of the lease agreement during the term will also require Council officer resources.

Legal /Policy

Lot 2 DP 826717 is Council-owned operational land zoned SP2 Infrastructure under the Bega Valley Local Environmental Plan 2013.

Section 53 of the Real Property Act 1900 (NSW) (RP Act) provides that land leased for more than three (3) years must be in the approved form and Section 42(1)(d) of the RP Act and the Registrar-General’s Guidelines, requires a lease for a term exceeding three (3) years to be registered on title.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Delivery Program: 6.12.12- Develop and manage Council’s owned and managed land portfolio.

RBA is fully responsible for the ongoing maintenance and structural integrity of the tower and equipment at the site, therefore not included on Council’s Asset Register as a liability.

Environment and Climate Change

There is no environment and climate change matters associated with the proposed lease extension.

Economic

The lease agreement to RBA provides an economic benefit to Council and the community.

Risk

It has been determined by Council officers that there are no adverse risks in allowing the land to continue to be occupied by RBA if the use is authorised by way of a formal lease agreement which contains appropriate indemnity and insurance clauses.

Social / Cultural

As mentioned in the financial and resource considerations section of this report without RBA, many people in the Bega Valley would not receive a terrestrial digital television signal which is important for the dissemination of information to the community.

Attachments

1.            Opteon Valuation Lot 2 DP 826717 Sapphire Coast Drive, Tura Beach (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

 

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

 

 

2.         Council report date 9 February 2022 - Lease to RBA Holdings Pty Ltd at Tura Beach reservoir site

3.            RBA Holdings Pty Ltd Financial Report 30 June 2021 (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

 

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

 

 

 


Council

20 July 2022

Item 9.3 - Attachment 2

Council report date 9 February 2022 - Lease to RBA Holdings Pty Ltd at Tura Beach reservoir site

 

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Council 20 July 2022

Item 9.4

 

9.4Assignment of Lease - Lease Site LS-09 at Merimbula Airport            

The lessee of lease site LS-09 at Merimbula Airport has formally advised they are selling their business and are requesting Council approval to assign the remaining lease term to a new owner.

Director Assets and Operations  

Officer’s Recommendation

1.    That Council receive and note the report.

2.    That Council approves assignment of the lease for lease site LS-09 at Merimbula Airport from Bakersair Pty Limited to the Trustee for the Bourke Family Trust.

3.    That the applicant be responsible for the payment of all costs associated with the assignment of lease process.

4.    That the Mayor and Chief Executive Officer be authorised to execute the necessary documentation to formalise the above course of action.

 

Executive Summary

Formal Council approval is required to assign the remaining lease term for lease site LS-09 at Merimbula Airport from Bakersair Pty Limited (Bakersair) to the Trustee for the Bourke Family Trust.

The Trustee for the Bourke Family Trust has advised he intends to run the business in a similar fashion to the previous owners, maintaining the same location.

Background

Council approved a land only lease to Bakersair of lease site LS-09 at Merimbula Airport at its Ordinary Meeting of 31 October 2018. Bakersair operate the secure carpark business from a hangar located at the airport site. Bakersair’s occupation of lease site LS-09 is by way of a formal lease agreement which has been registered on title and does not expire until 30 June 2024.

Council officers were recently advised Bakersair are selling their secure carpark business and the new business owners will be the Trustee for the Bourke Family Trust.  Mr Bourke currently leases LS-08 so is therefore considered to be a suitable lessee. 

Options

The options available to Council are:

1.    Approve the assignment of the current lease to the proposed new business operator as recommended in this report.  As the business (and hangar building) is being sold, it is in the best interest of Council (as lessor) to assign the remaining term of the lease to the new business owners.

2.    Provide approval for the current lessee to surrender the remainder of their lease term, with Council officers conducting a further public EOI process to locate a new tenant for the site or maintaining vacant possession. This option would require the existing tenant to vacate the site which would include removal of the building.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have consulted with both the current airport lessee and the proposed new owner regarding the assignment of lease site LS-09 and will continue to keep them well-informed of the assignment of lease process.

Engagement planned

Council officers will continue to consult with the lessee, new owner and legal representatives to action the resolution of Council.

Financial and Resource Considerations

The current rental for lease site LS-09 at Merimbula Airport is $21,717.58 per annum with an annual CPI increase.

The applicant has paid the assignment of lease fee as contained in Council’s Fees and Charges Schedule, currently set at $585 (including GST).  This fee covers the cost of Council officer time to attend to this matter and ensure the documentation prepared by the assignor’s solicitor meets Council’s requirements.

The applicant will also be required to pay for all costs associated with this matter, including all legal costs and registration fees to formalise the matter.

Legal /Policy

Under clause 11.1 of the lease agreement the lessee must not assign or transfer the lease without Council’s written consent.

As the lessee will also be required to pay for all costs associated with this matter, including all legal costs, and registration fees to formalise the matter they may instruct a legal representative of their choice to prepare the necessary Deed of Assignment documentation for review by Council. The Deed of Assignment will provide the new owner the same rights and privileges as the current lessee and ensure they also comply with the existing terms and responsibilities contained in the current lease until the end of the term.  The Deed will need to be executed by Council’s Mayor and Chief Executive Officer if approved by Council.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The hangar building is owned by the lessee of the site, with the land only leased from Council.  The building is therefore not included on Council’s Building Asset Management Plan.

Environment and Climate Change

There is no environment and climate change matters associated with the proposed assignment of lease process.

Economic

As detailed above in the finance section of this report there is an economic benefit to Council in continuing to lease site LS-09 at the Merimbula Airport.

Risk

Council officers consider there are no adverse risks to Council should the new owner’s default on the terms of their lease, as the agreement could be terminated by Council requiring only one (1) months’ notice.

Social / Cultural

There are no social / cultural matters associated with the proposed assignment of lease process.

Attachments

Nil

 


Council 20 July 2022

Item 9.5

 

9.5RFT 2122-040 Mount Darragh Road and Tantawangalo Mountain Road DRFA Restoration Works       

This report outlines the evaluation of tender RFT 2122-040 Mount Darragh Road and Tantawangalo Mountain Road Disaster Recovery Funding Arrangements (DRFA) Restoration Works and recommends award to the preferred tenderer.

Director Assets and Operations  

Officer’s Recommendation

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

2.    That Council accepts the tender from XXXX in relation to contract for the works for separable portion A, as described in tender 2122-040, in the amount of $XXXX (excluding GST), subject to variations and provisional sums

3.    That Council rejects the tenders in relation to contract for works for separable portion B, as described in tender RFT 2122-040, and enter negotiations with the recommended tenderer

4.    That authority is delegated to the Chief Executive Officer to execute all necessary documentation in relation to RFT 2122-040

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

 

Executive Summary

This is a large-scale disaster restoration project, with works located within the Mount Darragh and Tantawangalo Mountain areas.  The project aims to rectify damages caused by multiple natural disaster events and is funded under the Australian Government Disaster Recovery Funding Arrangements (DRFA). The project has defined completion dates, determined by the DRFA guidelines, which will be enforced by the authorising agency, Transport for NSW (TfNSW). 

The procurement process has been carried in accordance with standard Council procedure. 

The expectation is that the project will be fully funded under the DRFA however, negotiations with TfNSW will need to occur to confirm funding arrangements for contract of works outlined within separable portion B.  The project is unlikely to impose any significant financial burden on Council in the future.  No significant risks or liability to Council has been identified in relation to community and stakeholder engagement, environmental, economic, or social impacts. 

