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, 24 May 2023 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

Director, Assets and Operations, Mr Ian Macfarlane

Director,  Community, Environment and Planning, Mrs Emily Harrison

Director, Business and Governance, Mrs Iliada Bolton

Acting Manager Communications and Events, Ms Skye Owen

Executive Officer (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

24 May 2023

 

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

Statement of Ethical Obligations

1       Apologies and requests for leave of absence

 

2       Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 19 April 2023 and the Extraordinary Meeting held on 8 May 2023 as circulated, be taken as read and confirmed.

3       Declarations

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

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

 

5       Petitions

 

6       Mayoral Minutes

6.1                Fix Brown Mountain......................................................................................................................... 9

6.2                Damaging increase in Emergency Services Levy costs............................................................ 10

  

7       Urgent Business

 

8       Staff Reports – Community, Environment and Planning

8.1                Bega Showground - Demolition of buildings Lot 1 Section 49 DP758076, Upper Street, Bega       13

8.2                Tura Marrang Library and Community Centre ground floor redevelopment................... 149

8.3                Finalisation of planning proposal for Market Street, Merimbula....................................... 160

 

9       Staff Reports – Assets and Operations

9.1                Bega Valley Local Traffic Committee........................................................................................ 325

9.2                Bega and Brogo Rivers Flood Warning System Scoping and Feasibility Study.................. 408

 

10     Staff Reports – Business and Governance

10.1              Licence agreement renewal for Pambula Village Community Garden Incorporated...... 547

10.2              Disposal of Lot 277 DP 752154 - Decommissioned Dignams Creek fire shed................... 559

10.3              Request for Tender (RFT) Regional Events Activation Strategy and Prospectus.............. 574

10.4              Community Strategic Plan Update............................................................................................ 580

10.5              Certificate of Investment April 2023........................................................................................ 584

10.6              Quarterly Budget Review Statement (QBRS) March 2023 Q3............................................. 590

10.7              Determination of the Local Government Remuneration Tribunal - 2023 Financial Year - Mayoral and Councillor Fees.................................................................................................................. 626

10.8              Review of Procedure 6.06.01 Financial Hardship Assistance............................................... 630

10.9              Proposal to become a member of the Bega Valley Circularity Co-operative................... 708

10.10           Actions from resolutions of Council - Progress Report......................................................... 716

10.11           Appointment of Council Delegate to South East Arts Advisory Committee..................... 718

10.12           14 June 2023 Council meeting................................................................................................... 720

 

11     Councillor Reports

 

12     Rescission/Alteration Motions

 

13     Notices of Motion

13.1              Strengthening Business Entrepreneurs Programme............................................................. 723

 

14     Questions with Notice

14.1              Cr Porter - Seeking a report outlining works done to improve our communities resilience to natural disasters, particularly bushfires since the Tathra Bushfires............................................. 725

14.2              Cr O'Neil - Seeking information on Development Applications.......................................... 726

14.3              Cr O'Neil -  What is the current status of major Development Applications submitted that are dependent on funding provided by state and/or federal government?........................ 728

 

15     Questions without Notice

15.1              Cr O'Neil - Can I have an update on working with community groups on the volunteer strategy?..................................................................................................................................................... 731

15.2              Cr Griff -  Lighting in Tathra Country Club on the sports field? Was a Development Application required for installing the lighting?...................................................................................... 733

 

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........................... 733

              

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

24 May 2023

 

 

Mayoral Minutes

 

24 May 2023

 

6.1              Fix Brown Mountain.............................................................................................. 9

6.2              Damaging increase in Emergency Services Levy costs........................................ 10


Council 24 May 2023

Item 6.1

 

6.1Fix Brown Mountain       

 

Cr Russell Fitzpatrick  

Recommendation

That Council call on the NSW Government to:

1.    Undertake a route vulnerability and opportunities assessment on the Snowy Mountains Highway over Brown Mountain to identify potential alternate alignments and constraints that need to be overcome.

2.    Share all existing strategies, plans, feasibility assessments and designs that may exist for the Snowy Mountains Highway over Brown Mountain

 

Background

Whilst state and federal governments have invested heavily in improving parts of the NSW highway network there has been a clear neglect in the southeast of NSW.

Not only has there been no real investment in significantly improving the network there has been a decline in the quality, safety and accessibility of the network, in particular the snowy mountains highway traversing the brown mountain.

Residents to the east of the Great Dividing Range rely heavily on access over the brown mountain to goods and essential services including specialist health and education. Residents to the west of the Great Dividing Range rely heavily on access over the brown mountain for leisure and recreation.

Businesses both east and west of the divide rely on the Snowy Mountains Highway for transport of goods.

In recent years the stark vulnerability of the Snowy Mountains Highway to various natural disasters has become increasingly evident.

Numerous plans and strategies have identified the need for significant improvements to the brown mountain, however it is apparent there has been no real translation from identifying a problem into investigating solutions. It is clear that the first logical step would be to undertake a route vulnerability and opportunities assessment. This would identify potential alternate alignments and constraints that need to be overcome.

From that stage, design concepts could be developed and staging opportunities and cost estimates for improvements formulated.

Rather than continue on the endless cycle of developing a new strategy which is essentially more ‘lip service’ that identifies the need to investigate improvements to the Snowy Mountains Highway over the brown mountain it is time to act now.

There is a stronger than ever desire from the community to see action on the Brown Mountain with sections of the road down to single lane traffic for an extended period.

Attachments

Nil

 


Council 24 May 2023

Item 6.2

 

6.2Damaging increase in Emergency Services Levy costs       

 

Cr Russell Fitzpatrick  

Recommendation

1.    Council writes to the Treasurer, the Minister for Emergency Services, the Minister for Local Government and local State Member(s):

a)    Expressing Council’s strong opposition to the NSW Government’s last minute decision to impose an enormous Emergency Services Levy (ESL) cost increase on councils for 2023/24 by scrapping the ESL subsidy for councils and at a time after Council has publicly advertised its Operational Plan and annual budget to the community;

b)    Noting that as a consequence of the unannounced 73% increase in the State Emergency Service budget and an 18% increase in the Fire and Rescue NSW budget, Council’s rate increase to provide essential community services and infrastructure has been significantly eroded.

c)    Advising that the Government’s decision may/will lead to a reduction in important local services and/or the cancellation of necessary infrastructure projects;

d)    Calling on the NSW Government to take immediate action to:

i.      restore the ESL subsidy in 2023/24

ii.     urgently introduce legislation to decouple the ESL from the rate peg to enable councils to recover the full cost

iii.    develop a fairer, more transparent and financially sustainable method of funding critically important emergency services in consultation with local government.

2.    Council writes to the Chair of the Independent Pricing and Regulatory Tribunal (IPART) advising that Council’s forced emergency services contribution is manifestly disproportionate to the 2023/24 rate cap, which has resulted in additional financial stress.

3.    Council writes to the President of LGNSW seeking the Association’s ongoing advocacy to bring about a relief in the burden of Councils’ emergency services contribution.

Background

I am calling on Councillors to support representations to the NSW Government in response to the highly damaging increase in the Emergency Services Levy (ESL) imposed on all councils without warning for the 2023/24 financial year.

The ESL is a cost imposed on councils and insurance policy holders to fund the emergency services budget in NSW. The majority is paid as part of insurance premiums, with a further 11.7 per cent funded by councils and 14.6% by the NSW Government. The ESL represents cost shifting at its worse, as it is imposed on councils without any mechanism for councils to recover costs.

The levy increase for the State’s 128 councils in 2023/24 amounts to almost $77 million, with the total cost imposed on the local government sector increasing from $143 million in the current financial year to $219 million next year. This represents a 53.1% increase, completely dwarfing the IPART baseline rate peg of 3.7% for 2023/24, and Council’s rate peg increase of 4.1%.

 

Reporting suggests that the increase in costs this year reflects a 73% increase in the State Emergency Service budget and an 18.5% funding increase to Fire and Rescue NSW. The impact of these large increases on councils’ finances will be particularly severe in 2023/24 as a result of the NSW Government deciding to scrap the subsidy for council ESL payments.

For many councils, the unexpected cost hit will absorb almost all of their IPART-approved rate rise for this year and in some cases absorb more than 100%. This is placing local government budgets under enormous pressure as they struggle from the combined impact of the pandemic, extreme weather events, high inflation and wage increases.

IPART-approved rate rises are intended to compensate for the impacts of inflation and increases in council costs. Instead, the rate increase will have to be largely diverted to the significantly higher ESL payments this year. NSW councils will have no option other than to make cuts to infrastructure and services expenditure.

For Council, the ESL has increased by $387,459 for 2023/24, bringing the total Council contribution to $1,149,218. If the NSW Government’s decision is not reversed, the potential impacts on Council’s services, infrastructure maintenance and delivery include a further reduction in our ability to look after our critical roads and bridges infrastructure.

The timing of this development is particularly challenging for councils as it comes so late in the local government budgeting cycle, well after IPART’s rate determination for the coming financial year. 

All councils strongly support a well-funded emergency services sector and the critical contribution of emergency services workers and volunteers (many of whom are councillors and council staff). However, it is essential that these services be supported through an equitable, transparent and sustainable funding model.

Local Government NSW has raised the serious concerns of the local government sector with the NSW Government and is seeking the support of councils across NSW in amplifying this advocacy.

This Mayoral Minute recommends that Council call on the NSW Government to take immediate action to:

a.    restore the ESL subsidy,

b.    decouple the ESL from the rate peg to enable councils to recover the full cost

c.     develop a fairer, more transparent and financially sustainable method of funding critically important emergency services.

The Mayoral Minute also recommends that Council write to IPART advising of the financial sustainability impacts on of the ESL.

Attachments

Nil

  


Council

24 May 2023

 

 

Staff Reports – Community, Environment and Planning

 

24 May 2023

 

8.1              Bega Showground - Demolition of buildings Lot 1 Section 49 DP758076, Upper Street, Bega............................................................................................................................. 13

8.2              Tura Marrang Library and Community Centre ground floor redevelopment... 149

8.3              Finalisation of planning proposal for Market Street, Merimbula..................... 160


Council 24 May 2023

Item 8.1

 

8.1. 2022.190 Bega Showground - Demolition of buildings Lot 1 Section 49 DP758076, Upper Street, Bega       

 

Director Community Environment and Planning   

Applicant

Elizabeth Slapp (Planned Town Planning Solutions)

Owner

Bega Showground Land Manager

Site

Bega Showground Crown Reserve 580108 - Lot 1 Section 49 DP 758076 – Upper Street, Bega

Zone

RE1 Public Recreation

Site area

3.55 ha

Proposed development

Demolition of buildings

Precis

The development application is being reported in accordance with Council Policy 3.01.01 - Reporting of Development Applications to Council, as the site is heritage listed under Bega Valley Local Environmental Plan 2013.

The application also received one objection to the proposal.

Officer’s Recommendation

That Council:

1.    Approve Development Application 2022.190 for the demolition of buildings at the Bega Showground, as detailed in the Applicant’s Statement of Environmental Effects, subject to the conditions of consent provided in Attachment 1.2.       

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

 

Executive Summary

Development Application (DA) 2022.190 is being reported to Council in accordance with Council Policy 3.01.01 Reporting of Development Applications to Council, as the site is heritage listed under Schedule 5 of Bega Valley Local Environmental Plan (BVLEP) 2013.

The proposal has been assessed under Section 4.15 of the Environmental Planning and Assessment Act 1979 (a copy of the Assessment Report is provided as Attachment 2).

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

Background

The site is described as the Bega Showground and is located on Crown Reserve 580108, known as Lot 1 Section 49 DP 758076, Upper Street, Bega. The Bega Showground comprises various buildings and structures located around a central show arena. The site is utilised by the Bega Agricultural Show and by various other user groups and hosts other events from time to time.

The area of the proposed demolition works is located on the western side of the showground as detailed in Figure 1. The area comprises several buildings/structures and is located directly to the south of the Bega Agricultural Pavilion.

Figure 1 – Site Plan

The site is Heritage listed under Schedule 5 of the BVLEP 2013 with the listing including the agricultural pavilion and the timber buildings to the south.

Description of the proposal

The development application proposes the demolition of several timber and masonry buildings/structures to the south of the existing Bega Agricultural Pavilion with details provided in Attachment 3. The application also seeks approval for the Poultry Pavilion to be removed, retained and reinstated as part of future development of the site. Figures 2 and 3 below provide details on the extent of the buildings and structures to be demolished and item to be removed for further use.

 

Figure 2 – Items cross hatched and marked blue to be demolished. Poultry Pavilion highlighted to be removed, retained and reinstated as part of future development of the site.

 

Figure 3 – Existing eastern elevations with Poultry Pavilion highlighted to be removed, retained and reinstated as part of future development of the site.

Planning Assessment

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

Two submissions were received during the exhibition process. Only one submission raised objections and raised concerns to the future redevelopment of the site. The issues raised in that submission are addressed later in this report.

Bega Valley Local Environmental Plan (BVLEP) 2013

The development has been assessed in accordance with the relevant provisions of the BVLEP 2013.

The application seeks approval under Clause 2.7, which states that the demolition of a building or work may be carried out only with development consent.

The application has also been assessed in accordance with Clause 5.10 Heritage Conservation provisions. This clause also states that development consent is required for the demolishing or moving of any heritage item and lists a number of matters for the consideration of development applications relating to heritage items.

The site is listed as an item of local heritage significance, with the statement of significance as follows:

The listing includes not only the hall but the timber/iron buildings to the south, one of which is evident in a photo dated 1905. This is a large brick showground pavilion dating from the turn of the century, generally intact and in good condition. It has an elevated position and is prominent in the townscape. It is a good example of a showground pavilion from the early 20th century and demonstrates the importance which the annual show had to the local rural community.

The existing Arts Pavilion (originally the ‘Poultry Pavilion’) has heritage significance. This part of the existing building will be removed and reinstated as part of a future new community building.

The proposed works will not affect the integrity, value or significance of the main identified agricultural hall with its presence and setting not being impacted. The deconstruction and relocation of the Poultry Pavilion will retain the building fabric, albeit in a different location on the site so it can remain functional. Council’s Heritage Advisor reviewed the development and has not raised any concerns in relation to the proposal nor highlighted any adverse heritage impacts as a result of the proposal.

Draft Conditions detailed in Attachment 1 provide for the appropriate retention, location and recording of items to be demolished and removed.

Bega Valley Development Control Plan 2013

The proposal has been assessed in accordance with relevant sections of the Bega Valley Development Control Plan (BVDCP) 2013. The relevant sections are detailed in Attachment 2.

Options

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

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

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

Community and Stakeholder Engagement

The proposed development was advertised in accordance with Council’s adopted Community Engagement Strategy from 6 October 2022 to 20 October 2022. Two submissions were received during the notification period, with only one objecting to the application.

A copy of each submission has been provided to Councillors via the Councillor portal.

The issues raised are detailed in the Section 4.15 Assessment included as Attachment 2 of this report.

In summary, the issues raised do not raise any concerns/impacts in relation to the demolition of the buildings, but highlight concerns relating to the future redevelopment of the site (these works are now subject to a separate development application, being DA 2022.453).

These concerns include:

·    that the location of the proposed function centre will affect nearby resident’s amenity

·    the demolition should not be considered before the DA for the function centre has been considered as other sites for the function centre should be considered that will have less noise impacts on residents

·    the site is Crown Land and therefore owned by all citizens and ratepayers who should decide what happens with the land

·    the Poultry Pavilion should be kept in-situ and repurposed as a café

·    the site will evolve into a Registered Club operating 24/7 with associated noise, smells, traffic, alcohol and gambling machines.