Background

The project involves restoration to 151 damage locations within the Mount Darragh and Tantawangalo Mountain areas, caused during the following declared natural disaster events:

·    Bushfires – December 2019/January 2020 

·    Flood Event – February 2020 

·    Flood Event – July 2020 

·    Flood Event – August 2020 

·    Flood Event – March 2021 

·    Flood Event – May 2021 

 

Key Objectives

 

·    Complete all works within the specified timelines to align with DRFA guideline funding requirements and deliver works within the allocated budget

·    Ensure the quality of work detailed in relevant designs, specifications and standards are achieved

·    Ensure that personnel working onsite, members of the public and visitors to the site are adequately protected from risk of injury or illness

·    Ensure that appropriate environmental protection measures are implemented on works undertaken within the work areas

 

All 151 restoration damage locations have been scoped and estimated, with approval endorsed by TfNSW that the proposed restoration works align with DRFA guidelines. 

 

Restoration works are to be performed on various asset types including:

·    Embankments 

·    Culverts and floodways 

·    Sealed Roads 

·    Unsealed Roads 

·    Stormwater Infrastructure 

 

The project has been divided into two separable portions: 

·    Portion A – construct only, schedule of rates contract

·    Portion B – design and construct retaining structures, lump sum contract

 

To allocate the 151 damages to appropriate separable portions of the contract, the damages were categorised under the following types of work: 

·         Maintenance and minor works (separable portion A) – Works that did not require an engineering design.  Typical types of damages included repairs to table drains, desilting and repair to stormwater infrastructure, unsealed road repairs, sealed road repairs and minor embankment repairs. 

·         Construction of retaining walls (separable portion A) – Four significant lower embankment repairs where council has engaged Cardno to provide engineering design solutions.  The design for Rocla mass block retaining walls were reviewed and approved by council and TfNSW representatives. 

·         Design and construct retaining walls (separable portion B) – Council identified embankment stabilisation damages that required site investigations and engineering design to ensure fit for purpose solutions. 

 

A focus on ensuring adequate resource was allocated to the planning phase of this project has resulted in several positive outcomes, including: 

·    Continued engagement and negotiations with TfNSW have resulted in the approved funding of over $10 million being allocated to the project

·    TfNSW approving an extension of time for the delivery of the project, due to the scale and impact of subsequent disaster events

·    Where appropriate, damages have been scoped to improve the resilience of Council infrastructure, with a focus on minimising the impact of future events

·    Undertaking the review of environmental factors (REF) once the scope was approved, supported early identification of the likelihood of environmental impacts and allowed for a successful due diligence process in relation to aboriginal heritage impacts and early consultation with NSW Department of Primary Industries (Fisheries) 

·    The decision to pursue separable portions in the RFT has improved the likelihood of meeting DFRA delivery timelines and provided opportunity for council to negotiate with tenderers without delaying the commencement of works

Options

During the tender evaluation process, the following options were discussed and are proposed for consideration by council.  Noting that the options have been listed in order of preference by the tender evaluation panel. 

 

1.    Award separable portion A to the preferred tenderer.  Enter negotiations with the preferred tenderer and TfNSW in relation to separable portion B. 

2.    Award separable portion A to the preferred tenderer. Enter negotiations with all tenderers and TfNSW in relation to separable portion B. 

3.    Enter into negotiations with all tenderers in relation to separable portion A and B of the contract. 

 

See below table summarising pros and cons of each option. 

 

Summary of Options 

Option 

Pros 

Cons 

1. Allows commencement of works to align with tender program for separable portion A, which meets the funding delivery timeline requirements

2. Removes delivery complexities if single contractor is awarded both portions of work

3. Pricing for separable portion A falls within allocated budget

1. The potential for additional cost savings is improved if negotiations occur between council and multiple contractors 

1. Allows commencement of works to align with tender program for separable portion A, which meets the funding delivery timeline requirements

2. Opportunity to identify increased cost savings in separable portion B if negotiations occur between council and multiple contractors

3. Pricing for separable portion A falls within allocated budget

1. Increases potential of complication during delivery and completion phases of the project if different contractors are awarded separable portion A and B

2. Increases the likelihood in extended delivery timelines which could result in missed funding deadlines and subsequent retraction of agreed funding 

1. Opportunity to identify increased cost savings in separable portion A and B if negotiations occur between council and multiple contractors. 

1. Increases the likelihood in extended delivery timelines which could result in missed funding deadlines and subsequent retraction of agreed funding

2. Delays commencement of works 

3. Increases the likelihood of further deterioration of council's transport assets  

 

 

 Community and Stakeholder Engagement

Engagement undertaken

Focused engagement with the communities affected by the bushfires through community meetings held in both Wyndham and Candelo.  The meetings were held to inform and consult on response activities and provide insight on the recovery process.  The level of engagement offered for the subsequent flood events was reduced although council staff utilised other available communication options i.e. social media, BVSC Website and the local media outlets to inform the community of impacted infrastructure. 

Council staff have continued to engage with external agencies including TfNSW, NPWS and OEM to ensure the response and recovery to the natural disasters was in line with legislative requirements and promote best practice in disaster recovery. 

Engagement planned

The project team will continue to engage with the key stakeholders throughout the remaining phases of the project.  There is a commitment to inform stakeholders through project updates using standard communication mediums.  The successful tenderer will be required to ensure stakeholders and community expectations are well managed throughout the construction phase.  A communication and liaison plan has been submitted by the tenderers which aligns with the requirements set in councils adopted community engagement strategy. 

Key stakeholders identified for the project include, but not limited to:

Council Staff/Consultants

·         Infrastructure and Services

·         Procurement

·         Works and Assets

·         Communications

·         TA Project Services (project manager) 

External

·         Transport for NSW (TfNSW)

·         National Parks & Wildlife Service (NPWS) 

·         Office of Emergency Management (OEM) 

Community & residents

·         Wyndham, Tantawangalo & Candelo communities

·         Local school bus companies 

·         Department of Primary Industry (Fisheries) 

·         Bega Local Aboriginal Land Council (LALC)

Financial and Resource Considerations

Disaster Recovery Funding Arrangements provides Council with an approved total estimated restoration cost (TERC) budget to carry out the delivery of works.  Cost control measures are in place during the procurement and delivery process to ensure the project is completed within the approved TERC. 

Refer confidential memo for table displays of expenditure against available income for Separable Portion A and B.

 

Separable Portion A 

Item 

$ Excl GST  

Expenditure detail 

 

Preferred tenderer submission 

Design costs 

Project management/environmental review 

Principal supply items 

Total Expenditure 

Refer to the confidential memorandum

 

 

Source of Funds 

 

DRFA funding 

Total income available 

Refer to the confidential memorandum  

  

  

Total Project Capital Cost 

Refer to the confidential memorandum  

Total Available Construction Funding 

Refer to the confidential memorandum  

Project Funding Surplus/Shortfall  

Refer to the confidential memorandum    

 

 

Separable Portion B 

Item 

$ Excl GST  

Expenditure Detail 

 

Preferred tenderer submission 

Confidential  

Aboriginal heritage consultancy 

Project Management/Environmental Review 

Total Expenditure 

Refer to the Confidential Memorandum    

 

 

Source of Funds 

 

DRFA funding 

 

Total income available 

Refer to the Confidential Memorandum    

  

  

Total Project Capital Cost 

Refer to the Confidential Memorandum    

Total Available Construction Funding 

Refer to the Confidential Memorandum    

Project Funding Surplus/Shortfall 

Refer to the Confidential Memorandum    

 

Financial Option Impacts | Life Cycle Costing   

A portion of the works are considered maintenance activities however, construction of retaining structures should be considered a capital upgrade with minimal to no maintenance. 