These issues are not considered to warrant this application to be refused, as the application only seeks for the demolition or removal of buildings/structures. 

It has been noted that many of the buildings/structures contain asbestos and it is considered that removal of those elements would be in the public interest. In reviewing the matters raised in the submissions, it is considered that Council can suitably consider the determination of the application.

The proposal for the expansion of the site is currently on public exhibition until 29 May 2023 and has been notified to adjoining and adjacent landowners. The consent authority for that application will be the Southern Regional Planning Panel.

Engagement planned

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

Financial and Resource Considerations

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

Legal /Policy

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposed development is consistent with the following statement within the Bega Valley Local Strategic Planning Statement:

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

Environment and Climate Change

The impacts of the development on the environment and climate change are assessed in the Section 4.15 assessment in Attachment 2. Due diligence protocols have been observed in terms of Aboriginal archaeology. The application has demonstrated appropriate steps to protect the environment including the safe demolition and disposal of asbestos which several structures currently contain.

Economic

The impacts of the development on the economy are assessed in the Section 4.15 assessment in Attachment 2. The proposed development will facilitate the removal of structures that contain asbestos to enable future showground facilities to be constructed (subject to a separate development application).

Risk

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

The proposal involves the demolition of structures that contain asbestos material which are addressed by conditions of consent detailed in Attachment 1.

Social / Cultural

The impacts of the development on the community are assessed in Attachment 3. The proposed demolition works would facilitate the removal of structures that contain asbestos to enable future showground facilities to be constructed (subject to a separate development application).

Attachments

1.         Draft Conditions of Consent

2.         Section 4.15 Assessment Report

3.         Proposed Development Plans

4.         Applicant's Statement of Environmental Effects

5.         Applicant's Heritage Impact Statement

6.         Heritage Advisor referral advice

 


Council

24 May 2023

Item 8.1 - Attachment 1

Draft Conditions of Consent

 

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Council

24 May 2023

Item 8.1 - Attachment 2

Section 4.15 Assessment Report

 

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Council

24 May 2023

Item 8.1 - Attachment 3

Proposed Development Plans

 


 


 


 


 


 


 


 


 


Council

24 May 2023

Item 8.1 - Attachment 4

Applicant's Statement of Environmental Effects

 

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Council

24 May 2023

Item 8.1 - Attachment 5

Applicant's Heritage Impact Statement

 

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Council

24 May 2023

Item 8.1 - Attachment 6

Heritage Advisor referral advice

 

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Council 24 May 2023

Item 8.2

 

8.2Tura Marrang Library and Community Centre ground floor redevelopment       

This report provides an update on the progress of the redevelopment of the ground floor of Tura Marrang Library and Community Centre and seeks direction on next steps regarding the proposed redevelopment.

Director Community Environment and Planning  

 

Officer’s Recommendation

That Council:

1.    Notes this report and the progress made on the redevelopment of Tura Marrang Library and Community Centre

2.    Resolves to lodge the development application based on the plan at Attachment 2 to seek approval for the use of the ground floor as leasable commercial and/or community use and library and gallery storage

3.    Calls for expressions of interest from organisations and/or businesses who are interested in leasing the spaces if a development consent is provided and prior to the redevelopment commencing, and that this use is based on a financial return to Council

4.    Endorse staff to seek grants to allow for construction to occur, if a development consent is provided

5.    Notes that the results of the EOI and future funding options for the redevelopment will be reported to Council prior to the redevelopment commencing

6.    Notes that funds are currently allocated to the project in the draft Operational Plan and Budget 2023/24, however this will be determined separately when the budget is adopted by Council

 

Executive Summary

Council resolved in October 2018 to redevelop the lower level of Tura Marrang Library as leasable tenancies and a hireable meeting room, and to call for Expressions of Interest from organisations and businesses to occupy the space to deliver a financial return to Council. 

Architectural plans have since been prepared, and necessary engineering and access requirements considered. The current plans allow for mixed-use facility including the potential for library and gallery storage. A development application has also been prepared.

Council’s Long Term Financial Plan and draft 2023/24 budget includes $290,803 from the general fund towards the project.

Noting a significant amount of time has passed since the 2018 Council resolution, and in the context of the potential special rate variation Council has applied for, this report seeks approval from Council to progress a development application and EOI for organisations/businesses to occupy the spaces.

Background

Council acquired the former Tura Beach Tavern in 2013. In 2016 the upper floor of the building was converted into a library and community centre. Due to the cost of the renovation, the ground floor was not developed and has remained unoccupied and underutilised.

At the ordinary meeting of Council on 31 October 2018, Council considered the development of the ground floor in order to maximise the use of the building and to secure a financial return. Three indicative designs for the ground floor were prepared by staff. Option b offered multi-function use with commercial and/or community leasehold space and a meeting room which could be booked on demand. At that meeting Council resolved: 

·    That Council support the redevelopment of the lower level of the Tura Marrang Library and Community Centre into two spaces for tenancies and a hireable meeting room (option b).

·    That Council approve the use of funds from the Public Domain Building reserve to undertake the redevelopment works in conjunction with any grant funds available. 

·    That Council call for expressions of interest from organisations and/or businesses to occupy the spaces prior to the redevelopment and that use is based on a financial return to Council.

·    That the General Manager and Mayor be authorised to execute any documentation to facilitate the tenancies.

A copy of the Council resolution from 31 October 2018 is available at Attachment 1.

Progress since 2018

The progress of the redevelopment has been delayed due to the availability of contractors and the impact of the COVID-19 pandemic. While still largely empty, the ground floor has been used 'as is’ for storage for the gallery and library service since 2018.

To date: 

·    the space has been cleared of accumulated fixtures, fittings and equipment from the old tavern and Council offices

·    architectural plans have been developed offering multiple leasable spaces, upgraded toilets, and a kitchen for tenants and room users, as well as access to meet Building Code of Australia (BCA) requirements

·    structural plans have been developed by a contract engineer

·    an access report was prepared by a specialist firm and architectural plans amended to meet their recommendations

·    a Development Application has been drafted and is ready to submit in the NSW Planning Portal.

There has been no further consultation with prospective tenants as the space does not have development consent.

Design detail

The current architectural plans (Attachment 2) have refined the indicative drawings prepared by staff in 2018. The plans are largely consistent with the Council’s direction to plan for two spaces for tenancies and a hireable meeting room, however, the current designs include library and gallery storage alongside the leasable spaces which was not considered in the original concept designs. The rationale for this inclusion is based on the operational need for storage for both Council services. The library service requires storage for modular shelving components, furniture, equipment, trolleys, microfilm/archival materials. These were previously stored in Council premises at Minyama Parade which are longer available for that purpose. The ground floor is also suitable for storing the gallery collections due to its relatively stable temperature. While the SECCA redevelopment will increase the capacity of storage at the gallery, it will still not be able to house the whole collection and there remains a need for additional storage for some larger works and for the overflow of items.

The current drawings also include an option for a small office which could be leasable and/or utilised by Council staff. In 2016 the library service was experiencing a strong demand for small rentable office spaces. This demand lessened for a period due to the COVID 19 pandemic, however queries for bookable office space have started to increase.

The current drawings align with the ‘Tura Marrang Library and Community Centre lower level redevelopment’ project outlined in Council’s Investment Prospectus published July 2021 and January 2023. A copy of this content is available at Attachment 3.

Progression to Development Application

Council has the necessary planning in place to progress a development application and secure a change of use for the ground floor. With development consent in place Council will be in a position to call for Expressions of Interest (EOI) for potential tenants. Amendments may be considered if a potential lessee requires a different internal layout. Development consent will also enable Council and/or potential tenants to seek grant funding for the redevelopment. The submission of the development application should not incur any additional costs for Council, unless additional reports are required through the DA assessment process. Approximately $12,000, from the original $30,000 budget allocated to the design phase of the project, is available to finalise the DA should additional information be required.

Potential funding sources

When Council originally considered the redevelopment in 2018, there had been several approaches from commercial and community organisations to lease the space. In a post-COVID environment it is difficult to estimate the current market.

State and federal governments regularly provide grants for community facilities which often require a co-contribution from Council. While grant funding can be sought for the community and Council elements of the project, it is unlikely that grants will be available for purely commercial premises. An EOI for proposed tenants would consider a potential tenant’s capacity to contribute to the development alongside their compatibility with other users.

Options

There are several options available to Council for consideration:

1.    Submit the development application for the ground floor of Tura Marrang Library and, following development approval, call for expressions of interest from organisations and/or businesses to occupy the space, seeking a contribution towards the development and ongoing operational costs. A further report would then be provided to Council before any development work is programmed, including an estimated cost to complete the project and funding source. This is the recommended approach as the majority of the work and cost to lodge a DA has already been undertaken.

2.    Submit the development application for the ground floor of Tura Marrang Library and, following development approval, develop the space with funds currently identified in the 2023/24 draft budget, subject to the budget being adopted by Council. Following this, staff will undertake an EOI for organisations and/or businesses to occupy the space.

3.    Do not progress the development application and maintain the ground floor as storage space for the gallery and library service.

4.    Other options as suggested by Councillors.

 

In relation to funding for this project, Council could consider the following options:

1.    Maintain or reduce the funding for the redevelopment identified in Council’s Long Term Financial Plan and proposed in the draft budget for 2023/24 of $290,803. This will be considered separately by Council when the final draft budget for 2023/24 is provided to Council for determination. Note: Most capital grants require a co-contribution from Council. Additionally, the EOI may not attract tenants in a position to fund the development, and grant funding is not guaranteed.

2.    Remove the budget allocated to the redevelopment from the 2023/24 draft budget and/or in the Long Term Financial Plan. This means the redevelopment is unlikely to occur as most capital grants require a Council co-contribution. This will be considered separately by Council when the final draft budget for 2023/24 is provided to Council for determination.

Community and Stakeholder Engagement

Engagement undertaken

When Council originally considered this redevelopment in 2018, there had been several approaches from commercial and community organisations to lease the ground floor space. At the time there was also a high demand for the hire of meeting rooms at Tura Marrang library. While this indicated the ground floor would be well utilised at the time, no consultation has been undertaken since then to determine whether there is still market appetite for leasable and/or hireable spaces in Tura Beach.

Engagement planned

If approved by Council, and following a development consent being issued, staff will undertake an EOI process for potential tenants and users of the space, including consideration of capacity to contribute towards the redevelopment and ongoing operational costs.

Financial and Resource Considerations

Following the Council resolution in 2018, $30,610 was allocated from the Public Domain Building reserve towards the design phase of this project. To date $17,793 has been expended. This allows $12,817 if any additional consultant work is required throughout the DA process.

This project is identified in Council’s Long term Financial Plan with $290,000 budgeted from the general fund. An additional $150,000 is budgeted from the Public Domain Building reserve for building maintenance.

However, the original costings were based on the architect’s estimate in 2022 and are indicative only. Pending the Council resolution, staff will reassess the estimated budget for the project and include in a further report to Council.

There are also potential funding opportunities which should be pursued to assist with this project and any successful grant could reduce the draw on Council’s contribution.

It is anticipated that income from tenancies and room bookings would cover all operating costs (noting the building has solar power). Depending on the tenancies that are ultimately taken up, the income from those tenancies could be used to offset the funds used from the Public Domain Building reserve, essentially allowing for investment back into buildings that do not make a financial return to Council. 

Projected income

In 2018 the annual income for the redeveloped space was projected at $56,652 to $65,100 per annum. Using the Bega Valley Regional Learning Centre as a guide, and based on the current designs, it is anticipated the leasable spaces could yield from $50,161 to $73,508 per annum. This would need to be tested in the marketplace.

Space

Projected income per annum (2023)

Tenancy of entire floor area

$73,508

Tenancy of leasable spaces (excluding library/gallery storage)

$54,104

Tenancy of leasable spaces, bookable meeting room (excluding library/gallery storage)

$50,161

Bookable meeting room only

$9,000

Tenancy income based on 75% x $30.67/m2/month (modelled on BVRLC)

 

Legal /Policy

Development consent is required to change the use and redevelop the ground floor of the Tura Marrang Library and Community Centre.

This Council owned property is contained on Lot 158 DP 1140729 at Tura Beach Drive, Tura Beach and is classified as operational land under the Local Government Act 1993 (NSW).

A lease enables exclusive use over a particular piece of land or building for a specified term and purpose. In accordance with Council’s Management of Leases and Licenses Procedure a tenure arrangement may be granted by:

·    Invitations for expressions of interest.

The purpose of the tenure arrangement must be compatible with:

·    The land classification under Section 26 of the Local Government Act 1993 (NSW)

·    The permitted use under Council’s Local Environmental Plan.

All community organisations who wish to lease or licence Council owned, or managed land or buildings will be required to provide a Certificate of Incorporation issued by the NSW Department of Fair Trading. 

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This project aligns with a range of strategies in the Bega Valley Community Strategic Plan including D.2: provide infrastructure and services that meet the needs of residents in our towns, villages and rural areas, and A.5: provide and advocate for accessible services and initiatives that contribute to wellbeing across all stages of life.

The project was first included in Council’s Operational Plan in 2020/21 and was featured in Council’s Investment Prospectus published in July 2021 and January 2023.

The development is consistent with a key objective of the Bega Valley Library Strategic Plan: To foster innovation through cutting edge technologies, multipurpose spaces, and functional design.

Environment and Climate Change

Tura Marrang Library and Community Centre was fitted with solar panels in June 2018. This has greatly reduced the operating costs of the facility, with an average annual avoided cost over the last 5 years of approximately $6,000 per year.

Economic

The redevelopment aims to maximise the potential of an existing, underutilised Council building, offering both an economic return to Council and premises suitable to house organisations or businesses.

Risk

There is minimal risk to Council in progressing the development application. Progression will reduce the risk of the building remaining underutilised into the future.

Should Council not progress with the development application and decide to maintain its use as a storage space, the opportunity for attracting grant funding towards a redevelopment will be significantly reduced.

Should Council resolve to reduce or remove the budgeted funds for the works, and funds from external sources not be forthcoming, the project will stall. Retaining some funds towards a co-contribution will increase Council’s ability to match grant funding if required.

No other Council facility has been identified for storage for the gallery and library. Should a prospective tenant wish to lease the whole floor or elements of the floor identified for those purposes, Council would need to find alternative storage space and new budget for those services.

Social / Cultural

While the social and cultural value of the redeveloped space will not be entirely clear until it is tenanted, it has the potential to enhance the amenity of the precinct and build on the facility’s role as a community hub.

Census data indicates the catchment of the Tura Marrang Library has a higher-than-average percentage of older people and people living alone.  It is well known that social connections and access to services are prime factors in improving health and wellbeing outcomes for these cohorts. 

Tura Marrang Library already supports and encourages social cohesion by bringing together individuals and community groups of all ages. It rivals Bega as the shire’s busiest library, now averaging nearly 4,000 visits per month, steadily climbing up to pre-COVID numbers of approximately 5,000 visits per month.

There is a high demand for library programs with successful programs including the Intergenerational Playroom (bringing together the youngest and oldest members of the community together), the innovative Late Night Libraries program (attracting up to 60 young people per session), Storytime (15-20 participants per session), Rhymetime (20-40 participants per session) and the very successful Words and Music program which has reduced isolation amongst seniors (350 visits in the last 17 months). 