 

Ongoing Financial Impacts 

$ Excl GST 

Capital Investment | Renewal, Upgrade, New  

$9,392,212  

Annual maintenance and operational costs  

$0 

Depreciation costs (100yr design life) 

$93,922  

User charges (annual income) 

$0  

Legal /Policy

The tender process for RFT 2122-040 was compliant with the Local Government Act 1993 and in accordance with Bega Valley Shire Council Policy 6.08 Procurement of Assets and Services.  

 

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Outcome 4: Liveable places 
Goal 8: Our places retain their character and scale, development is well planned, and a range of goods and services are available within our shire that meet local needs.  
Strategy 18: Provide infrastructure and services to meet the ranging needs of residents in our towns, villages and rural areas

Environment and Climate Change

An individual review of environmental factors (REF) was undertaken for both sites during the planning phase of the project.  The REF identified no significant impacts are likely however, there was a requirement to perform further due diligence investigations in relation to aboriginal heritage impacts and the requirement for two fisheries permits to be prepared once designs had been approved.  The project brief and specification detail the environmental impacts considered, and safeguards required to minimise impacts. The contractor is required to produce an environmental management plan meeting the requirements of government regulations and industry guidelines during construction activities, which will be monitored by council and project staff 

Economic

The disaster recovery funding arrangements (DRFA) are a joint funding initiative of the Australian and State Governments to provide disaster relief and recovery payments and infrastructure restoration to help communities recover from the effects of natural disasters

 Risk

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

A contingency amount is included in project cost to address design omissions or latent conditions during construction phase.  Consistent with the conditions of contract, all variations will be approved by council prior to implementation. 

A risk assessment will be maintained throughout the duration of the construction works and staff will monitor all risks associated with safety, environment, budget, program timeframe and public relations. 

Social / Cultural

As previously referenced, an Aboriginal due diligence investigation was carried out which identified it was unlikely the works would pose any significant risk. 

Attachments

1.            2022.07.20 Confidential Memo RFT 2122-040 Mount Darragh Rd and Tantawangalo Mountain Rd20 DRFA Restoration Works (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

 

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

 

 

  


Council

20 July 2022

 

 

Staff Reports – Business and Governance

 

20 July 2022

 

10.1            Review of Council Policies - adoption of exhibited documents Batch 1 submissions received........................................................................................................................... 233

10.2            Review of Council Policies - adoption of exhibited documents Batch 1........... 239

10.3            Review of Council Policies - Batch 4.................................................................. 242

10.4            Certificate of Investment June 2022................................................................. 247

10.5            Audit, Risk & Improvement Committee Quarterly Report June 2022.............. 253

10.6            Code of conduct reviewer panel 2022 - 2026................................................... 255

10.7            Local Government NSW Annual Conference 2022........................................... 259


Council 20 July 2022

Item 10.1

 

10.1. Review of Council Policies - adoption of exhibited documents Batch 1 submissions received     

This is a follow up report to Council on policies that have been reviewed by relevant council officers in accordance with Section 165 of the Local Government Act 1993, reported to Council 4 May 2022 and exhibited for comment until 19 June 2022, where submissions have been received.

Director Business & Governance  

Officer’s Recommendation

1.    That Council adopt Draft Policy 4.04 companion animal management with amendments as outlined in this report

        2.    That the adopted companion animal management policy be published on Council’s   website

 

Executive Summary

The Local Government Act Local Government Act 1993 Section 165 states that Council’s local approvals and orders policies are automatically revoked 12 months after each ordinary election unless adopted after the election.

A review schedule was proposed and endorsed by Council at its meeting on 20 April 2022.  All of Council’s currently adopted policies required review as part of the schedule. To facilitate the review process, the documents were separated into five (5) batches.  The review of the first batch of polices was presented to Council at its meeting on 4 May 2022 The documents were endorsed by Council in draft form and exhibited for submission for 42 days. A copy of that report can be viewed here:   10.1 Review of Council Policies    Minute. Submissions closed on 19 June 2022. 

An amendment to the policy was noted prior to exhibition. The amendment was an update in the references to guiding regulations.

Background

In regard to policies presented to Council on 4 May 2022 (Batch 1), documents had been reviewed by Council officers and the amended documents were endorsed for exhibition.

An amendment was identified in the Draft Policy 4.04 Companion Animal Management. This related to a requirement to update the legislative references in the document. The change has been made and no further exhibition is required as it is a minor administrative amendment that does not change the intent of the policy.  A copy of the document showing the changes is attached.

Options

Council has the following options when reviewing its policies:

1.    Adopt the draft companion animal management policy with no changes.

2.    Adopt the draft companion animal management policy with changes (recommended).

3.    Revoke the companion animal management policy.

Community and Stakeholder Engagement

Engagement undertaken

Relevant council officers have been engaged internally as subject matter experts for the purpose of reviewing the content of policies presented within this report. 

The draft policies listed above were on public exhibition for a period of more than 42 days and members of the public were given the opportunity to make submissions on the draft policies.

Engagement planned

No further engagement is required prior to adoption of the documents.

Financial and Resource Considerations

Review of Council’s policies is a core function of Council’s Governance Section and administration of the review is within Council’s approved budget for each Directorate.

Legal /Policy

The review of policies presented within this report is consistent with the requirements of Section 165 of the Local Government Act 1993, which states:

165 Amendment and revocation of local policy

(1) A council may amend a local policy adopted under this Part by means only of a local policy so adopted.

(2) An amending local policy may deal with the whole or part of the local policy amended.

(3) A council may at any time revoke a local policy adopted under this Part.

(4) A local policy (other than a local policy adopted since the last general election) is automatically revoked at the expiration of 12 months after the declaration of the poll for that election.

The review process ensures Council’s policies will be adopted within 12 months of the 2021 Local Government Election.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Review and adoption of these policies aligns with the following FY2022 Delivery Program and Operational Plan activities:

·    6.11.5 Support Councillors and ensure open and effective Local Government in our Shire

·    6.11.8 Develop and implement good governance systems

·    6.12.3 Review policies and procedures for consideration by new Council

Environment and Climate Change

There are no environmental or climate change considerations related to this report.

Economic

There are no economic impacts in the review of these policies.

Risk

Councils are required to review policies on a regular basis to ensure they are fit for purpose.  This review meets the requirements to ensure Council has complied with the relevant clauses of the Local Government Act 1993

Social / Cultural

Regular review of Council’s policies and availability of those policies and associated procedures on Council’s website ensures the community is informed about how Council complies with legislation and its processes for implementing that legislation.

Attachments

1.         DRAFT following exhibition Policy 4.04 Companion Animal Management v 3

 


Council

20 July 2022

Item 10.1 - Attachment 1

DRAFT following exhibition Policy 4.04 Companion Animal Management v 3

 

PDF Creator


 

PDF Creator


 

PDF Creator


Council 20 July 2022

Item 10.2

 

10.2. Review of Council Policies - adoption of exhibited documents Batch 1     

This report finalises the adoption of Council policies that have been reviewed by relevant council officers in accordance with Section 165 of the Local Government Act 1993, reported to Council 4 May 2022 and exhibited for comment until 19 June 2022.