During the ten months between July 2022 and 30 April 2023, the Tura Library meeting spaces were booked 323 times (average of 32.3 times per month). Community groups are regular users of the Tura Marrang spaces and include a quilters group, worship groups, environmental groups, technology help and art workshops. Social services such as Headspace and Workability also regularly book a room at Tura Marrang. Government departments, such as the Australian Electoral Commission, utilise Tura Marrang Library spaces from time to time.

Attachments

1.         Council Resolution 31 October 2018 Tura Marrang Library and Community Centre Lower level redevelopment and former Managers Residence

2.         Tura Marrang lower level fitout

3.         Excerpt from BVSC Investment Prospectus 2021 and 2023 l

 


Council

24 May 2023

Item 8.2 - Attachment 1

Council Resolution 31 October 2018 Tura Marrang Library and Community Centre Lower level redevelopment and former Managers Residence

 

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Council

24 May 2023

Item 8.2 - Attachment 2

Tura Marrang lower level fitout

 

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Council

24 May 2023

Item 8.2 - Attachment 3

Excerpt from BVSC Investment Prospectus 2021 and 2023

 

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Council 24 May 2023

Item 8.3

 

8.3.  Finalisation of planning proposal for Market Street, Merimbula      

This report seeks a Council resolution to finalise a planning proposal to increase the maximum height of buildings limit for certain land at Market Street, Merimbula.

Director Community Environment and Planning    

Officer’s Recommendation

That Council

1.    Support the planning proposal to amend the Bega Valley Local Environmental Plan 2013 to change the height of buildings limit at 29-33 Market Street, Merimbula (Attachment 1), subject to reducing the proposed increase in height from 18 metres to 16 metres and request that the Minister for Planning make the plan

2.    Advise those who made a submission during exhibition of the planning proposal of Council’s resolution on this matter.

 

Executive Summary

A planning proposal to amend the Bega Valley Local Environmental Plan 2013 (BVLEP 2013) to increase the height of buildings limit at 29-33 Market Street, Merimbula from 13m to 18m has been publicly exhibited.

Assessment of the planning proposal by Council officers found that while the planning proposal demonstrated strategic merit, in terms of site-specific merit, the proposal does not adequately justify the increase to 18m in the context of: the existing built environment, the current maximum building height limit of 13m and the site’s proximity to Merimbula Lake, and would result in a significant change of character to the Merimbula town centre.

This report seeks Council’s resolution to finalise the planning proposal, subject to a change in the proposed increase in the height of buildings limit from 18m to 16m for the site. While 16m would also result in a change of character to the existing built form in Market Street, it is considered that this more moderate increase in height of buildings limit can be more comfortably accommodated at the site.  

The planning proposal was lodged concurrently with a development application for a five-storey mixed use development in accordance with the Bega Valley Shire Commercial Land Strategy 2040 (Commercial Land Strategy). The development application will be presented to Council separately on completion of the development assessment process. It is noted that under the NSW planning legislation, a development application that exceeds the height of buildings limit for the site may be considered for approval by Council as a variation to development standards.

This report was previously tabled for the Council meeting of 14 December 2022. However, at the request of the applicant, Council resolved to defer consideration of the matter until the applicant had had sufficient time to consider the implications of the staff recommendation.

The applicant subsequently lodged a further 11-page submission to Council, supported with an amended floor plan and summary document outlining some of the changes proposed to the building (included as Attachments 6 and 7 to this report). In relation to height of buildings, the amended floor plan introduces a 6m upper-level setback to the northern side of the uppermost (fifth) storey. The submission did not result in any change to the staff recommendation.

Background

During the drafting of BVLEP 2013, the maximum height of buildings limits in Merimbula town centre were reviewed in response to submissions stating that height limits needed to be increased to facilitate development. Following this review, which was undertaken by an architecture firm, in February 2015 the maximum height of buildings limits were increased from 7.5m, 10m or 14m to a range of 10m, 13m or 16m. The increased heights were accompanied by the ‘Central Business District Design Guidelines’ which were incorporated into Bega Valley Development Control Plan 2013 (BVDCP 2013) and introduced controls relating to building storeys and setbacks.

Attachment 2 to this report illustrates the subject land in the context of the B2 Local Centre zone in Merimbula town centre and the current height of buildings limits under BVLEP 2013.

On 20 April 2022 Council considered a report regarding a planning proposal to amend BVLEP 2013 to increase the height of buildings limit at Lot 112 DP 1227927 and Lot 11 DP 838058, 29-33 Market Street, Merimbula from 13m to 18m and resolved to authorise Council officers to submit the planning proposal and supporting information to the NSW Department of Planning and Environment for a gateway determination.

The planning proposal was lodged at the same time as a development application seeking development consent for the demolition of all existing buildings and structures on site and construction of a new five storey mixed use development comprising ground floor commercial tenancies and car parking (over three levels), as well as four levels of residential apartments containing 52 apartments across three detached buildings, a pedestrian laneway connecting Market Street to the Palmer Street carpark, and street improvement and public domain works including widening of the Market Street road reserve by 3m along the full length of the subject land’s interface with Market Street.

The planning proposal and development application were lodged together in accordance with Council’s Commercial Land Strategy which states: ‘To encourage new development in Bega and Merimbula town centres, Council will consider site-specific proposals, with a land area greater than 2000m2, to increase the maximum height of buildings in Merimbula by way of a combined planning proposal and development application that allows the community to evaluate the details of each proposal.’ The Commercial Land Strategy notes that ‘Larger sites can more easily integrate higher levels without impacting upon neighbouring sites’.

The planning proposal and development application were publicly exhibited together from 15 June to 15 July 2022 and 34 public submissions were received. All submissions were reviewed by Council officers in consideration of both the planning proposal and development application.

The purpose of this report is to advise Council of the feedback to the exhibition of the planning proposal and seek a resolution to finalise the matter. The development application will be presented to Council separately on completion of the development assessment process.

Options

Options available to Council are:

1.    Proceed with the planning proposal and increase the height of buildings limit from 13m to 16m instead of the exhibited 18m. This is the recommended option because it gives effect to Council’s adopted land use strategies and the desired future character statement for Merimbula, is consistent with the Coastal Design Guidelines for NSW 2003 and addresses the dwelling undersupply in Merimbula. As this recommended change is not considered to be minor, Council does not have delegation to finalise the planning proposal and the Minister for Planning is authorised as the local plan-making authority.

2.    Proceed with the planning proposal as exhibited and increase the height of buildings limit from 13m to 18m, and request that the applicant enter into a Voluntary Planning Agreement to formalise the proposed: widening of the Market Street public domain by 3m; provision of street beautification works; and provision of an alleyway access between Market Street and the Palmer Street carpark, as detailed in Attachments E and F to the planning proposal (a copy of these attachments has been uploaded to the Councilor portal) and register the planning agreement on the title prior to finalisation of the Local Environmental Plan amendment. This option would give effect to Council’s adopted land use strategies and the desired future character statement for Merimbula and addresses the dwelling undersupply in Merimbula. However, this option is not recommended because of inconsistencies with Coastal Design Guidelines for NSW 2003, the substantial change in character for the town centre and impact on the streetscape due to the larger bulk and scale, and an increased impact on private lake views than would result from 16m development. Should Council resolve to proceed with this option, the planning proposal can be finalised by Council in accordance with the delegations issued by the Minister for Planning in the Gateway Determination.

3.    Not proceed with the planning proposal and retain the existing height of buildings limit of 13m. This would limit changes in height and character in the town centre to three storeys. However, this option is not recommended because it does not give effect to Council’s adopted land use strategies and the Commercial Land Strategy recognises that restrictive height of buildings limits can be an impediment to redevelopment.

Community and Stakeholder Engagement

Engagement undertaken

Council engaged with the local community and government agencies as per the gateway determination and Council’s Community Engagement Strategy. This included notification on Council’s website and writing to all adjoining and adjacent landowners within a 200m radius of the subject land. Council issued a media release which was published in print media and online news sites and broadcast on radio and provided information on Council’s Facebook page and in the Bega Valley Together newsletter.

The planning proposal and development application were exhibited concurrently from 15 June to 15 July 2022. Thirty-four (34) public submissions were received. A copy of the public submissions is provided in Attachment 3 to this report. All submissions were reviewed to identify the issues raised that relate to the planning proposal and those that relate to the development application.

This report provides a summary and Council officer’s response to the issues raised in submissions that are relevant to the planning proposal. The issues that are relevant to the development application will be considered further and addressed in the assessment of the development application, which will be reported to Council separately on completion of the development assessment process.

The issues raised in the submissions to the exhibition of the planning proposal are addressed in points 1 to 12 below.  The issues raised in the submission received in March 2023 (Attachment 6) on behalf of the applicant following deferral of the report on the matter at the December 2022 Council meeting are detailed in points 13 to 21 below.

Engagement planned

No further engagement on the planning proposal is planned.

Summary of issues raised in submissions

1) Desired future character

Issue summary: The proposal is not in keeping with current or future vision for Merimbula town centre and does not align with Council’s strategic objectives for towns and villages.

Staff comment:

Recent land use strategic planning has been undertaken in the development of the Bega Valley Shire Residential Land Strategy 2040 (Residential Land Strategy), Bega Valley Shire Affordable Housing Strategy (Affordable Housing Strategy), and more specifically for Merimbula in the development of the Commercial Land Strategy and Bega Valley Shire Local Strategic Planning Statement 2040 (LSPS) which provide desired future character statements for the town. These documents identify Merimbula as an area for some higher buildings in the future than currently exists, and that larger development is well articulated and proportioned and the overall height, bulk and scale is in keeping with a medium-rise coastal setting. The Commercial Land Strategy defines medium-rise development as 4-5 storeys and as such, the proposal is not considered to be high-rise at 5 storeys. 

Council’s land use strategies acknowledge that previous lack of development has resulted in a low-density urban context. They also recognise that to provide additional housing supply and make better use of existing infrastructure it will be necessary for increased density in town centres and this will result in some change of character.

Attachment 4 to this report contains streetscape analysis provided by the applicant to show how increased height of buildings along the western side of Market Street up to the intersection with Merimbula Drive may look in the context of the proposal.

Recommendation: No changes are recommended to the planning proposal.

2) Town centre revitalisation

Issue summary: Merimbula is looking tired and drab / losing its appeal for tourists; Market Street has no major drawcards other than the lake foreshore / need to take advantage of position on the edge of the lake; the proposal will add 52 dwellings to the Central Business District; the proposal may provide the anchor / be the catalyst to turn Market Street into a more attractive and vibrant location; increase in height is a small price to pay for the benefit; proposal is consistent with the recommendations of the Commercial Land Strategy.

Staff comment: Noted.

Recommendation: No changes are recommended to the planning proposal.

3) Coastal setting

Issue summary:  The proposal is too close to the waterfront / not consistent with the Coastal Design Guidelines for NSW 2003.

Staff comment: In relation to heights in coastal towns such as Merimbula, the Coastal Design Guidelines for NSW 2003 (Coastal Design Guidelines) contain a number of recommendations that are relevant to development on the subject land, including  generally heights of up to four storeys in town centres, that along main streets buildings should demonstrate consistent heights and setbacks,  that new development is appropriate to the predominant form and scale of surrounding development (either present or future), surrounding landforms and the visual setting of the settlement, and that development should complement and coordinate the centre’s hierarchy of built form with lower buildings adjacent to the foreshore and higher buildings away from the foreshore.

At its closest point, the subject site is relatively close to the lake foreshore at 50m distance.  Between the subject site and the foreshore, the land has been developed with one and two storey buildings. The mapped height of buildings limit adjacent the foreshore is 10m. Moving back from the foreshore, to comply with the Coastal Design Guidelines it would be appropriate to increase the height of buildings limits incrementally and in a way that can be replicated consistently along the main street.  Based on the Coastal Design Guidelines, it is considered that increasing the height of buildings limit to 16m to enable four storey commercial / residential development would be more appropriate than permitting five storeys at the subject site.

Recommendation: It is recommended that the planning proposal is amended to apply a 16m height of buildings limit to the subject site. 

4) Bulk and scale

Issue summary: The bulk and overshadowing studies are flawed. The proposal will overpower the street / is not sympathetic to the streetscape.

Staff comment: The bulk and overshadowing studies compare the development to the surrounding height of buildings limits rather than existing development. This is appropriate for a planning proposal that is seeking to increase the height of buildings limits in Merimbula where existing development is not representative of the desired future character for the CBD.

The proposed increase in height to 18m within a high street setting that is predominantly 1-2 storeys and where the existing height of buildings limits is identified as 13m would result in a significant change to the character of Market Street.

Recommendation: It is recommended that the planning proposal is amended to apply a 16m height of buildings limit to the subject site. 

5) Views

Issue summary: The proposal will impact the buildings behind / views of the lake from several locations, diminish the value of assets, and is inconsistent with Council’s strategy to protect key view corridors.

Staff comment: A site assessment by Council officers found that redevelopment of the site to the existing 13m limit will partially obscure lake views from several of the locations mentioned in submissions, and potentially fully obscure private lake views from some lower-lying units between the site and the lake.  It was found there would be no impact on views from Boller Park or neighbouring motels at the top of Merimbula Drive from an 18m development. Therefore, the proposed increase to the height of buildings limit to 16m is not likely to result in any significantly different view impact than would result if the site was developed to the current height of 13m. It is noted that the existing height of buildings limit of the Palmer Street carpark behind the subject site is 16m.

Recommendation: No changes are recommended to the planning proposal.

6) Overshadowing

Issue summary: The proposal will completely overshadow the current commercial area / excessively overshadow the public realm or open space; the shadow diagrams are misleading or flawed.

Staff comment: The proposal is compliant with the requirements of Bega Valley Development Control Plan 2013 and the NSW Apartment Design Guide in relation to overshadowing of neighbouring sites and the extent of overshadowing of Market Street would not be significantly greater than overshadowing caused by a 13m high building. The shadow diagrams have been reviewed by Council officers and found to be accurate.

Recommendation: No changes are recommended to the planning proposal.

7) Reduce or retain height limits

Issue summary:  The 13m limit is too high / adequate; all development should be limited to 13m/ 2-storeys; 18m is excessive / not warranted / will set a precedent.

Staff comment: The Commercial Land Strategy, Residential Land Strategy and Affordable Housing Strategy all recommend reviewing height of buildings limits in the commercial centres with a view to potentially increasing them. Specifically, the Affordable Housing Strategy includes an action to investigate increasing heights in B2 Local Centre zones by an equivalent of one storey to improve the viability of shop top housing development.

The existing 1-2 storey development is not representative of the desired future character for Merimbula’s town centre, which currently permits up to 13m high buildings along the western side of Market Street. Reducing or retaining the existing 13m height of buildings limit is not recommended as it does not align with Council’s strategic land use plans and will not incentivise redevelopment of the subject site.

Recommendation: No changes are recommended to the planning proposal.

8) Non-Aboriginal heritage

Issue summary: The proposal does not respect the heritage value of Twyford Hall and undermines the balance between old and new development.

Staff comment:  The subject site is in the vicinity of heritage listed Twyford Hall. Council’s Heritage Advisor has assessed the proposal and noted “Having queried the appropriateness of the bulk and scale, it appears that while the corner and shop top housing designs do not respect the adjoining heritage item or streetscape, they present a picture for higher new development, with a reasonable choice of external materials and colours”.