Director Business & Governance  

Officer’s Recommendation

1.    That Council adopts the following policies:

a.    Draft Policy 3.09 Dedication of Public Land

b.    Draft Policy 3.10 Waste Services

c.    Draft Policy 4.05 Enforcement and Compliance

d.    Draft Policy 4.06 Cemeteries and Memorials

e.    Draft Policy 4.10 Land Under Council Jurisdiction

f.     Draft Policy 5.01 Asset Management

g.    Draft Policy 5.02 Transport Services

2.    That the documents be published on Council’s website

 

Executive Summary

Council placed 8 policies on public exhibition after its meeting on 4 May 2022.  The exhibition period lasted a total of 42 days.  During that period of time only 1 submission was received. The submission related to the companion animal management policy (4.04).  A separate report has been presented to Council about policy 4.04.

The other 7 policies received no submissions during the exhibition period. This report recommends those 7 policies be adopted as presented from 4 May 2022. 

Background

The Local Government Act Local Government Act 1993 Section 165 states that Council’s local approvals and orders policies are automatically revoked 12 months after each ordinary election unless adopted after the election.

Council adopted a review schedule at its meeting on 20 April 2022.  The schedule included a total of 60 policies that required review.  To facilitate the review process, the documents were separated into five (5) batches. 

Batch 1 of the policies was presented to Council at its meeting on 4 May 2022. A copy of that report can be viewed here:   10.1 Review of Council Policies    Minute. Prior to going on public exhibition the policies presented to Council on 4 May 2022 were reviewed by Council officers. 

The documents were endorsed by Council in draft form and exhibited for submission for 42 days.  Submissions closed on 19 June 2022. There were no submissions made during the 42-day public exhibition period for the documents listed below:

a.    Draft Policy 3.09 Dedication of Public Land

b.    Draft Policy 3.10 Waste Services

c.    Draft Policy 4.05 Enforcement and Compliance

d.    Draft Policy 4.06 Cemeteries and Memorials

e.    Draft Policy 4.10 Land Under Council Jurisdiction

f.     Draft Policy 5.01 Asset Management

g.    Draft Policy 5.02 Transport Services

A submission was received in relation to Draft Policy 4.04 Companion Animal Management and a separate report is presented to this meeting regarding changes to the exhibited document.

Options

Council has the following options when reviewing its policies:

1.    Adopt the following policies presented to Council and placed on exhibition:

a.    Draft Policy 3.09 Dedication of Public Land

b.    Draft Policy 3.10 Waste Services

c.    Draft Policy 4.05 Enforcement and Compliance

d.    Draft Policy 4.06 Cemeteries and Memorials

e.    Draft Policy 4.10 Land Under Council Jurisdiction

f.     Draft Policy 5.01 Asset Management

g.    Draft Policy 5.02 Transport Services

2.    Revoke the policies listed above.

3.    Amend the policies by resolution to reflect any adjustment of council’s policy position.

Community and Stakeholder Engagement

Engagement undertaken

Relevant council officers have been engaged internally as subject matter experts for the purpose of reviewing the content of policies presented within this report. 

The draft policies listed above were on public exhibition for a period of 28 days and members of the public were given the opportunity to make submissions on the draft policies.

Engagement planned

No further engagement is required prior to adoption of the documents.

Financial and Resource Considerations

Review of Council’s policies is a core function of Council’s Governance Section and administration of the review is within Council’s approved budget for each Directorate.

Legal /Policy

The review of policies presented within this report is consistent with the requirements of Section 165 of the Local Government Act 1993, which states:

165 Amendment and revocation of local policy

(1) A council may amend a local policy adopted under this Part by means only of a local policy so adopted.

(2) An amending local policy may deal with the whole or part of the local policy amended.

(3) A council may at any time revoke a local policy adopted under this Part.

(4) A local policy (other than a local policy adopted since the last general election) is automatically revoked at the expiration of 12 months after the declaration of the poll for that election.

The review process ensures Council’s policies will be adopted within 12 months of the 2021 Local Government Election.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Review and adoption of these policies aligns with the following FY2022 Delivery Program and Operational Plan activities:

·    6.11.5 - Support Councillors and ensure open and effective Local Government in our Shire

·    6.11.8 - Develop and implement good governance systems

·    6.12.3 - Review policies and procedures for consideration by new Council

Environment and Climate Change

There are no environmental or climate change considerations related to this report.

Economic

There are no economic impacts in the review of these Policies.

Risk

Councils are required to review policies on a regular basis to ensure they are fit for purpose.  This review meets the requirements to ensure Council has complied with the relevant clauses of the Local Government Act 1993.

Social / Cultural

Regular review of Council’s Policies and availability of those Policies and associated procedures on Council’s website ensures the community is informed about how Council complies with legislation and its processes for implementing that legislation.

Attachments

Nil

 


Council 20 July 2022

Item 10.3

 

10.3. Review of Council Policies - Batch 4     

This report presents 14 Council policies that have been reviewed by relevant council officers in accordance with Section 165 of the Local Government Act 1993.

Director Business & Governance  

Officer’s Recommendation

1.    That Council places the following draft policies on public exhibition:

·    Policy 2.01 Live, Work, Invest

·    Policy 2.03 Digital Economy

·    Policy 2.04 Traditional Industries

·    Policy 2.05 Tourism

·    Policy 3.08 Asbestos Management

·    Policy 6.08 Procurement of Assets and Services

·    Policy 6.09 Information Technology

·    Policy 6.12 Access to Information

·    Policy 6.15 Interstate and Overseas Travel

·    Policy 6.17 Integrated Planning and Reporting

·    Policy 6.19 Closed Circuit Television (CCTV)

·    Policy 6.20 Related Party Disclosures

·    Policy 6.21 Public Private Partnerships

·    Policy 6.22 Business Incentives

2.    That the Policies listed above be exhibited for a minimum period of 28 days and that submissions be received for 42 days.

3.    That should there be no submissions to policies 2.03 digital economy, 2.04 traditional industries, 2.05 tourism, 6.17 integrated planning and reporting, 6.21 public private partnerships, and 6.22 business incentives during public exhibition, these policies to be REVOKED.

4.    That following public exhibition, a further report be presented to Council including any submissions received and submit the final policies recommended for adoption.

 

Executive Summary

Council has reviewed 14 of its currently adopted policies as part of the review schedule adopted on 20 April 2022.

The 14 policies presented with this report have been reviewed by relevant council officers and it is recommended the documents are placed on public exhibition. Six policies are recommended to be revoked.

Background

The Local Government Act 1993, Section 165 states that Council’s local approvals and orders policies are automatically revoked 12 months after each ordinary election unless adopted after the election.

Councils must review their existing local approvals and orders policies after the election to ensure they are current and fit for purpose. If the policies are still required and the council proposes to adopt them with or without amendment, it must first exhibit the draft policy for at least 28 days and invite submissions for a period of at least 42 days (Section 160).

After considering submissions, councils may decide to amend the policy, adopt the policy without amendment or not adopt the policy (which would result in the policy being revoked).

The previous review of policies was completed in 2017.

The current review of the policy framework and documents has been delayed since 2020 due to the NSW Local Government Election being pushed back for a 12-month period due to the COVID-19 pandemic and its associated restrictions. 

Subsequently, elections were held on 5 December 2021 and Bega Valley Shire Council’s election declared on 23 December 2021.

Under Section 165 of the Act, Council is now reviewing its policy framework and documents, and is doing so in five batches.  This report is being presented so Council can consider the reviewed documents in the third batch of policies.