Recommendation: No changes are recommended to the planning proposal.

9) Landmark building

Issue summary: A landmark building at this location will not be beneficial for Merimbula.

Staff comment: The proposal is consistent with Bega Valley Development Control Plan 2013 which requires buildings occupying corner sites, at the termination of vistas along streets and at key bends in a street, to be of a larger scale and include certain design elements.

Recommendation: No changes are recommended to the planning proposal.

10) Zone objectives and land use

Issue summary: The proposal is not consistent with the objectives of the zone. The intent of the inclusion of shop top housing in the zone is not to permit four levels of residential development.

Staff comment: The proposal is consistent with the objectives of the B2 Local Centre zone.  The definition of shop top housing does not restrict how many storeys of residential development are permitted.

Recommendation: No changes are recommended to the planning proposal.

11) Coastal hazards

Issue summary: The climate change sea level rise data is underestimated; most of waterfront Merimbula will be underwater by 2100. Council should not permit any development in these zones as it is not low risk and Council could be liable.

Staff comment: For the purposes of the planning proposal, Council must consider the suitability of more intense development on the site in relation to flood planning. The application was referred to Council's Environmental Services section who assessed the risks to the proposed development from overland flow, flooding and inundation, including the impacts of sea level rise. Their response concluded that any impacts on the site could be adequately mitigated and that the site is suitable for the proposed development

Recommendation: No changes are recommended to the planning proposal.

12) Consultation with aviation authorities

Issue summary: The gateway determination required consultation with the Commonwealth Department of Infrastructure, Transport, Regional Development, Communications and the Arts, the Civil Aviation Safety Authority and the lessee/operator of Merimbula Airport.

Staff comment: Responses were received from all three authorities and no objections to the proposal were raised.

Recommendation: No changes are recommended to the planning proposal.

13) Applicant submission overview

Issue summary: A submission was received on behalf of the applicant following deferral of the report on the matter at the December 2022 Council meeting (Attachment 6). The submission included detail relating to the project background, the proposed building, the desired character for Merimbula, that new buildings will fit in with old, and aspects of the December Council report on the matter relating to desired character, existing character, use of the Coastal Design Guidelines and views. The submission also included reasons why a five-level building should be approved in this location, the development application/planning proposal concept, and an offer to enter into a planning agreement. The submission was accompanied by revised floor plans (see Attachment 7), a Cost Report prepared by a quantity surveyor, further discussion about likely changes to the development if limited to four storeys and estimated unit sales prices by a local real estate agent.

Staff comment:

The central points in the applicant’s submission rest heavily on the desired future character statements in the Commercial Land Strategy and LSPS, and history of the planning proposal.  The submission makes several erroneous statements and draws mistaken conclusions about the wording of the December 2022 Council report, the planning proposal assessment process, the status of Council’s desired future character statements and land use strategies, and the purpose, structure and application of the Coastal Design Guidelines.

Recommendation: No changes are recommended to the planning proposal.

14) Planning proposal process

Issue summary: In April 2022 Council resolved that the planning proposal be supported and sent to the Department of Planning and Environment for a gateway approval which was subsequently issued. But in December 2022, a staff report on the matter recommended that the Council reject the proposal because it would make ‘a significant change of character to the Merimbula town centre’, was said to be contrary to the Coastal Design Guidelines and would affect some views. None of those issues are new. Had any of them been substantial, one would expect them to have been raised at some time after the initial presentation was made and discussed in the April 2022 Council report.

Councillors should be made aware that it is well established planning law that where a Council wants an area to change, the test to be applied when considering a planning proposal is not whether the proposal is consistent with what is there now but whether it is consistent with what Council wants to see in the future.

Staff comment:

By recommending the proposal go to Gateway Determination, Council does not forego its obligations to review the public submissions and undertake any changes resulting from the review of submissions. The NSW Department of Planning and Environment’s Local Environmental Plan Making Guideline (December 2021) states that ‘The PPA [Planning Proposal Authority] may vary a proposal at any time during the Local Environmental Plan making process or request the Minister (or delegate) to determine that the matter not proceed’ (s3.35(4) of the Environmental Planning & Assessment Act 1979).

The Local Environmental Plan Making Guideline (December 2021) states that when a Local Environmental Plan is made or amended through a planning proposal, it must demonstrate both strategic merit and site-specific merit. Assessment of the planning proposal by Council officers found that while the planning proposal demonstrated strategic merit, in terms of site-specific merit, the proposal does not adequately justify the increase to 18m in the context of the existing built environment, the current maximum building height limit of 13m and the site’s proximity to Merimbula Lake, and would result in a significant change of character to the Merimbula town centre.

Recommendation: It is recommended that the planning proposal is amended to apply a 16m height of buildings limit to the subject site. 

15) Coastal Design Guidelines for NSW 2023

Issue summary: The planning proposal exceeds the height limits recommended in the Coastal Design Guidelines, however, the guidelines do not carry statutory weight and heights are subject to place-specific urban design studies.

The December report misquoted and misapplied the Coastal Design Guidelines and overlooked that part of the Ministerial Direction which refers to ‘Inconsistency’. The Coastal Design Guidelines give broad advice on urban design for Councils to consider when preparing their own plans and do not mention Merimbula. Clause 6.a of the Coastal Design Guidelines states ‘Generally heights of up to four storeys in town centres’ – note ‘Generally’ but not always.

The Desired Character Statement in the LSPS sets out a comprehensive urban design for the town centre. The Ministerial Direction says that when a Council adopts a Local Strategic Plan which considers the protection and management of coastal areas, then the Council plan overrides the Coastal Design Guidelines to the extent of any inconsistency between them. The result is that the Council’s site-specific urban design for the Merimbula town centre replaces the Coastal Design Guidelines to the extent that they are inconsistent.

Staff comment:

Under the requirements of the Environmental Planning and Assessment Act 1979, Councils are required to assess planning proposals against the Section 9.1 Directions by the Minister. Under Direction 4.2 Coastal Management, for land in the coastal zone (as defined under the Coastal Management Act 2016), a planning proposal must include provisions that give effect to and are consistent with the Coastal Design Guidelines. In relation to consistency, the Direction provides that ‘A planning proposal may be inconsistent with the terms of this direction only if the planning proposal authority can satisfy the Planning Secretary (or their nominee) that the provisions of the planning proposal that are inconsistent are:

(a) justified by a study or strategy prepared in support of the planning proposal which gives consideration to the objective of this direction, or

(b) in accordance with any relevant Regional Strategic Plan or District Strategic Plan, prepared under Division 3.1 of the EP&A Act by the relevant strategic planning authority, which gives consideration to the objective of this direction, or

(c) of minor significance.’

Part 1 of the Coastal Design Guidelines determines a local hierarchy of settlements that can be used to categorise different types of coastal settlements. Based on this, the Coastal Design Guidelines provide a desired future character for each type of settlement. Based on the population of Merimbula, it is best categorised as a Coastal Town. In relation to height, the Coastal Design Guidelines advise: ‘6.a. Generally heights of up to four storeys in town centres’ and ‘6.c. Heights are subject to place-specific urban design studies. New development is appropriate to the predominant form and scale of surrounding development (either present or future), surrounding landforms and the visual setting of the settlement. Buildings avoid overshadowing of public open spaces, the foreshore and beaches in town centres before 3pm midwinter and 6.30pm Summer Daylight Saving Time. Elsewhere avoid overshadowing of public open spaces, the foreshore and beaches before 4pm midwinter and 7pm Summer Daylight Saving Time’.  Notably, Council does not have a place-based urban design study for Merimbula and therefore the Coastal Design Guidelines do not provide a more flexible approach to determining appropriate height limits.

Part 2 of the Coastal Design Guidelines provides design principles for coastal settlements that include case studies. The five principles include 5) Appropriate buildings in a coastal context, which ‘shows how specific development relates to the site’s natural features and to its location within the settlement’. The document provides case studies of undesirable practice and desirable practice within a coastal town. The Coastal Design Guidelines identify that town centre coastal foreshore sites should be developed to a lower height than sites further away from the foreshore.  The subject site, at its closest point, is 50m from Merimbula Lake.

The applicant was made aware of staff’s more detailed assessment against the Coastal Design Guidelines during the review of the public submissions and was invited to provide their own more detailed assessment. Their response is included in the Response to Request for Further Information provided as Attachment 5.

Council’s Commercial Land Strategy and desired future character statement for Merimbula in the LSPS are not urban design studies and do not replace the Coastal Design Guidelines to the extent that they are inconsistent.

Therefore, it was found that the applicant had not justified the inconsistency with the Ministerial Direction by a study or strategy in accordance with Direction 4.1(a), nor provided evidence that the inconsistency with Direction 4.1(c) is of minor significance. It is noted that Direction 4.1(b) does not apply in this instance.

Recommendation: It is recommended that the planning proposal is amended to apply a 16m height of buildings limit to the subject site. 

16) Commercial Land Strategy

Issue summary: The Commercial Land Strategy says that the character of the Merimbula town centre is defined by its coastal atmosphere and its lakeside setting, and not by its older buildings. It encourages their replacement and helps that process along by allowing new, four and five level buildings to be built on large lots.

Staff comment:

The Commercial Land Strategy opens the door to Council to ‘consider site-specific proposals, with a land area greater than 2000m2, to increase the maximum height of buildings in Merimbula by way of a combined planning proposal and development application that allows the community to evaluate the details of each proposal’. This provision does not automatically allow new four or five storey buildings to be built on large lots, nor does it remove Council’s obligations to follow proper process by assessing in detail each proposal on its merits and with consideration of the relevant legislation.

Recommendation: It is recommended that the planning proposal is amended to apply a 16m height of buildings limit to the subject site. 

17) Planning scheme and design queues

Issue summary: Bearing in mind that the LSPS calls for the town centre to be ‘transformed’, the questions are ‘Does the planning scheme allow for five levels to be built in the town centre?’ and ‘Do new buildings have to take their design cues from the existing buildings?’

Staff comment:

The key issue is whether the planning proposal to increase the height of buildings limit to 18m at the subject site has site-specific merit, not whether the planning scheme allows for five storeys in the town centre, or whether new buildings have to take their design cues from the existing buildings.

Recommendation: It is recommended that the planning proposal is amended to apply a 16m height of buildings limit to the subject site. 

18) Taller buildings

Issue summary: Taller buildings in a transformed town centre are part of the plan. The LSPS calls for taller buildings fronting ‘attractive streetscapes’ in the town centre and states that they will fit in with the coastal town character and its lake front setting.

Staff comment:

The use of the word ‘taller’ in the desired future character statement is made in the context of a broader grouping of sentences and has been taken out of context. I.e. ‘Buildings are higher in some places than those that currently exist in the town. Taller buildings are appropriately located and set within attractive streetscapes so that their visual appearance fits in with the coastal town character and lake front setting.’  The statement acknowledges the sensitivity of locating buildings in proximity to a lake frontage.

Recommendation: It is recommended that the planning proposal is amended to apply a 16m height of buildings limit to the subject site. 

19) Views

Issue summary: Behind this property is the Council car park. It has a height limit of 16 metres and the December 2022 Council report suggests that this property should have the same height limit. There are properties behind the town centre with views of the lake and sooner or later, something is going to be built in the town centre which will affect those views. But the effect on views may be quite small because the December 2022 Council report says that the proposed 18m height limit ‘is not likely to result in any significantly different view impact than would result if the site was developed to the current height of 13m’.

Staff comment:

View impact was not considered to be an issue for the planning proposal because of the existing mapped 13m height of buildings limit.

Recommendation: No changes are recommended to the planning proposal in relation to views.

20) Voluntary Planning Agreement

Issue summary: The submission stated that the applicant is willing to enter into a Planning Agreement with the Council and suggests that it includes works which will contribute to the future town plaza.

Staff comment:

The offer to enter into a Voluntary Planning Agreement (VPA) for the public domain in Market Street is noted and supported, as once the height of buildings limit is increased, without a VPA Council has no mechanism to ensure that such streetscape and connectivity outcomes can be enforced.

Recommendation: Should Council resolve to support the increase in height from 13m to 18m, it is recommended that the applicant is requested to enter into a Voluntary Planning Agreement to formalise the proposed widening of the Market Street public domain by 3m; provision of street beautification works; and provision of an alleyway access between Market Street and the Palmer Street carpark, as proposed in Attachments E and F to the planning proposal, and register the planning agreement on the title prior to finalisation.

21) Economic justification

Issue summary: The Cost Report prepared by a quantity surveyor on behalf of the applicant shows that the cost of four levels in that location would be approximately $23.6 million compared with the original building cost of $27.3 million, a saving of approximately $3.65 million. A local real estate agent has estimated that the loss of the top floor units would reduce sales for the project by approximately $12.5 million. The net cost to the project of removing the top floor is therefore approximately $8.8 million.

The figures suggest that a four-level development will be viable where the upper three levels have lake views. That suggests that Market St, between Monaro St and the hotel, could produce viable four level developments, as could Beach St. Three levels are not viable at the subject site so adding only one more would still be risky. The logical response from a developer would be to minimise the risk by building:

·       as many small units as possible
·       with car parking and setbacks, to the lowest standard required by the DCP
·       a narrow alley
·       removing or reducing the setback along Market St
·       cheaper quality from a cheaper build.

Four levels in the town centre buys mediocrity; five levels buys quality.

Staff comment: The Cost Report provided by the applicant is based on construction figures from February 2022 and the real estate agent’s anticipated sale prices were provided in February 2023. It is uncertain what the effect of this non-alignment may have on any economic conclusions. The revised four-storey plans used for the Cost Report include more parking spaces than Council’s Development Control Plan requires. On site car parking provision is known to be a significant factor in the economic viability of development. The assumptions made regarding the viability of three, four and five story development in the Merimbula Town Centre are not supported by any additional economic analysis or costings.  The submission does not provide any conclusion regarding the viability of four storey development on the site.

Recommendation: It is recommended that the planning proposal is amended to apply a 16m height of buildings limit to the subject site. 

Financial and Resource Considerations

The planning proposal has been prepared by the applicant and the applicable fee received in accordance with Council’s adopted Fees and Charges 2021-22.

 

 

 

Legal /Policy

This planning proposal has been prepared in accordance with Section 3.33 of the Environmental Planning and Assessment Act 1979 and the NSW Department of Planning and Environment’s Local Environmental Plan Making Guideline (December 2021).

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Local Strategic Planning Statement (LSPS)

The proposal would facilitate several desired outcomes of the LSPS:

·    Increase housing density within established urban areas.

·    Allow for growth and encourage housing diversity and affordability while enhancing the distinct local character of each place.

·    Encourage a diversity of land uses and businesses within commercial centres.

The proposal would give effect to the desired future character for Merimbula, as outlined in the extracts below, and would not interfere with identified protected public views:

·    View corridors to the lake and ocean and access to Merimbula Lake are retained.

·    Public views of Merimbula Lake, Back Lake and the ocean from Merimbula Drive on the approach into town are protected.

·    Attractive buildings distinguish new development.

·    Buildings are higher in some places than those that currently exist in the town. Taller buildings are appropriately located and set within attractive streetscapes so that their visual appearance fits in with the coastal town character and lake front setting.

·    Larger development is well articulated and proportioned with the overall height, bulk and scale in keeping with a medium-rise coastal setting.

·    The town centre is a prominent mixed-use area.