The polices presented for review in this report are:

·    Policy 2.01 Live, Work, Invest

·    Policy 2.03 Digital Economy

·    Policy 2.04 Traditional Industries

·    Policy 2.05 Tourism

·    Policy 3.08 Asbestos Management

·    Policy 6.08 Procurement of Assets and Services

·    Policy 6.09 Information Technology

·    Policy 6.12 Access to Information

·    Policy 6.15 Interstate and Overseas Travel

·    Policy 6.17 Integrated Planning and Reporting

·    Policy 6.19 Closed Circuit Television (CCTV)

·    Policy 6.20 Related Party Disclosures

·    Policy 6.21 Public Private Partnerships

·    Policy 6.22 Business Incentives

It is recommended the policies listed below be revoked.

·    2.03 digital economy

·    2.04 traditional industries

·    2.05 tourism

·    6.17 integrated planning and reporting

·    6.21 public private partnerships

·    6.22 business incentives

The reasons for revoking the procedures are provided in the table below.

Policy details

Reasons for revoking

2.03 digital economy

Policy is redundant. Functions of this policy are covered by the IT Strategy.

2.04 traditional industries

Policy is redundant.

2.05 tourism

Policy is redundant.

6.17 integrated planning and reporting

The provisions in this policy are legislated in the Local Government Act 1993

6.21 public private partnership

This policy is a duplicate of delegations and requirements provided by State Government guidelines.

6.22 business incentives

Policy is redundant.

 

Options

Council has approximately 60 Local Policies. The 2022 review of Council’s policies will be presented in a series of reports to Council over the 9 months following the election to allow both Council and the community adequate time to consider each policy and to make and consider any submissions for final adoption within the 12-month timeframe.

Based on the review of the policy framework and contents of the policy documents, council has the following options:

1.    Adopt the draft policy document with no changes.

2.    Adopt the draft policy document with amendments.

3.    Revoke the policy.

Community and Stakeholder Engagement

Engagement undertaken

Relevant Council Officers have been engaged internally as subject matter experts for the purpose of reviewing the content of policies presented within this report. 

Engagement planned

The draft policies attached to this report, if endorsed by Council, will be placed on public exhibition for a period of 28-days. Members of the public will be given the opportunity to make submissions on the draft policies for up to 42 days.

The submissions received will be considered for inclusion in the policy document.  If the submissions received are included in the draft policy, and as a result, cause a significant change in the policy position, this will be included in the recommended final version.

A further report will be submitted to Council to adopt the final version of the policies. Adopted policies are publicly available on Council’s website.

Financial and Resource Considerations

Review of Council’s policies is a core function of Council’s Governance Section and administration of the review is within Council’s approved budget for each Directorate.

Legal /Policy

The review of policies presented within this report is consistent with the requirements of Section 165 of the Local Government Act 1993, which states:

165 Amendment and revocation of local policy

(1) A council may amend a local policy adopted under this Part by means only of a local policy so adopted.

(2) An amending local policy may deal with the whole or part of the local policy amended.

(3) A council may at any time revoke a local policy adopted under this Part.

(4) A local policy (other than a local policy adopted since the last general election) is automatically revoked at the expiration of 12 months after the declaration of the poll for that election.

The review process ensures Council’s policies will be adopted within 12 months of the 2021 Local Government Election.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Review and adoption of these policies aligns with the following FY2022 Delivery Program and Operational Plan activities:

·    6.11.5    Support Councillors and ensure open and effective Local Government in our Shire

·    6.11.8   Develop and implement good governance systems

·    6.12.3    Review policies and procedures for consideration by new Council

Environment and Climate Change

There are no environmental or climate change impacts related to the recommendations of this report.

Economic

There are no economic impacts in undertaking a review of these policies.

Risk

Councils are required to review policies on a regular basis to ensure they are fit for purpose.  This review meets the requirements to ensure Council has complied with the relevant clauses of the Local Government Act 1993.

Social / Cultural

Review of Council’s policies is done as required. All policies are available on Council’s website to ensure the community is informed about how Council complies with legislation and its processes for implementing that legislation and the strategic direction of Council.

Documents to be Exhibited

To view the documents that will be exhibited use the following links:

·    Draft for Exhibition Policy 2.01 Live, Work, Invest

·    Draft for Exhibition Policy 2.03 Digital Economy  (proposed to be revoked)

·    Existing Policy 2.04 Traditional Industries (proposed to be revoked)

·    Existing Policy 2.05 Tourism (proposed to be revoked)

·    Draft for Exhibition Policy 3.08 Asbestos Management

·    Draft for Exhibition Policy 6.08 Procurement of Assets and Services

·    Draft for Exhibition Policy 6.09 Information Technology

·    Draft for Exhibition Policy 6.12 Access to Information

·    Draft for Exhibition Policy 6.15 Interstate and Overseas Travel

·    Draft for Exhibition Policy 6.17 Integrated Planning and Reporting (proposed to be revoked)

·    Draft for Exhibition Policy 6.19 Closed Circuit Television (CCTV)

·    Draft for Exhibition Policy 6.20 Related Party Disclosures

·    Draft for Exhibition Policy 6.21 Public Private Partnerships (proposed to be revoked)

·    Draft for Exhibition Policy 6.22 Business Incentives (proposed to be revoked)

 

Attachments

Nil

 


Council 20 July 2022

Item 10.4

 

10.4. Certificate of Investment June 2022     

This report details Council’s cash and investments at the end of June 2022.

Director Business & Governance  

Officer’s Recommendation

1.    That Council receive and note the report on Council’s investment position at 30 June 2022.

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

 

Executive Summary

I, Judy Jordan, as the Responsible Accounting Officer of Bega Valley Shire Council, hereby certify the investments listed in the attached reports have been made in accordance with Section 625 of the Local Government Act 1993 (the LG Act), clause 212 of the Local Government (General) Regulation 2021. Council’s Investments are in accordance with Council’s counterparty, credit, and maturity compliance requirements.

All investments have been appropriately recorded in Council’s financial records and reconciled monthly.

On 30 June 2022 total capital value of cash and investments is $104,905,561 with 90.56% of Council’s investment portfolio directed to term deposits. The remainder is held in cash deposit accounts.

Included in cash figures is $6 million advance payments for Financial Assistance Grant and $1 million in flood relief funding ($7M total). These payments were not expected to be paid until 2023 financial year.

Council has received year to date interest income of $488,991 that is 113% of the projected budget amount. The value of outstanding government grant debtors is $6,208,033.

Background

The Local Government Act 1993 and Local Government Regulation 2021 require that the Responsible Accounting Officer must present to Council monthly, the status of the investments held by Council. The Responsible Accounting Officer must detail the investments held, and their compliance with both internal policy and external regulation under the Ministerial Order of Investments.

Options

This is a receive and note report and does not require consideration of options for decision.

Community and Stakeholder Engagement

Engagement undertaken

There is no community or stakeholder engagement associated with the recommendation of this report.

Engagement planned

The investment details of Council are published in Council business papers and are publicly available at Council offices and on Council’s website.

Financial and Resource Considerations

A list of Councils cash and investments held at 30 June 2022 is detailed below.