·    The town centre has transformed through the redevelopment of old buildings.

·    Market Street and the lake foreshore is the physical and perceptual heart of the commercial centre.

·    The density and diversity of housing close to the town centre has increased and contributes to the vitality of the town.

Commercial Land Strategy

The proposal is consistent with the following principle and recommendations of Council’s Commercial Land Strategy:

·    Foundation Principle: Recognise the underlying importance of residential development to commercial development to meet changing demand for goods and services, attract new residents and provide opportunities such as shop top housing that add vitality, housing diversity and security.

·    It is recommended that Council investigate increases in height limits to incentivise development of shop-top housing to help facilitate greater housing diversity and supply in the Merimbula commercial centre.

·    Council will consider site-specific proposals, with a land area greater than 2000m2, to increase the maximum height of buildings to encourage new development in Merimbula town centre by way of a combined planning proposal and development application.

The proposal aligns with the Merimbula character statement:

·    Protect key elements within the streetscape including view corridors and access to Merimbula Lake where larger development is well articulated and proportioned and the overall height, bulk and scale is in keeping with a medium-rise coastal setting.

Affordable Housing Strategy

Council’s Affordable Housing Strategy recommends Council consider increasing height in B2 Local Centre zones by an equivalent of one storey to improve the viability of shop top housing development. Although this work has not been completed, it is noted that an additional storey applied across other parts of the B2 Local Centre zone could have the effect of reducing the difference between the proposed height increase at the subject site and the rest of the town centre.

Community Strategic Plan (CSP)

The proposal aligns with the CSP: to collaborate with relevant agencies and the private sector to increase the diversity and affordability of new and existing housing, particularly to meet the needs of our ageing population.

South East and Tablelands Regional Plan

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

Environment and Climate Change

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

Economic

The proposal supports provision of additional residential and commercial opportunities to supplement the current options available in the market.

Risk

The proposal is consistent with the recommendations of the Commercial Land Strategy and does not introduce any new risks to Council.

Social / Cultural

The proposal supports provision of additional residential and commercial opportunities to meet the needs of the community for provision of housing, goods and services.

Attachments

1.         Market Street height of buildings planning proposal as exhibited

2.         Existing maximum height of buildings limits in Merimbula Town Centre

3.         Summary of submissions to Market Street height of buildings planning proposal and development application

4.         Streetscape Analysis extract provided post-exhibition

5.         Applicant's response to request for information and public submissions

6.         Applicant's Submission March 2023

7.         Amended Floor Plans March 2023  

 


Council

24 May 2023

Item 8.3 - Attachment 1

Market Street height of buildings planning proposal as exhibited

 

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Council

24 May 2023

Item 8.3 - Attachment 2

Existing maximum height of buildings limits in Merimbula Town Centre

 

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Council

24 May 2023

Item 8.3 - Attachment 3

Summary of submissions to Market Street height of buildings planning proposal and development application

 

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Council

24 May 2023

Item 8.3 - Attachment 4

Streetscape Analysis extract provided post-exhibition

 

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Council

24 May 2023

Item 8.3 - Attachment 5

Applicant's response to request for information and public submissions

 

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Council

24 May 2023

Item 8.3 - Attachment 6

Applicant's Submission March 2023

 

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Council

24 May 2023

Item 8.3 - Attachment 7

Amended Floor Plans March 2023

 

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Council

24 May 2023

 

 

Staff Reports – Assets and Operations

 

24 May 2023

 

9.1              Bega Valley Local Traffic Committee................................................................. 325

9.2              Bega and Brogo Rivers Flood Warning System Scoping and Feasibility Study. 408


Council 24 May 2023

Item 9.1

 

9.1Bega Valley Local Traffic Committee     

1.       This report proposes that Council adopt the recommendations of the Bega Valley Local Traffic Committee from the meeting held on 4 April 2023.

Director Assets and Operations  

Officer’s Recommendation

That Council adopt the recommendations of the Bega Valley Local Traffic Committee minutes dated 4 April 2023 and tabled at the 24 May 2023 Council meeting.

1.    Coast to Kosci Ultramarathon Event – 1-3 Dec 2023

1.    That the proposed arrangements involving public roads and footpaths contained in road reserves be deemed a Class 2 special event and it be conducted under an approved and current Traffic Control Plan, in accordance with the Transport for NSW (TfNSW) Traffic Guidance Scheme.

2.    That the proposed arrangements involving road crossings be supervised in accordance with the current SafeWork NSW and Transport for NSW guidelines.

3.    The event organisers liaise with local road authorities regarding the availability and safe use of the proposed routes.

4.    Subject to approval of site specific TGS Plan.

5.    That the above event organise their own accredited Traffic Control Staff, in accordance with SafeWork NSW and TfNSW guidelines, to implement and manage the relevant TGS.

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

7.    That organisers have up to date and approved public liability insurance of at least $20 million indemnifying Bega   Valley Shire Council, NSW Police and Transport for NSW by name for the event.

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

9.    That event organisers apply to TfNSW for a Road Occupancy Licence (ROL) for the use of a State Road.

10.  That the event organiser monitors the “Live traffic website” approximately 4 weeks prior to their event to ensure there are no road closures, other events, or road works to prevent this event from taking place.

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

12.  That the event achieves all conditions of Council’s issued Approval for Use of Public Land.

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

14.  That the event operates strictly under the NSW Health Department COVID19 conditions.

2.    Coast to Kosci Ultramarathon Event – 22-24 Nov 2024

1.    That, due to restrictions with the approval process under the Special Event Guidelines, the event cannot be approved this far in advance due to potential legislative changes between approval and the event date. This event will be bought forward to April 2024 LTC meeting.

 

3.    WinterSun Festival – 10 June 2023

1.    That, subject to conditions, a section of Market St from Hylands Corner to Merimbula bypass traffic lights (excluding Park St/bypass and Monaro St) and Beach St up to but not including Alice St be temporarily closed between 9.00am and 9.00pm on Saturday, 10 June 2023 for the WinterSun Festival.

2.    That the proposed traffic arrangements involving the temporary closure of Market St from Hylands Corner to Merimbula bypass traffic lights (excluding Park St/bypass and Monaro St) and Beach St up to but not including Alice St for the WinterSun Festival on Saturday, 10 June 2023, be deemed a Class 2 special event and it be conducted under an approved Traffic Guidance Scheme (TGS), in accordance with the Safework NSW Guidelines and Transport for NSW (TfNSW) Traffic Control Guidelines.

3.    That persons involved in the preparation and implementation of the Traffic Guidance Scheme must hold the appropriate SafeWork NSW accreditation.

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

5.    That organisers have approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police Force and Transport for NSW (TfNSW) by name for the event.

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

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

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

9.    That the event operates strictly under the NSW Health Department COVID19 conditions.

 

Executive Summary

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

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

Background

Coast to Kosci Ultramarathon Event – 1-3 December 2023

A submission has been received from Ultra Marketing Pty Ltd and The Summit Track to hold the Coast to Kosci Ultramarathon commencing Friday, 1 Dec 2023 5.30am at Boydtown Beach and finish at 3.30pm on Sunday 3 Dec 2023 at Charlottes Pass.

This event is limited to 50 pre-qualified runners and is continuous running with no stops and an overall cut-off time of 46 hours. The event Coast To Kosci is held in the highest regard amongst the running community, both nationally and internationally.

The Australian Ultra Runners Association (AURA) has endorsed the 2023 Coast To Kosci subject to all formal approvals being received.

Coast to Kosci Ultramarathon Event – 22-24 November 2024

A submission has been received from Ultra Marketing Pty Ltd and The Summit Track to hold the Coast to Kosci Ultramarathon commencing Friday, 22 Nov 2024 5.30am at Boydtown Beach and finish at 3.30pm on Sunday 24 Nov 2024 at Charlottes Pass.

This event is limited to 50 pre-qualified runners and is continuous running with no stops and an overall cut-off time of 46 hours. The event Coast To Kosci is held in the highest regard amongst the running community, both nationally and internationally.

The Australian Ultra Runners Association (AURA) has endorsed the 2024 Coast To Kosci subject to all formal approvals being received.

WinterSun Festival 10 June 2023

A submission has been received for the WinterSun Festival 2023, to be held on Saturday 10 June 2023, it is proposed to close Market St from Hylands Corner to Merimbula bypass traffic lights (excluding Park St/bypass and Monaro St) and Beach St up to but not including Alice St. This proposed area will include the pedestrian signals. There will be a stage set up for bands, at the bypass end of Market St, to minimise noise interference with Jazz Festival music in Twyford Hall. There will be food trucks and stalls, and a roped off licenced area with paid professional security and staffed by current Responsible Service of Alcohol (RSA) holders and business management on Market St.

Options

That Council endorse the officer recommendations in full.

Community and Stakeholder Engagement

Engagement undertaken

There was no engagement undertaken with this reportEngagement planned

There is no further engagement planned with this report.

Financial and Resource Considerations

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

Legal /Policy

The legal and policy issues have been addressed through the application of conditions to manage public safety and traffic hazards.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

There are no significant strategic, asset management plan or risk issues associated with this report.

Environment and Climate Change

Economic

There are minor positive economic benefits/impacts associated with the approval of this report

Risk

There are no financial risks associated with this report.

Social / Cultural

2.       The special events that are the subject of this report provide opportunity for the local and select communities to gather.

Attachments

1.         Application Coast to Kosci - Dec 2023

2.         Application for WinterSun Festival - June 2023

 


Council

24 May 2023

Item 9.1 - Attachment 1

Application Coast to Kosci - Dec 2023

 

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Council

24 May 2023

Item 9.1 - Attachment 2

Application for WinterSun Festival - June 2023

 

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Council 24 May 2023

Item 9.2

 

 

9.2Bega and Brogo Rivers Flood Warning System Scoping and Feasibility Study     

This report provides recommendations regarding the Bega and Brogo Rivers Flood Warning System Scoping and Feasibility project following the completion of an independent Scoping and Feasibility Study.

Director Assets and Operations  

Officer’s Recommendation

1.    Council receives and notes the Bega and Brogo Rivers Flood Warning System Scoping and Feasibility Study and its attachments.

2.    Council endorses the staging and delivery priorities of the scoping and feasibility study for the Bega and Brogo Rivers catchment areas and notes any implementation only be undertaken as part of an overall catchment wide strategy as outlined in the adopted 2018 Bega and Brogo Rivers Floodplain Risk Management Plan.

3.   Council note there is not currently provision for whole of life cost allocations to account for any new assets in the currently adopted long term financial plan but relevant grant programs are available to assist future implementation.

 

Executive Summary

The draft Bega and Brogo Rivers Flood Warning System Scoping and Feasibility Study has been prepared by Cardno (now Stantec) on behalf of Council, in collaboration with business, community stakeholders, relevant state and federal agencies and Council staff. The draft study seeks to identify the best and most feasible options for implementing a Total Flood Warning System for the identified catchment. Any future implementation actions or projects will be subsequent to the finalisation and endorsement of the study.

Once endorsed, the study will be used to guide planning and investment in a flood warning system for the Bega and Brogo Rivers catchment using the Total Flood Warning System concept.

Background

Council adopted the Bega and Brogo Rivers Floodplain Risk Management Study and Plan on 11 April 2018. 

The documents are available on Council's website here:

https://begavalley.nsw.gov.au/cp_themes/default/page.asp?p=DOC-MIX-43-27-08

The Floodplain Risk Management Study (FRMS) identified, with community consultation, a number of options that are useful for floodplain risk management in the subject catchments.  A multi-criteria analysis was then used to rank the most beneficial options for inclusion in the subsequent Floodplain Risk Management Plan (FRMP).

Table 4-1 of the FRMP identifies the 12 most beneficial options identified for implementation (following completion of the FRMS) by priority order subject to funding and technical constraints. The implementation of a flood warning system is one of 6 high priority actions identified.

The current Scoping and Feasibility Study project is the penultimate step prior to any implementation of the identified actions subject to funding, feasibility and other constraints.

It is being delivered with the financial and technical assistance from the NSW Government Floodplain Management grant program following a successful grant application in 2019.

The Floodplain Management Program supports the implementation of the NSW Government's Flood Prone Land Policy, as outlined in the NSW Government's Floodplain Development Manual 2005.

The primary objective of the policy is to reduce the impacts of flooding and flood liability on communities, as well as the private and public losses resulting from floods, using ecologically positive methods wherever possible.

The NSW Government recommends that local councils understand and manage their flood risk through the floodplain risk management process, as outlined in the manual.

The Floodplain Management Program provides financial support to councils and eligible public land managers to:

·    make informed decisions on managing flood risk by preparing Floodplain Risk Management Plans (and associated background studies) under the floodplain risk management process

·    implement Floodplain Risk Management Plans to reduce flood risk to both existing and future development and reduce losses through a range of property, flood and response modification measures as outlined in the manual

·    provide essential information to the State Emergency Service to enable the effective preparation and implementation of local flood plans to deal with flood emergency response.

Assistance under the program is normally offered by the state government providing $2 for every $1 provided by local councils.

The scoping and feasibility study forms the penultimate stage towards implementation of any flood warning system, in accordance with the NSW Floodplain Development Manual 2005.

The data acquired during the scoping and feasibility study was essential for development of detailed options for any implementation strategy. The options provide the technical analysis required for the implementation of action EM2 Flood Warning System from the adopted Floodplain Risk Management Plan. 

The Bureau of Meteorology supports the NSW Floodplain Management Program through the provision of technical advice to councils on the Total Flood Warning System (AIDR, 2022), and flood warning data and networks. The Bureau has worked closely with Council to support the development of the Bega and Brogo Rivers Flood Warning System Scoping and Feasibility Report. This has ensured flood warning mitigation options have been identified and assessed in line with the total flood warning system concept, current best practice and the Intergovernmental Agreement on the provision of Bureau of Meteorology Hazard Services to the States and Territories (IGA). The IGA states the Bureau is responsible for the provision of riverine flood warning services.

State and local governments are responsible for the provision of flash flood warning services. Therefore, the floodplain management program can be used to review existing riverine flood warning services (such as for Bega River) or identify the need for new riverine flood warning services. In addition, where flood impact occurs faster, and is classified as flash flooding, councils can use this process to identify the need for flash flood warning and alerting services. In both instances, the existing flood warning network is also assessed to determine the need for enhancements.

Options

The options before Council are to:

1.    Endorse the draft findings and recommendations of the final draft Bega and Brogo Rivers Flood Warning System Scoping and Feasibility Study as best available information for a future implementation project for action EM2 Flood Warning System from the adopted Bega and Brogo Rivers Floodplain Risk Management Plan.

This is the recommended option. There are no impediments to this approach and the option broadly aligns with Council’s Community Engagement Strategy and the floodplain risk management process described in the 2005 NSW Floodplain Development Manual since the study is investigative in nature at this point.

2.    Endorse the draft findings and recommendations of the final draft Bega and Brogo Rivers Flood Warning System Scoping and Feasibility Study as best available information for a future implementation project and then conduct a further study.

This approach is not preferred as the community and other agencies are key stakeholders and beneficiaries of improved flood information and further resources would be required to be expended. The public exhibition exercise allowed a final opportunity for any stakeholder input to be considered and increases awareness about flood risks within the target catchments and eliminates ad-hoc decision making. The study outputs, when finalised, will form inputs into long term strategic asset, land-use and emergency response planning or future floodplain risk management studies and plans that communities benefit from as per the floodplain risk management process described in the NSW Floodplain Development Manual 2005. In accordance with Section 733 of the Local Government Act 1993, councils receive indemnity against liability for floodplain risk management in urban and rural areas in NSW guided by the NSW Government’s Flood Prone Land Policy and its Floodplain Development Manual, the management of flood liable land, April 2005 as discussed in the legal/policy section following in this report.

Community and Stakeholder Engagement

Engagement undertaken

Community engagement for the draft study to date was carried out in accordance with Council’s Community Engagement Strategy. The project was assessed to be Level 3 – Involve on the IAP2 spectrum. The consultant has worked directly with interested and affected parties to develop a draft study that contains achievable actions in the context of relevant regulations and policy.

The initial data gathering, and community consultation occurred between November 2020 and February 2021. There were three community drop-in sessions during Dec 2020.

The relevant initial consultation Summary Report is contained in Appendix B (Attachment 2) of this report.

Following the initial community consultation and data gathering, 10 options were identified for further community consultation and development. These were publicly exhibited, and further community workshops held during August and September 2021. 

The relevant public exhibition summary report is contained in Appendix D (Attachment 2) of this report.

The draft study was informed by stakeholder engagement across a variety of platforms including Council web portals, community questionnaires, and stakeholder and community workshops. Stakeholder groups involved included community members, local farmers, water user groups, dairy development groups, Council staff, agency stakeholders and Councillors. Engagement opportunities were promoted through media releases, web content and social media.

The draft study is built on the prior 2014 SMEC Bega and Brogo Rivers Flood Study and 2018 Cardno Bega and Brogo Rivers Floodplain Risk Management Study and Plan work carried out by Council in the development of the draft feasibility study and involved collaboration with staff from across Council, including environmental services, works, assets and strategic planning. Those prior projects also included substantial community engagement activities.

Engagement planned

At this stage, the final engagement activities planned are to present the reports formally to Council for endorsement and then final publishing on Council’s website with a corresponding media release. 

Financial and Resource Considerations

Resources to develop the draft study were included in Council’s adopted 2021-2022 and 2022-2023 budget and operational plans and has been partly funded by a grant from the NSW Government’s Floodplain Management Program.

Item

$ Excl GST

Expenditure Detail

 

Feasibility study

$87,540

Total Expenditure

$87,540

 

 

Source of Funds

 

Development of study (General Fund)

$29,177

Development of study (DPE grant)

$58,363

Total income available

$87,540

 

 

Total Project Capital Cost

Nil

Total Available Construction Funding

Nil

Project Funding Shortfall

Nil

 

The draft study includes a range of recommendations that may have future resource implications for Council, including direct investment to implement additional gauging or alerting infrastructure. These activities will require future allocation of resources, which will be considered as part of Council’s annual budget processes.

Identified actions in an adopted Floodplain Risk Management Plan are commonly considered eligible for funding as implementation projects under the Department Planning and Environment’s Floodplain Management Program upon application and assessment at a typical ratio of 2 state dollars per Council dollar. The Bega and Brogo Rivers Flood Warning System Scoping and Feasibility Study is an example of such grant eligibility.

The financial option impacts below only apply at the time Council decides it may wish to proceed to the implementation phase. Otherwise, they are not applicable at the current time due to the investigation scope of the feasibility study. The feasibility study is merely to canvas the practicalities and possible future costs prior to any implementation having considered the relevant catchment specifics, constraints and policy framework. The expenditure costs are indicative costs at the time of writing and would be confirmed via procurement processes at the time Council wishes to implement and test the market.

1         Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts

$ Excl GST

2        Capital Investment | New

$86,000 

3        Annual maintenance and operational costs

4          $28,000

5        Depreciation costs

6          $3,440

Legal /Policy

The scoping and delivery of floodplain risk management related projects is largely governed by the floodplain risk management framework process as outlined in Figure 2.1 of the NSW Government's Floodplain Development Manual 2005 as the manual for the management of flood liable land according to s733 of the NSW Local Government Act 1993.

The primary objective of the NSW Flood Prone Land Policy (the policy) is to reduce the
impact of flooding and flood liability on communities and individual owners and occupiers of
flood prone property, and to reduce private and public losses resulting from floods, utilising
ecologically positive methods wherever possible. In doing so, community resilience to
flooding is improved. At the same time, the policy recognises the benefits from the use,
occupation and development of flood prone land.

The policy highlights that primary responsibility for flood risk management (FRM) rests with
councils, which are provided with financial and technical support by the NSW Government.
The Commonwealth Government has also historically shown a willingness to be involved by
providing financial assistance to local government in partnership with the NSW Government.

The Flood Risk Management Manual (the manual) has been prepared in accordance with
the policy to support its implementation.

It guides councils in the development and implementation of detailed local Floodplain Risk Management Plans to produce robust and effective floodplain risk management outcomes. To achieve its primary objective, the policy provides for financial support and technical assistance from the NSW Government; emergency management and flood recovery programmes and the protection of councils, government agencies and their staff against claim for damages resulting from their issuing advice or granting approvals on floodplains, providing such action was taken in accordance with the principles and guidelines in the manual.

The manual applies to floodplains across NSW, in both urban and rural areas.

The NSW Government’s policy is implemented through development, adoption and implementation of Floodplain Risk Management Plans.

In accordance with s733 of the Local Government Act 1993, councils receive indemnity against liability for floodplain risk management in urban and rural areas in NSW guided by the NSW Government’s Flood Prone Land Policy and its Floodplain Development Manual, the management of flood liable land, April 2005.

Under s733 of the Local Government Act 1993, Council will generally not incur liability for advice given or things done or omitted to be done in good faith insofar as the advice or things relate to the likelihood of land being flooded. A council is taken to have acted in good faith, (unless the contrary is proved), if the advice was furnished, or the thing was done or omitted to be done, substantially in accordance with the principles in the manual.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The draft study aligns with the following goals of the Bega Valley Community Strategic Plan 2042:

•     Our shire continues to be a safe and affordable place to live

•     Our transport networks support our community to work, learn and socialise

•     We act to adapt to and mitigate the effects of climate change

The draft study directly supports implementation of Council’s adopted 2021-22 Delivery Plan action 5.10.20 to identify and complete floodplain risk management projects at the time.

The completion of the draft study is the penultimate step in delivering action EM2 Flood Warning System from Council’s adopted 2018 Cardno Bega and Brogo Rivers Floodplain Risk Management Plan. Action EM2 is one of 6 high priority actions identified by the adopted plan.

Environment and Climate Change

There are no material environment or climate change impacts associated with the completion and endorsement of the final draft feasibility study. The study merely identifies the best most feasible options with sufficient detail to implement in future a total flood warning system approach for the target catchment to manage some of the impacts associated with natural hazards associated with flooding.

Economic

There are no material economic impacts associated with the completion and endorsement of the final draft feasibility study. The cost of implementing the recommendations will be further explored when projects are fully scoped, and the market tested. It is expected that the costs to Council would be offset by the economic benefit to the community of adopting the draft study recommendations since effective flood warning can assist the mitigation of economic and property loss, and loss of life.

Risk

Exhibiting strategies and studies is a core activity of Council, aligns with Council’s adopted Community Engagement Strategy and does not introduce any new risks. Measures to mitigate the risks around the proposed recommendations would be developed at the detailed planning stage for any projects yet to be fully scoped.

Social / Cultural

Improvements identified in the draft feasibility study will benefit identified catchment stakeholders at the time of implementation. Effective flood warning is a useful tool in mitigating the social/cultural impacts associated with loss of access, loss of property or loss of life.

Attachments

1.         Bega and Brogo rivers flood warning system preferred mitigation options report

2.         Bega and Brogo rivers flood warning system Appendices

 


Council

24 May 2023

Item 9.2 - Attachment 1

Bega and Brogo rivers flood warning system preferred mitigation options report

 

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Council

24 May 2023

Item 9.2 - Attachment 2

Bega and Brogo rivers flood warning system Appendices

 

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Council

24 May 2023

 

 

Staff Reports – Business and Governance

 

24 May 2023

 

10.1            Licence agreement renewal for Pambula Village Community Garden Incorporated     547

10.2            Disposal of Lot 277 DP 752154 - Decommissioned Dignams Creek fire shed.. 559

10.3            Request for Tender (RFT) Regional Events Activation Strategy and Prospectus 574

10.4            Community Strategic Plan Update.................................................................... 580

10.5            Certificate of Investment April 2023................................................................. 584

10.6            Quarterly Budget Review Statement (QBRS) March 2023 Q3.......................... 590

10.7            Determination of the Local Government Remuneration Tribunal - 2023 Financial Year - Mayoral and Councillor Fees............................................................................. 626

10.8            Review of Procedure 6.06.01 Financial Hardship Assistance........................... 630

10.9            Proposal to become a member of the Bega Valley Circularity Co-operative... 708

10.10          Actions from resolutions of Council - Progress Report..................................... 716

10.11          Appointment of Council Delegate to South East Arts Advisory Committee..... 718

10.12          14 June 2023 Council meeting.......................................................................... 720


Council 24 May 2023

Item 10.1

 

10.1. Licence agreement renewal for Pambula Village Community Garden Incorporated     

Council approval is being sought to offer tenure of five (5) years to Pambula Village Community Garden Incorporated for their continued occupation of part Lot 16 DP 1204078 at Merimbola Street, Pambula.

Director Business & Governance  

Officer’s Recommendation

1.    That Council approve tenure of five (5) years to Pambula Village Community Garden Incorporated for their continued occupation of part Lot 16 DP 1204078 at Merimbola Street, Pambula for $13,000 plus GST per annum less a rental rebate of 83%. This equates to a starting rental of $2,210 per annum.

2.    That Pambula Village Community Garden Incorporated be responsible for the payment of all costs associated with the extension of tenure.

3.    That Council authorises the Chief Executive Officer to execute all necessary documentation to provide the extension of tenure.

 

Executive Summary

Pambula Village Community Garden Incorporated currently occupies a section of Council owned operational land being part of Lot 16 DP 1204078 at Merimbola Street, Pambula formalised by a three (3) year licence agreement that expires on 30 June 2023. This report seeks Council approval to enter into a further five (5) year licence with Pambula Village Community Garden Incorporated for their continued occupation of this land at a starting rental of $2,210 per annum.

The report also outlines alternate locations for Pambula Village Community Garden Incorporated to relocate if they cannot meet the financial responsibilities associated with occupying Council owned operational land.

Background

Pambula Village Community Garden Incorporated is currently occupying a section of Council owned operational land being part of Lot 16 DP 1204078 at Merimbola Street, Pambula for the purpose of a community garden. Their occupation was the subject of a report to Council’s Ordinary Meeting on 8 September 2009 and Council resolved as follows:

1. That Council waive the rent for the occupation of the site for the Pambula Village Community Garden, as a donation that recognises the community benefit of this facility.

2. That the Mayor and General Manager be given authority to execute the relevant documents.

Following the resolution, Pambula Village Community Garden Incorporated submitted a development application for the erection of a small shed on the site and a final occupation certificate was issued on 16 March 2012.

In 2020 Council officers were made aware that no formal tenure arrangement had been entered into with Pambula Village Community Garden Incorporated since the resolution and as the report was unclear regarding the length of tenure or how long the rental waiver would continue, a licence agreement was formalised for a period of three (3) years expiring on 30 June 2023. Council has continued to waive the rent since the licence was established but Pambula Village Community Garden Incorporated were advised that upon expiry of the three (3) year licence agreement, a further report would be presented to Council to determine future tenure arrangement and the rental payable per annum.

  Options

The options available to Council are:

1.    Accept the recommendation provided by Council officers to grant tenure to Pambula Village Community Garden Incorporated for their continued occupation of part Lot 16 DP 1204078 at Merimbola Street, Pambula for $13,000 plus GST per annum less a rental rebate of 83%. This equates to a starting rental of $2,210 per annum.

2.    Accept the recommendation provided by Council officers to grant tenure to Pambula Village Community Garden Incorporated for an annual market rental of $13,000 plus GST per annum less a rental rebate determined by councillors.

3.    Request vacant possession of the site noting the range of uses available to Council for Lot 16 DP 1204078 at Merimbola Street, Pambula being Council owned operational land within the Pambula central business district and a zoned E1 Local Centre in the Bega Valley Local Environment Plan 2013.

4.    Request vacant possession of the site and progress disposal of part Lot 16 DP 1204078 at Merimbola Street, Pambula to leverage development opportunities and supplement revenue sources.

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

Community and Stakeholder Engagement

Engagement undertaken

Council officers consulted with members of Pambula Village Community Garden Incorporated to advise their licence is reaching expiry and to request a rental rebate application be completed.

It is proposed that Council offer Pambula Village Community Garden Incorporated a five (5) year licence agreement for their continued occupation of the site as they have established gardens and structures on the land. As the land is classified as operational, Council may grant a licence without the need for undertaking an expression of interest process.

Following receipt of the valuation and assessment of the rental rebate application, Council officers communicated the proposed rental to representatives of Pambula Village Community Garden Incorporated. Although they understood the process, the annual rental has come as a surprise to the group, and representatives have expressed concerns with the financial obligations associated with the new tenure arrangement.

Council officers consulted with Walsh and Monaghan Valuers upon receipt of the valuation report and due to the zoning of the land and proximity to the Pambula CBD a further reduction in the adopted market rental could not be consider.

The results of Pambula Village Community Garden Incorporated’s rental rebate application were also reviewed by Council officers. The panel agreed with all the Pambula Village Community Garden Incorporated’s responses to the application and applied a rebate in the high range of 83%.

Engagement planned

If Council resolves to grant further tenure to Pambula Village Community Garden Incorporated for their continued occupation of the site, Council officers will continue to liaise with the group to formalise the extension of tenure. Council officers will also offer Pambula Village Community Garden Incorporated with a payment arrangement to alleviate pressures associated with the new annual rental payable.

Financial and Resource Considerations

A market rental assessment was commissioned by Council officers in May 2023 which indicates a starting rental figure of $13,000 plus GST per annum, however Pambula Village Community Garden Incorporated have submitted a rental rebate application. The application was assessed in accordance with Council’s Rental Assessment and Rebate Procedure and evaluated by a panel using the matrix contained in the procedure. The rental rebate has been assessed as 83%, therefore the total rent payable by Pambula Village Community Garden Incorporated has been calculated at $2,210 plus GST per annum.

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.

Council officer time has been required to consult with the licensee and valuer and ongoing management of the licence during the term will also need Council officer resources as required.

Legal /Policy

Lot 16 DP 1204078 at Merimbola Street, Pambula is Council owned operational land, therefore in accordance with Council’s Management of Leases and Licences Procedure a short-term licence is permissible.

Council’s Management of Leases and Licences Procedure notes that subject to a resolution of Council and the consideration of factors such as identified community benefit, the applicable licence rental may be rebated by an amount calculated using the method outlined in Schedule 1 of Council’s Rental Assessment and Rebate Procedure.

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

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

·    The group have occupied the site since 2009 and have established gardens and structures on the site with no direct involvement from Council

·    The community garden provides an important social activity for members of the local community by providing a space for people to come together and build community connectedness, resilience, and well-being through the creation of a not-for-profit, shared food production garden

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

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

Lot 16 DP 1204078 at Merimbola Street, Pambula is Council owned operational land, zoned E1 Local Centre in the Bega Valley Local Environment Plan 2013. Below is an extract of the zoning table which provides a list of permissible land uses for this operational land parcel.