Issuer

Rating

Type

Purchase

Maturity

Rate

Capital Value

Commonwealth Bank

At Call

A-1+

CASH

-

-

0.95

7,000,000.00

Commonwealth Bank

Operating Account

A-1+

CASH

-

-

0.85

2,779,797.36

NSW T-Corp

Strategic Cash Fund

A-1+

CASH

-

-

-

125,763.80

Members Equity Bank

A-2

TD

19/01/2022

21/07/2022

0.60

2,500,000.00

Members Equity Bank

A-2

TD

08/02/2022

11/08/2022

0.60

5,000,000.00

NAB

A-1+

TD

11/03/2022

15/09/2022

0.72

2,500,000.00

Commonwealth Bank

A-1+

TD

19/05/2022

16/09/2022

1.79

2,000,000.00

Bendigo and Adelaide

A-2

TD

04/04/2022

04/11/2022

1.25

3,000,000.00

Members Equity Bank

A-2

TD

17/01/2022

17/11/2022

0.70

2,500,000.00

BOQ

A-2

TD

10/02/2022

15/12/2022

0.75

5,000,000.00

AMP Bank

A-2

TD

03/02/2022

30/12/2022

1.10

5,000,000.00

NAB

A-1+

TD

11/03/2022

11/01/2023

0.97

5,000,000.00

Westpac

A-1+

TD

08/02/2022

09/02/2023

0.86

5,000,000.00

BOQ

A-2

TD

10/02/2022

16/03/2023

0.96

5,000,000.00

Commonwealth Bank

A-1+

TD

28/04/2022

28/04/2023

2.71

5,000,000.00

Westpac

A-1+

TD

10/02/2022

11/05/2023

1.00

5,000,000.00

Commonwealth Bank

A-1+

TD

02/06/2022

08/06/2023

3.23

5,000,000.00

AMP Bank

BBB

TD

03/02/2022

02/08/2023

1.35

5,000,000.00

NAB

AA-

TD

10/02/2022

14/12/2023

1.43

5,000,000.00

NAB

AA-

TD

17/01/2022

17/01/2024

1.25

2,500,000.00

Westpac

AA-

TD

08/02/2022

08/02/2024

1.59

10,000,000.00

Commonwealth Bank

AA-

TD

10/02/2022

16/05/2024

1.65

5,000,000.00

Commonwealth Bank

AA-

TD

10/02/2022

15/08/2024

1.75

5,000,000.00

Westpac

AA-

TD

08/02/2022

10/02/2025

2.00

5,000,000.00

Total Cash and Investments

$104,905,561.16

 

Interest earned for June 2022

$109,041

Year to date interest earned

$488,991

Budgeted interest for 2021/22 financial year

$432,942

Percentage of the 2021/22 budget earned by council

113%

 

Council’s investment portfolio is largely directed towards term deposits (90.56). The remainder of the portfolio is held in cash deposit accounts with CBA and TCorp (9.44%). Council’s investments remain sufficiently liquid with 64% of investments maturing within 12 months.

TCorp Strategic Cash Fund and TCorp Cash Fund have been producing a negative result since September 2022. To address the loss in the T-Corp investments they have been reduced significantly. Throughout June, Council withdrew the remaining balance in the TCorp Cash Fund and will be looking at withdrawing TCorp Strategic Cash Fund in the coming months. Despite the losses from TCorp, Council has managed to achieve its budgeted interest for Financial Year 2021/2022.

Council is utilising the platform Imperium Markets, to assist in conducting, managing, and reporting on council’s investments. This provides a more automated process of sourcing quotes and investing monies which is allowing Council to better address investment risks. Additional to the platform, Imperium Markets are also providing investment advice on the surrounding market conditions and how Council can maximise returns within the Ministerial order and Council’s investment policy.

There has been a significant improvement in investment returns since using Imperium Markets. Council’s current investments have a Weighted Average Yield (WAY) of 1.36%. which exceeds the RBA 3-month deposit average for June 2022 of 0.69%.

 

Table 1: Investments by Fund $’000

Fund

April-2022

May-2022

June-2022

General Fund

44,705

39,813

36,231

Water Fund

23,793

25,496

25,410

Sewer Fund

42,605

43,977

43,265

TOTAL

111,103

109,286

104,906

 

Each Fund’s allocation can only be utilised for its specific operations. For example, Water Fund cannot use its financial resources on General Fund projects.

Included in the General Fund investments are amounts that are externally restricted for specific purposes, i.e. contributions and unspent grants. In addition, there are amounts that are internally restricted by Council.

The following table provides details of all funds by restrictions:

Source of Funds

Value

Total Cash and Investments

$104,905,561

External Restrictions **

$62,860,509

Internal Restrictions **

$7,857,423

Unrestricted funds

$34,187,629

**    The table above reflects the expected 30 June 2022 level of restrictions reported in the March QBRS report. The QBRS is included in the business paper for the ordinary meeting of council on 18 May 2022.

The value of outstanding Government Grant Debtors on 30 June 2022 is $6,208,033 with $1,029,560 aged 4+ months. Council is working with our funding partners to reduce these debts.

Legal /Policy

Section 625 of the Local Government Act 1993 determines money may only be invested in a type of investment authorised by Order of the Minister for Local Government and published in the Local Government Gazette. The current Ministerial Order of Investment was published 17 February 2011.

Clause 212 of the Local Government (General) Regulation 2021 determines the Responsible Accounting Officer must provide Council with a written report setting out details of all money Council has invested under Section 625 of the LG Act.

The report must also include a Certificate as to whether the investments have been made in accordance with the LG Act, the Regulations and the Council’s Investment Policy.

Council has an Investment Policy, policy number 6.07. This policy is reviewed every four years by council and annually by council officers.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This report is provided in accordance with Council’s Community Strategic Plan (CSP), Delivery Program (DP) and Operational Plan (OP).

6:                  Strong, Consultative Leadership

6.12:            Our Council is financially sustainable, and services and facilities meet community need

6.12.5:        Improve the provision of corporate financial services

Environment and Climate Change

Council considers the importance of environmental, social and governance factors in investment decision making.

Economic

Council’s investment policy objective is to maximise returns by investing with the most favourable rate of return. Performance of investments are reported monthly, quarterly, and annually. 

Risk

Council policies have strict guidelines to reduce Council’s risk to capital. The following graphs provide visual representation of Councils compliance to these measures.

Risk management means our investments are made giving regard to key criteria of counterparty, credit quality and maturity compliance. This report shows that we are compliant with all policy risk requirements.

Other legal instruments, such as the Ministerial Order referenced above, are used to mitigate financial risk.

 

Legend:           Compliant                               Non-Compliant

 

Social / Cultural

Maximising performance of returns enables the organisation to leverage additional funding received as a result of investment performance and use these towards community projects, programs and services.

Attachments

Nil

 


Council 20 July 2022

Item 10.5

 

10.5. Audit, Risk & Improvement Committee Quarterly Report June 2022     

The purpose of this report is to provide an update on the activities of the Audit, Risk & Improvement Committee (ARIC) to the governing body and CEO. Quarterly reporting to Council is essential for accountability to ensure issues or emerging risks identified by the ARIC that may influence the strategic direction of Council are considered.

Director Business & Governance  

Quarterly Reporting Mandate

Ongoing reporting by the ARIC to the governing body is a requirement of the draft Guidelines for Risk Management and Internal Audit Framework for Local Councils in NSW. Specifically, the ARIC must provide an update to the governing body of council of its activities and opinions after every committee meeting. A copy of the June 2022 ARIC quarterly report is included as an attachment in this business paper for the information of Councillors.