Zone E1   Local Centre

1.    Objectives of zone

•     To provide a range of retail, business and community uses that serve the needs    of people who live in, work in or visit the area.

•     To encourage investment in local commercial development that generates             employment opportunities and economic growth.

•     To enable residential development that contributes to a vibrant and active local   centre and is consistent with the Council’s strategic planning for residential              development in the area.

•     To encourage business, retail, community and other non-residential land uses       on the ground floor of buildings.

•     To strengthen the viability of existing business centres as places for investment,   employment and cultural activity.

2.  Permitted without consent

        Environmental protection works; Home businesses; Home industries; Home    occupations

3.   Permitted with consent

        Amusement centres; Artisan food and drink industries; Boarding houses; Centre-         based child care facilities; Commercial premises; Community facilities; Creative     industries; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Local distribution premises;         Medical centres; Oyster aquaculture; Places of public worship; Public                administration buildings; Recreation facilities (indoor); Respite day care centres;    Service stations; Shop top housing; Tank-based aquaculture; Veterinary hospitals;            Any other development not specified in item 2 or 4

4.   Prohibited

        Agriculture; Air transport facilities; Airstrips; Animal boarding or training         establishments; Boat building and repair facilities; Camping grounds; Caravan parks; Cemeteries; Correctional centres; Crematoria; Depots; Eco-tourist facilities;        Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport         facilities; Heavy industrial storage establishments; Helipads; Highway service                centres; Home occupations (sex services); Industrial retail outlets; Industrial        training facilities; Industries; Open cut mining; Recreation facilities (major);       Residential accommodation; Resource recovery facilities; Rural industries;         Sewerage systems; Sex services premises; Storage premises; Transport depots;             Truck depots; Vehicle body repair workshops; Warehouse or distribution centres;            Waste disposal facilities; Water recreation structures; Water supply systems;             Wharf or boating facilities; Wholesale supplies

Environment and Climate Change

There are no environment and climate change matters associated with the proposed occupation of land.

Economic

The licence agreement to Pambula Village Community Garden Incorporated provides a small economic benefit to Council and the community. The annual licence fees are used for upgrades to facilities and services in Pambula.

As Lot 16 DP 1204078 at Merimbola Street, Pambula is operational land it is capable for divestment and in accordance with Council’s adopted Financial Strategy, Council must use the proceeds from the sale of ‘operational’ land to leverage investment or strategic outcomes. Council may also use funds generated from land disposal to leverage acquisition of other land critical to the orderly development of important urban or environmental areas, and to supplement its revenue sources and minimise the demand for increasing rates above rate-pegging, or a reduction in services.

Risk

There are no adverse risks in allowing the land to continue to be occupied by Pambula Village Community Garden Incorporated if their use is authorised by way of a formal licence agreement which contains appropriate indemnity and insurance clauses.

Social / Cultural

7         Pambula Village Community Garden Incorporated have successfully operated from the site for many years and provide an important social activity for members of the local community by providing a space for people to come together and build community connectedness, resilience, and well-being through the creation of a not-for-profit, shared food production garden.

8         Given the classification, proximity to the CBD and zoning of Lot 16 DP 1204078 at Merimbola Street, Pambula there is an option for Council to consider the suitability of this land to leverage other strategic outcomes and therefore provide alternative sites to Pambula Village Community Garden Incorporated for the community garden.

9         Below is a list of other community activated sites within the Pambula area that may be more suitable to Pambula Village Community Garden Incorporated, freeing up Lot 16 DP 1204078 at Merimbola Street, Pambula for a range of other uses.

10    

11     Part of the Pambula Showground Crown Reserve shown in red. This land is managed by the NSW Crown Holiday Parks Trust but has a range of community uses at the site and vacant space for the addition of a community garden. The land is zoned RE1 Public Recreation and community facilities such as a community garden are permissible within the zone.

12    

13     Part of the Council Managed Crown Reserve 98164 at Pambula Beach Sports Complex shown in red. This site has a range of community uses and vacant space for the addition of a community garden. The land is zoned RE1 Public Recreation and community facilities such as a community garden are permissible within the zone.

14    

15     Lot 1 DP 1174147 being Council owned community land zoned R3 medium density residential with community facilities such as a community garden being permissible within the zone.

16    

Surplus road reserve off Merimbula Street, Pambula shown in red which is zoned R3 medium density residential with community facilities such as a community garden being permissible within the zone. Noting a road closure application would need to be progressed to formalise long tern use of this land which would need to be funded by Pambula Village Community Garden Incorporated.

There is one other formal community garden in Tathra which was formalised following the issue of a development consent on 3 June 2020. The community garden is located on Tathra Beach Reserve (R79310) which is a Council managed Crown Land site shared by several other users. The licensee in this case is Tathra Community Garden Association Incorporated. A market rental assessment was commissioned by Council officers in June 2020 which indicated a starting rental figure of $800 plus GST per annum, however as the group are a not-for-profit community organisation, a rental rebate in line with Council’s Rental Assessment and Rebate Procedure was granted and the group currently pay the Crown Lands minimum rental fee.

There is also an informal community garden located on Council owned community parkland being Lot 1 Sec 1 DP 1085 on East Street, Bega. This garden is not fenced off and granted to an incorporated entity like the Pambula and Tathra sites. Council provides some support and maintenance of this multi-use site which also includes a basketball court and community facilities.

Attachments

1.         Council report dated 8 September 2009 Pambula Village Community Garden Inc

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

17      

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). 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.

 

 


Council

24 May 2023

Item 10.1 - Attachment 1

Council report dated 8 September 2009 Pambula Village Community Garden Inc

 

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Council 24 May 2023

Item 10.2

 

10.2. Disposal of Lot 277 DP 752154 - Decommissioned Dignams Creek fire shed     

This report provides Council with details of Lot 277 DP752154, Council owned operational land that may be available for possible divestment.

Director Business & Governance  

Officer’s Recommendation

1.    That Council appoint a suitably qualified surveyor, by competitive quotation process, to determine the boundaries of Lot 277 DP 752154 at Dignams Creek Road, Dignams Creek.

2.    That Council appoint a registered valuer, by competitive quotation process, to provide Bega Valley Shire Council with a formal market valuation for Lot 277 DP 752154 at Dignams Creek Road, Dignams Creek.

3.    That Council appoint a suitably qualified Real Estate Agent, by competitive quotation process, to represent Bega Valley Shire Council’s interests in divesting Lot 277 DP 752154 at Dignams Creek Road, Dignams Creek by public auction, private treaty, or expression of interest pending the outcome of recommendations 1 and 2.

4.    That Council delegate authority to the Chief Executive Officer to determine the suitability of Lot 277 DP 752154 for divestment and enter into a suitable agency agreement with the successful real estate agent upon completion of the competitive quotation process for the marketing, sale negotiation and transactional settlement of Lot 277 DP 752154 at Dignams Creek Road, Dignams Creek.

5.    That all offers be brought back to Council for final resolution.

 

Executive Summary

A resolution of Council is being sought to progress with an assessment of Lot 277 DP 752154 at Dignams Creek Road, Dignams Creek for possible divestment and for Council to delegate authority to the Chief Executive Officer to appoint a registered Valuer and Real Estate Agent, by competitive quotation process, to represent Bega Valley Shire Councils interests in divesting of Lot 277 DP 752154 at Dignams Creek Road, Dignams Creek if determined suitable for sale.

Background

Lot 277 DP 752154 is Council owned operational land which was previously used by NSW Rural Fire Service for bushfire brigade purposes.

In 1998 a development application was submitted by NSW RFS for the construction of a fire shed and development consent was provided on 25 September 1998. A copy of the consent is attached for the information of councillors.

Council officers recently received a request from the Dignams Creek Community Group to install an automated external defibrillator in a lock box attached to the fire shed. The request was sent to the Acting District Manager for NSW RFS Far South Coast area who confirmed the fire shed is vacant and is no longer required by the RFS.

Although the boundaries of Lot 277 DP 752154 and adjoining Crown land being Lot 2 DP 1199503 have not been investigated by the Registrar General it appears Lot 277 DP 752154 is currently landlocked and further investigations into the property boundaries will be required before Council can determine a way forward with this surplus land parcel.

 

Pending the outcome of the above investigations, officers are recommending Council divest of its interests in this parcel as the site has been identified as surplus to Council’s requirements and is capable of being sold on the open market.

To ensure Council maintains transparency and receives best value for its land, it is recommended a suitably qualified real estate agent be appointed through an open quotation process as per Council’s Purchasing Procedure 6.08.1. In accordance with section 55(3)(d) of the Local Government Act 1993 (NSW) (LG Act) Council is exempt from conducting a formal tender process for the sale of land.

It is proposed that the sales strategy for the land parcel be by a competitive process involving public auction, private treaty, or expression of interest as recommended by the appointed Agent.

Council’s Acquisition and Disposal of Land or Interests in Land Procedure 4.10.05 requires at least one formal market valuation undertaken by a valuer, registered to value such property, be commissioned prior to all property disposals.  Two valuations may be required when the value of the property is likely to exceed $1M and/or the process of disposal is not competitive. 

Any offers received will be reported back to Council to authorise its Official Seal to be affixed to contract documents under the signature of the Mayor and Chief Executive Officer.

Figure 1 – diagram outlining proposed parcel for divestment shown in red for the information of councillors.

Options

The options available to Council are:

1.    Proceed with the divestment of Lot 277 DP 752154 at Dignams Creek Road, Dignams Creek and resolve accordingly

2.    Retain ownership of Lot 277 DP 752154 at Dignams Creek Road, Dignams Creek for potential future requirements.

Note: retaining ownership of the property will require the identification of ongoing maintenance and operational budgets as RFS have advised they no longer require use of the facility.

3.    Other options, as raised and resolved by councillors.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have consulted with representatives of the Dignams Creek Community Group to advise a report would be presented to Council regarding the future of the site and NSW RFS who have confirmed the site is vacant and is no longer required by the RFS.

Engagement planned

If councillors resolve to divest of the parcel, Council officers will consult with the successful Valuer to obtain a market valuation for the disposal and enter into a suitable agency agreement with the successful Real Estate Agent that details the level of service and costs associated with the engagement of the Real Estate Agent.

The Dignams Creek Community Group will also be advised of the resolution of Council.

Financial and Resource Considerations

Further investigation and divestment of the above-mentioned surplus land parcel would require officer’s time and resources as well as the engagement of third parties and legal costs. Following completion of the proposed competitive quotation processes, Council would be required to enter into a suitable agency agreement with the successful Real Estate Agent that details costs associated with the service of the Real Estate Agent.

All costs involved in the proposed investigations and divestment will be offset against the proceeds of any sale.

Legal /Policy

Under the LG Act, there is no restraint on Council’s ability to sell or otherwise dispose of land classified as operational land. In accordance with Section 377(1)(h) of the LG Act, any decision to dispose of land must be made by resolution of Council as the power to sell, exchange or surrender land cannot be delegated. Section 55 of the LG Act requires tenders to be called in certain circumstances. However, it is not necessary to call tenders for the sale of land.

In accordance with Council’s Acquisition and Disposal of Land or Interests in Land Procedure 4.10.05, all decisions and actions in relation to the disposal of land must have due regard to the following fundamental principles:

·    Best value for money – achieving “best value” may include financial, social, and environmental benefits

·    Transparency – processes must be open to scrutiny and provide full information and record the reasons behind the decisions

·    Accountability – demonstrate the best use of public resources and the highest level of performance through appropriate record keeping and audit trails

·    Impartiality – address perceived or actual conflicts of interests.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This decommissioned fire shed is recorded on Councils asset schedule.

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

Environment and Climate Change

There are no environment and climate change matters associated with the proposed divestment of land.

Economic

In accordance with Council’s adopted financial management policy, Council will be required to use the proceeds from the sale of ‘operational’ land to leverage investment or strategic outcomes. Council may also use funds generated from land disposal to leverage acquisition of other land critical to the orderly development of important urban or environmental areas, supplement its revenue sources and minimise the demand for increasing rates above rate-pegging, or a reduction in services.

Risk

In accordance with Council’s Acquisition and Disposal of Land Procedure 2.02.4, disposal of land by Council requires a formal process that ensures probity, due diligence, analysis of risk and other key issues.

Social / Cultural

It is noted that whilst the officer’s recommendation is disposal of this parcel there has been a formal request received from the Dignams Creek Community Group to install a defibrillator on the decommissioned fire shed. The Dignams Creek Community Group have identified the following reasons for their request:

·    There is an ageing population in the area and the fire shed is located within a short drive of most residents

·    The grassy area adjacent to the fire shed is where the community group meets several times a year and residents are familiar with this place

·    The type of defibrillator the community group wish to purchase is the same design used by all NSW RFS so could be a shared resource.

Attachments

1.         1998.1297 Development Consent for Lot 277 DP  752154 at Dignams Creek Road, Dignams Creek

2.         Dignams Creek Community Group request to install a defib machine on decommissioned Dignams Creek RFS

 


Council

24 May 2023

Item 10.2 - Attachment 1

1998.1297 Development Consent for Lot 277 DP  752154 at Dignams Creek Road, Dignams Creek

 

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Council

24 May 2023

Item 10.2 - Attachment 2

Dignams Creek Community Group request to install a defib machine on decommissioned Dignams Creek RFS

 

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Council 24 May 2023

Item 10.3

 

10.3. Request for Tender (RFT) Regional Events Activation Strategy and Prospectus     

This report details the outcome of the evaluation of tenders received in response to Request for Tender (RFT) 2223-084 Regional Events Activation Strategy and Prospectus. 

Director Business & Governance  

Officer’s Recommendation

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

2.    That Council accepts the tender from <insert> in relation to contract for the works described in tender RFT 2223-084, in the amount of <$insert> (excluding GST).

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

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

 

Executive Summary

This report details the outcome of the evaluation for RFT 2223-084 Regional Events Activation Strategy and Prospectus.

The procurement process has been carried out in accordance with standard Council procedure. RFT 2223-084 was advertised on 5 April 2023 via Council’s Website and the VendorPanel marketplace. The request was released as an Open Tender. Tender submissions closed on 26 April 2023 with 13 submissions received.

Background

Council received funding from the NSW Business Case and Strategy Development Fund to develop a Regional Events Activation Strategy and Prospectus for the Bega Valley and Snowy Monaro Regional Shires.

 

The key objectives of the project are:

•     to articulate a clear vision for the region to sustainably attract and support a diverse portfolio of events to drive increased visitation and yield from visitors, and

•     to encourage more medium to large scale sports, arts, cultural and music event organisers to host events in the region.

 

Council infrastructure, services and approval processes will be a primary focus of the project; however, the strategy and prospectus will incorporate an understanding of other facilities and activities in the region.

The project is being overseen by an Activity Working Party with representatives from Bega Valley Shire Council, Snowy Monaro Regional Council and the Department of Regional NSW.

Thirteen responses in total were received. One tender was non-conforming and not included in the evaluation. The assessment on the other 12 responses was completed on 2 May 2023.

The tender submissions were assessed against the following evaluation criteria:

Criteria

Weighting

Overall project cost

35%

Lump sum price breakdown

5%

Proposed methodology

40%

Tender program

5%

Recognition of local outcomes, demonstration of support for local business and community enterprise

5%

Experience completing similar projects

5%

Demonstrated capacity to undertake a project of this scale

5%

 

Options

1.    Accept the preferred tenderer’s submission as recommended in the confidential        attachment and enter into a contract with that service provider.