Attachments

1.         ARIC Quarterly Report June 2022

 


Council

20 July 2022

Item 10.5 - Attachment 1

ARIC Quarterly Report June 2022

 

PDF Creator


Council 20 July 2022

Item 10.6

 

10.6. Code of conduct reviewer panel 2022 - 2026     

Councils are required to appoint suitably qualified people / entities to a panel for the purposes of conducting code of conduct reviews in accordance with the Model Code of Conduct for Local Council’s in NSW. Following the recent expiry of the previous panel, the Canberra Region Joint Organisation (CRJO) conducted an Expression of Interest process and appointed a panel of conduct reviewers for all members.

Director Business & Governance  

 

Officer’s Recommendation

1.    That council adopt the code of conduct review panel established by the Canberra Joint Region Organisation (CRJO) effective from 1 July 2022 to 30 June 2026

2.    That the following eighteen (18) consultants / entities be appointed to Bega Valley Shire Councils conduct review panel until 30 June 2026:

·    Australian Workplace Training & Investigation

·    BAL Lawyers

·    BDO Services Pty Ltd

·    Centium Pty Ltd

·    Local Government Legal

·    Maddocks

·    McCullough Robertson Lawyers

·    Mediate Today Pty Ltd

·    Nemesis Consultancy Group

·    O'Connor Marsden and Associates Pty Ltd

·    Pendlebury work place solutions

·    RSM

·    SINC Solutions Pty Ltd

·    Train Reaction Pty Ltd

·    Weir Consulting (National)

·    Winton Consulting Pty Ltd

·    WISE Workplace

·    Workdynamic Pty Ltd

 

Executive Summary

Under the New South Wales Office of Local Government Administration Procedures for the Model Code of Conduct for Local Councils in NSW (Administration Procedures) Council is required to appoint an independent Conduct Review Panel.

In September 2019 council resolved to adopt the CRJO panel of Code of Conduct reviewers and appointed 12 providers to form Bega Valley Shire Council’s panel. This panel expired on 30 June 2022 and following an expression of interest (EOI) process the CRJO has endorsed the appointment of the eighteen consultants / entities referenced in the recommendation within this report.

Background

The process is outlined in Part 3 of the Administration Procedures:

1.1  The council must by resolution establish a panel of conduct reviewers.

1.2  The council may by resolution enter into an arrangement with one or more other councils to share a panel of conduct reviewers including through a joint organisation or another regional body associated with the councils.

Council’s current Panel was adopted on 18 September 2019 in line with the decision of the CRJO using a process similar to that used on this occasion.

In June 2022, the CRJO completed an EOI process, in accordance with the Administration Procedures. The process was facilitated on behalf of the CRJO by the Procurement & Contracts team within Bega Valley Shire Council using council’s online procurement platform “VendorPanel”.

The EOI process attracted 28 submissions with the evaluation panel consisting of the Acting Procurement & Contracts Coordinator for Bega Valley Shire Council, Manager of Governance for Yass Valley Council and Group Manager Corporate & Community for Wingecarribee Shire Council. The evaluation panel formally recommended that the CRJO appoint 18 of the applicants.

The board of the CRJO adopted the panel by resolution on 1 July 2022 as outlined in clause 3.2 of the Administration Procedures, as a member of the CRJO, Bega Valley Shire Council can resolve to adopt the same panel.

Options

1.    Bega Valley Shire Council resolve to adopt the CRJO recommended Conduct Review Panel.

2.    Bega Valley Shire Council amend the reviewers on the panel and appoint to its panel only a selection of the consultants / entities appointed to the CRJO panel.

3.    Bega Valley Shire Council can resolve to run its own EOI process as outlined in the Administration Procedures. This is not recommended as Bega Valley Shire Council facilitated the CRJO EOI process and further a key driver for Joint Organisations is reducing costs and duplication of process for member Councils which has been achieved in this instance. Considerable costs are involved in running an EOI process. It is likely the conduct reviewers who made submissions to the CRJO would also apply for consideration to any process run by BVSC.

Community and Stakeholder Engagement

Engagement undertaken

The EOI was facilitated on behalf of the CRJO by Bega Valley Shire Council, via an open EOI process utilising its online procurement platform VendorPanel.

The CRJO includes ten member councils including Bega Valley Shire Council, Eurobodalla Shire Council, Goulburn Mulwaree Council, Hilltops Council, Queanbeyan-Palerang Regional Council, Upper Lachlan Shire Council, Snowy Monaro Regional Council, Snowy Valleys Council, Wingecarribee Shire Council and Yass Valley Council.

The CRJO Board includes Mayors (voting members) and General Managers (non-voting) from each member council in the region. The board considered the recommendation put forward by the EOI evaluation panel in the process of endorsing the appointments to the 2022-2026 panel.

Engagement planned

There is no further engagement planned pertaining to this report.

Financial and Resource Considerations

The expression of interest, evaluation and appointment of members to the CRJO panel was facilitated by BVSC procurement team for a small fee.

Appointment of a reviewer would be in accordance with council’s procurement policies and procedures.

Legal /Policy

Under the Local Government Act 1993, council is obliged to comply with the Office of Local Government Administration Procedures for the Model Code of Conduct and to seek legal advice, if necessary, on referral of matters to a conduct reviewer.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

CSP Theme   Our civic leadership – Local leadership is strong, consultative and responsive to our community’s needs

DP E7.1          Be an active contributor in the Canberra Region Joint Organisation

E7.1.1             Support the development and implementation of the Canberra Region Joint Organisation strategic priorities …

Environment and Climate Change

There are no environmental or climate change impacts as a result of the recommendations of this report.

Economic

There are no negative impacts on our local economy as a result of the recommendations of this report.

Risk

Failure to ensure compliance with the Model Code of Conduct and the Administration Procedures for the Model Code of Conduct in NSW, would result in a reputational risk. Utilising a panel will also minimise financial risk through competitive procurement processes.

Social / Cultural

There are no social or cultural impacts as a result of the recommendations of this report.

Attachments

1.            Evaluation Report CRJO Conduct Reviewers EOI - Confidential (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

 

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

 

 

 


Council 20 July 2022

Item 10.7

 

10.7. Local Government NSW Annual Conference 2022     

The Local Government NSW Annual Conference will be held at the Crowne Plaza, Hunter Valley from Sunday 23 October to Tuesday 25 October 2022.

Chief Executive Officer  

Officer’s Recommendation

That Council endorse two Councillor’s (names to be inserted at the meeting), the Mayor and the Chief Executive Officer to attend the Local Government’s NSW (LGNSW) Annual Conference to be held from 23-25 October 2022.

 

Executive Summary

The Annual Conference is the pre-eminent policy making event for the local government sector in NSW. Delegates will vote on motions which help determine the policies and advocacy priorities for LGNSW and the sector. It is a key event for local government where Councillors come together to share ideas and debate issues that shape the way the sector functions and is governed.

Council is a member of LGNSW, the peak local government body in NSW.

A copy of the draft program can be found at Local NSW Annual Conference Program

Background

This report has been prepared to take advantage of early bird booking savings for the Annual Conference registration which opened on 4 July 2022 and closes on 17 August 2022. It is appropriate for Council to nominate who the attendees will be for this year’s Conference. It is proposed Council nominate the Mayor and two Councillors to attend this Conference along with the Chief Executive Officer. All costs for attendance are covered in the Councillors’ training and development budget.

The two Councillors elected and the Mayor will have voting entitlements at the Conference to vote on motions and vote for positions in the LGNSW Board elections.

The deadline to provide LGNSW with the names of voting delegates is Wednesday 17 August 2022. Additional nominations received after the closing date cannot be accepted. However, the names of voting delegates may be substituted

Voting delegates must be registered to attend the Conference and also be registered as a voting delegate.

A further report will be presented to Council relating to submission of motions for the conference.

Options

Council may resolve to support the attendance of more or less Councillors at the conference, however Council has three voting rights on motions at the conference.

Community and Stakeholder Engagement

There has not been and is not intended to be any community engagement on this item.

Engagement undertaken

There has not been and is not intended to be any community engagement on this item.

Engagement planned

There has not been and is not intended to be any community engagement on this item.

Financial and Resource Considerations

Councils currently adopted budget makes adequate provision for attendance at the LGNSW conference by Councillors.

Legal /Policy

There are no legal policy implications associated with this report.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

There are no Strategic Alignment implications associated with this report.

Environment and Climate Change

There are no Environment and Climate Change implications associated with this report.

Economic

There are no Economic implications associated with this report.

Risk

There are no Risks associated with this report.

Social / Cultural

There are no Social/Cultural implications associated with this report.

Attachments

Nil

  

 


Council

20 July 2022

 

 

Councillor Reports

 

20 July 2022

 

11.1            2022 National General Assembly of Local Government Communique............ 262


Council 20 July 2022

Item 11.1

 

11.1. 2022 National General Assembly of Local Government Communique     

This report is intended to present the communique developed out of the 2022 Australian Local Government Association National General Assembly.

Cr Russell Fitzpatrick 

It is recommended that Council note the 2022 National General Assembly Communique.

Attachments

1.         2022 National General Assembly of Local Government Communique

 


Council

20 July 2022

Item 11.1 - Attachment 1

2022 National General Assembly of Local Government Communique

 

PDF Creator


 

PDF Creator

 


Council

20 July 2022

 

 

Notices of Motion

 

20 July 2022

 

13.1            Bega Valley Shire Flying Fox Camp Management Plan..................................... 267


Council 20 July 2022

Item 13.1

 

13.1. Cr Cathy Griff - Bega Valley Shire Flying Fox Camp Management Plan       

 

Notice of Motion

That Council:

1.    Prioritise completion of the Bega Valley Shire Flying Fox Camp Management Plan, to identify appropriate management measures for grey-headed flying foxes in Bega Valley Shire.

2.    Engage with relevant officers in Eurobodalla and Shoalhaven councils to investigate successful strategies that have been applied in similar local government areas. 

3.    Work with key stakeholders such as the Bournda Environmental Education Centre, Pambula Wetlands and Heritage Projects Inc, Friends of Glebe Wetlands, and the Biodiversity and Conservation Division (BCD) in Department of Planning and Environment to increase community understanding of the importance of protecting the grey-headed flying fox and its habitat in Bega Valley Shire.

 

Background

The grey-headed flying fox (Pteropus poliocephalus) is listed as a threatened species under both NSW and Commonwealth threatened species legislation. In NSW, this listing is based on a significant decline in the population of the species.

In the Bega Valley Shire there are two known semi-permanent flying-fox camps: one at Glebe Wetlands in Bega and one at Panboola wetland in Pambula. The Glebe Wetlands site is on Council land, while the Panboola site is owned by the Pambula Wetlands and Heritage Projects Inc. In addition, there are several other smaller, intermittently used camps in the shire (at Eden, Wallaga Lake Heights, Candelo and Cobargo) and potential for new, seasonal camps to become established.

While flying-foxes typically don’t occupy these camps in winter, their presence in the vicinity of residential populations of Bega and Pambula creates conflict between residential and conservation land uses and has the potential to adversely affect the viability of the flying-fox populations in the shire. Increased understanding of, and protection for, flying-foxes is critical to their survival in Bega Valley Shire.

 

Cr Cathy Griff

 

Attachments

Nil

    


Council

20 July 2022

 

 

Questions without Notice

 

20 July 2022

 

15.1            Cr Nadin - Boydtown planning proposal and development.............................. 269

15.2            Cr Fitzpatrick - Brief report on number of outstanding Development Applications       270


Council 20 July 2022

Item 15.1

 

15.1. Cr Nadin - Boydtown planning proposal and development     

At the ordinary Council meeting of 18 May 2022 Cr Nadin asked for an update on the Boydtown planning proposal and development.

Director Community Environment and Planning  

Response

Boydtown Planning Proposal 

On 18 August 2021 Council resolved to support an amendment to the Bega Valley Local Environmental Plan 2013 for part of the deferred land at Boydtown and request that the Minister of Planning and Public Spaces make the plan. This planning proposal was led by Council and only applied to part of the Boydtown holding.

Council officers formally requested that the Minister make the plan on 19 August 2021.

On 19 August 2021 Boydtown Pty Ltd and Boydtown Pastoral Pty Ltd filed a Class 4 appeal in the Land and Environment Court against the Minister for Planning and Public Spaces, Bega Valley Shire Council and the Department of Planning Industry and Environment. The Court has listed these proceedings for hearing on 17 and 18 November 2022.

On 12 July 2021 Boydtown Pty Ltd lodged a Planning Proposal covering all the Boydtown land proposing an alternative zoning regime to that resolved by Council on 18 August. This Planning Proposal was formally withdrawn on 20 August 2021.

Development Application No 2020.227- Redevelopment of existing caravan park

Development Application No 2020.310- 60 lot residential subdivision

Council staff are assessing the capacity of the existing Boydtown treatment plant to cater for the proposed developments. As part of the assessment of the application additional information has been requested and provided by the applicant and is currently under review.

Attachments

Nil

 


Council 20 July 2022

Item 15.2

 

15.2. Cr Fitzpatrick - Brief report on number of outstanding Development Applications       

At the ordinary meeting of 15 June 2022 Cr Fitzpatrick asked for a brief report on the number of outstanding Development Applications and what plans there are in place to address the backlog.

Director Community Environment and Planning  

Response

As at 30 June 2022, there are 363 development applications that are undetermined including modifications. One hundred and sixteen (116) are with the Development Hub for lodgement assessment with 40 of these awaiting additional information from the applicants. There are 108 applications pending allocation to an officer. The remaining 139 have been allocated to a planner and are under active assessment.

A breakdown of outstanding Development Applications is tabled below:

Application type

Number outstanding

Subdivision

45

Strata subdivision

8

Multi-unit housing                       

8

Mixed use                                      

6

Bushfire rebuilds                          

11

Dual occupancy                            

18

Seniors housing                             

2

Residential dwelling including secondary dwelling

227

Commercial/miscellaneous

38

TOTAL

363

 

Council received funding through the Black Summer Bushfire Recovery grants to employ an additional town planner, development hub officer and a bushfire rebuild officer for 2 years. Recruitment has been successful for the development hub officer however Council has been unsuccessful to date in recruiting a town planner. Recruitment for the bushfire rebuild officer will commence in the coming weeks.

Recruitment for an additional development engineer on a 2 year contract is included in the 2022-24 budget years however Council has not yet been able to fill this position.

There is also a vacancy for a full time graduate planner. A recruitment process was carried out with the successful applicant withdrawing prior to commencement.

Staff will continue recruitment efforts to fill the vacant positions.

In the short term Council is addressing the backlog of development assessments as follows:

 

·    Three planners and one development engineer are being recruited for up to 20 hours each per week, on a 3 month contract through Local Government Management Solutions.

·    Minor modification applications will be fast tracked to address project completion delays.

Attachments

Nil