2.    Decline all tenderers.

3.    Enter into a contract with another tenderer.

Community and Stakeholder Engagement

Engagement undertaken

The scope of work for the request for tender was developed in consultation with internal stakeholders from Economic Development, Property Services, Corporate Planning and Improvement, Planning and Sustainability, Leisure and Recreation, Waste Services, Community and Cultural Services, and Works and Assets.

South East Arts was also consulted in the development of the scope of works.

Engagement planned

The consultant will be required to develop a Communication and Engagement Plan. The project will require engagement with the following key stakeholders.

•     Residents

•     Local Businesses

•     Community Groups

•     Event Organisers

•     Council staff, including:

Asset managers, including Parks, Aquatic and Recreation, Civil Assets, Transport and Property Services

Certification and Compliance

Cultural Services

Economic Development

Planning and Sustainability

Waste Services

Financial and Resource Considerations

This project is funded by the Department of Regional NSW Business Case and Strategy Development Fund. Council has been awarded $308,750 (excluding GST) to develop the strategy and prospectus.

The grant funding allows for the budget below. Given the scope of the project and the contingency budget, Council invited tenders up to $300,000 (excluding GST).

Item

$ Excl GST

Expenditure Detail

 

Consultant

247,000

Contingency, project management and administration

61,750

 

 

Total Expenditure

308,750

 

 

Source of Funds

 

Business Case and Strategy Development Fund

308,750

 

 

Total income available

308,750

 

 

Total Project Capital Cost

Nil

Project Funding Shortfall

Nil

Legal /Policy

The tender process was conducted in accordance with the Local Government Act 1993 and Council procedures.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Regional Events Strategy and Prospectus will support the following Council strategies.

Community Strategic Plan

B.2 Collaborate with relevant parties and industry to promote and support opportunities to diversify and grow our economy and provide local jobs.

B.5. Collaborate with stakeholders to develop and enhance the economic opportunities provided by the Port of Eden, Merimbula Airport, East-West freight corridor, tourism services and facilities.

B.6. Explore with partners the potential for industry diversification and expansion including agritourism, cultural tourism, adventure and eco-tourism and First Nations’ enterprises.

B.7. Facilitate and support industry collaboration and diversification to build a resilient regional economy.

Delivery Program

B1.1 - Deliver programs that support business and industry to grow and thrive in the Bega Valley

B2.1 - Provide opportunities for industry to diversity and grow our local economy

B5.1 - Advocate, support and deliver sustainable tourism and visitor experiences to maximise the benefit to the community

B6.1 - Support projects and opportunities that stimulate sustainable economic growth and align with the region’s Regional Economic Development Strategy.

B6.2 - Leverage and support tourism networks to expand and value-add to the broader community and ensure alignment with the directions of the Destination Southern NSW Destination Management Plan.

Economic Development Roadmap

Objectives:

·    Improve Council information, processes and services to further economic development objectives.

·    Build strength and resilience in new and existing industries and the physical, social and natural capital that underpins them.

·    Support diversification, innovation and creativity in local industries that provide meaningful employment.

Sapphire Coast Vision and Platform for Growth

Actions:

·    Support signature event development and sustainability of existing events with focus on shoulder seasons

·    Promote signature cultural events in partnership with stakeholders

The strategy and prospectus will also support the following external strategies.

Destination Southern NSW Destination Management Plan

•     Grow current events and attract new events that grow the Southern NSW visitor economy and are aligned to our community values.

Far South Coast Regional Economic Development Strategy 2023 Update

•     Support the development and growth of the region’s visitor economy and overall lifestyle appeal.

 

•     Cultural tourism is an identified area for significant future growth, leveraging key events such as the River of Art Festival and infrastructure investment including the redevelopment of the South East Centre for Contemporary Art and the Far South Coast Oyster Trail.

Environment and Climate Change

The Regional Events Strategy will consider environmental impacts of events.

The consultant will prepare various resources for event organisers, including a statement of environmental effects template.

Economic

The key objectives of the project are to attract and support a diverse portfolio of events to drive increased visitation and yield from visitors, and to encourage more medium to large scale sports, arts, cultural and music event organisers to host events in the region.

The strategy will identify opportunities for the events sector to grow visitation outside of peak periods, fostering a year-round visitor economy.

Risk

Time

The Department of Regional NSW requires that the project be completed by 30 September 2023. There is a risk that striving to meet this deadline will diminish the quality of output. Several tenderers acknowledged this, including the preferred tenderer. Council staff will continue to liaise with the Department to seek an extension to this deadline.

Scope

The scope of the project is extensive, requiring expertise in event management, asset management, planning, community engagement and marketing. There is a risk that consultants will not possess the requisite breadth and/or depth of skills to deliver quality output. The preferred tenderer proposes to engage various specialised subcontractors including several with valuable local knowledge and experience.

Regional collaboration

Department of Regional NSW requires that funded projects deliver benefits to multiple local government areas. The Strategy and Prospectus will include both the Bega Valley and Snowy Monaro Regional Shires. There is a risk that this regional approach will be complex and the two Councils will different requirements and perspectives. To ensure ongoing positive collaboration between the shires, the tender review panel included a representative from Snowy Monaro Regional Council.

Bega Valley Shire Council will manage the contract with the consultant, guided by an Activity Working Party with representatives from Snowy Monaro Regional Council and the Department of NSW. The preferred tenderer demonstrated an understanding of this framework and the requirement to respond to the unique requirements of each local government area.

Social / Cultural

18     The strategy will explore the social and cultural benefits and impacts of various genres of events in the region. This will include consideration of impacts on nearby residents and other users of Council facilities.

19    The project will consider cultural events, including arts, music, food and beverage, community sporting and tourism events. It will investigate opportunities to enhance and promote cultural experiences in the region, for locals, visitors, event organisers and volunteers.

Attachments

1.            SIGNED RFT 2223 084 Recommendation Report (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and 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)(c) and (d) of the Local Government Act 1993.

20      

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.

21      

 

 


Council 24 May 2023

Item 10.4

 

10.4. Community Strategic Plan Update     

Council collaborated with 6 other Canberra Region Joint Organisation (CRJO) Councils to deliver the 2042 Community Strategic Plan (CSP) and this report seeks Councils formal support to undertake a similar process for the next refresh of the CSP prior to the 2024 Local Government Election.

Director Business & Governance  

Officer’s Recommendation

1.    Council participates in a CRJO regionally coordinated project to refresh the 2042 Community Strategic Plan in collaboration with the member Councils of the CRJO.

2.    Undertake community engagement on the CSP 2042 refresh prior to the Local Government election in 2024.

 

Executive Summary

Council worked with the CRJO on a collaborative regional approach to develop the 2042 Community Strategic Plan that was adopted by Council in May 2022. It is recommended we undertake a similar process for our next CSP.

The CSP is required to be reviewed every 4 years, however the 2024 local government election presents an ideal opportunity for a CSP refresh, prior to the newly elected Council developing its suite of planning documents to guide its term in office.

Each CRJO Council has expressed an interest in this project and Bega Valley’s commitment will assist other Councils to determine and formalise their position. It is proposed the community engagement for the CSP review takes place between May- July 2024 prior to any election campaigning.

The CRJO are covering the expenses related to engaging the consultant to undertake the CSP refresh and associated community engagement. Additional costs for further targeted engagement have been factored into the 2023-24 budget.

There are a range of advantages to once again committing to this collaborative approach including cost savings along with additional and updated insights from the community. A refresh of the CSP also provides an opportunity to embed our resilience approaches more deeply and to ensure that post-election the new Council can prioritise efforts in developing a Delivery Program and Resourcing Strategy that will shape their term of Council.

Background

Since the introduction of the IPR Framework, each council has generally developed its own CSP following consultation with their community. In 2016, three of the CRJO councils, Goulburn Mulwaree, Yass Valley and Upper Lachlan developed a combined Tablelands Community Strategic Plan and this approach was used as the catalyst for the CRJO Regional Community Strategic Plan.

While acknowledging that each Council area has its own priorities and issues, the CRJO saw an opportunity to aggregate each individual communities’ priorities into a Regional Community Strategic Plan. The CRJO established an Integrated Planning and Community Wellbeing Working Group to progress the project. The goals of the project were to:

•     Increase regional collaboration

•     Understand the regional priorities to assist with State/Federal Government lobbying

•     Understand synergies between local government areas

•     Achieve financial and time savings

•     Identification of regional strategies and goals

In 2021, the Canberra Region Joint Organisation (CRJO) and seven member Councils resolved to collaborate to review their current Community Strategic Plans (CSPs) and apply a regional lens to identify the region’s challenges and opportunities. The seven councils who participated in the Regional Community Strategic Plan, included:

•     Bega Valley Shire Council

•     Snowy Monaro Regional Council

•     Snowy Valleys Council

•     Goulburn Mulwaree Council

•     Queanbeyan-Palerang Regional Council

•     Upper Lachlan Shire Council

•     Yass Valley Council

The Regional Community Strategic Plan (RCSP) project was established with an outlook to 2042 and publicly named Towards 2042. As part of the CRJO collaborative project the group worked with consultants to develop and implement a broad community engagement strategy that saw more than 6,700 community members participate in a range of engagement methods.

At the end of the project, a Regional Community Strategic Plan and seven individual Community Strategic Plans were delivered. Some of the highlights of the project include:

•     Cost saving of more than $200,000

•     Significant resource savings to participating councils

•     6,700 engaged residents

•     117 targeted, long-form interviews

•     701 random telephone interviews

•     1,194 school students engaged

While the outcome was a Regional Community Strategic Plan, each Council still met its legislative requirements by having their own Community Strategic Plan. Councils CSP 2042 is also supported by the CSP 2042 Performance Measures. This document provides more details and baseline data on the performance measures outlined in the CSP 2042. https://begavalley.nsw.gov.au/council/bega-valley-community-strategic-plan

Given the broad approach for the initial Regional CSP, it is recommended that a lighter approach be considered for the next review prior to the 2024 election.

Options

Council has a range of options when considering the recommendations included in this report. The recommendation proposed by staff seeks to ensure the CSP refresh process is as efficient and cost effective as possible.

Community and Stakeholder Engagement

It is proposed the community engagement for the CSP refresh takes place between May- July 2024 prior to election campaigning. Council’s adopted Community Engagement Strategy is under review internally and this will be exhibited and readopted prior to the CSP refresh engagement taking place.

Engagement undertaken

Over 1,900 people from across the Bega Valley Shire participated in the Towards 2042 community engagement from 21 June to 13 August 2021. The community contributed their thoughts and opinions through an online survey, discussion guides, pop-up sessions, drawing sheets and telephone interviews. The Towards 2042 Engagement Report is available on Councils website. https://begavalley.nsw.gov.au/council/bega-valley-community-strategic-plan   

The CRJO General Managers Advisory Group (GMAG) are supportive of undertaking the collaborative CSP refresh and are seeking commitment from each member Council to pursue this approach.

Engagement planned

A consultant, at the expense of the CRJO, will be engaged to develop an engagement plan for each Council for the CSP refresh project. It is recommended that this engagement takes place in mid-2024.

Financial and Resource Considerations

The CRJO are covering the expenses related to engaging the consultant to undertake the CSP refresh and associated community engagement. There is $20,000 in the 2023-24 budget to support additional targeted community engagement in the CSP refresh process. This may include additional research related to asset management and service levels.

The Regional CSP project that was undertaken in 2021/2022 was funded by all participating councils with a fixed cost of $10,000 per council and the remainder made up of a percentage based upon population size. For instance, Upper Lachlan (smallest council) paid $15,284 for their CSP which includes $10,000 fixed cost and $5,284 population cost, while Queanbeyan-Palerang (largest council) paid $49,000. In comparison, Queanbeyan-Palerang’s Community Strategic Plan that was developed in 2018 following the merger cost upwards of $120,000. The total budget for the project was $215,000. It is difficult to put a firm figure on the cost saving of the joint approach, however across the seven councils it is estimated that the Regional CSP saved more than $200,000.

Legal /Policy

The Community Strategic Plan (CSP) is the cornerstone document in the NSW Integrated Planning and Reporting (IPR) Framework. Under the provisions of NSW Local Government Act 1993, councils are required to facilitate the development of a CSP which encapsulates the community’s vision and their long-term aspirations for the region. The CSP constitutes the peak corporate plan within the Integrated Planning & Reporting Framework which now forms a central part of all councils’ corporate planning requirements as required by the Local Government Act 1993.

CSPs tend to be high level, aspirational documents outlining what the community value and prioritise. Many of the areas articulated are reflective of the responsibilities, activities and programs of the State and in some cases Federal Government, and other organisations. The IPR framework recognises that most communities share similar aspirations: a safe, healthy and pleasant place to live; a sustainable environment; opportunities for social interaction; opportunities for education and employment; and reliable infrastructure, but recognises each community has over time developed unique characteristics and strong senses of identity.

Building a CSP takes time and must involve a whole-of-community engagement process. It is important to note that whilst Council is the custodian of the CSP, it may not be responsible for the delivery of all of the activities the Plan identifies.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Whilst Council takes the lead in the preparation and implementation of the Community Strategic Plan, all levels of government, businesses, industry groups, community groups and individuals will contribute to achieving our long-term community goals. 

If supported, the CSP refresh will provide an updated CSP prior to the 2024 Local Government election and will then guide the integrated planning of the newly elected Council in 2024 and onwards. Following the development of a updated CSP, Council can then focus its efforts on developing a revised Delivery Program and Resourcing Strategy for 2025-2029.

Environment and Climate Change

The opportunity to apply a regional lens to environmental and economic issues presents a framework for more collaborative and innovative policies, programs and initiatives to surface across the CRJO geographical area. By working together there is economies of scale and a louder voice for advocacy with both the State and Federal Government.

Economic

As one of the Bega Valley Shire’s largest employers and consumers of a range of services, Council has a significant role to play in the local economy. It is acknowledged that adjustments in Council’s spending have flow on effects to the local economy and this is considered as part of Councils Long Term Financial Planning and annual budget development process which seek to meet the strategic objectives that are outlined in the Community Strategic Plan.

Risk

The risk with a collaborative project of this nature is the capacity and willingness of all Councils to participate and provide the necessary financial and staffing resources. Early commitment from each Council (thus the timing of this report) along with a pro-active Working Group drawing on experiences from the previous project will help to reduce this risk. Clear decision-making gateways will need to be determined and agreed to by the Working Group and GMAG.

Social / Cultural

The review of the Community Strategic Plan will have future social and cultural implications as the CSP guides Council commitments in seeking to improve the community in which we live, work and play. Balancing long-term financial sustainability with the expectations the community outlines in the Community Strategic Plan requires constant effort and detailed consideration.

Attachments

Nil

 

 


Council 24 May 2023

Item 10.5

 

10.5. Certificate of Investment April 2023     

This report details Council’s cash and investments at the end of April 2023.

Director Business & Governance  

Officer’s Recommendation

1.    That Council receive and note the report on Council’s investment position at 30 April 2023.

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.

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

On 30 April 2023 the total capital value of cash and investments was $115,421,679.86 with 90% of Council’s investment portfolio directed to term deposits and the remainder held in cash deposit accounts. Council has earned year to date interest income of $1,632,904 which is 96% of the projected budget amount.

The value of outstanding government grant debtors on 30 April 2023 is $6,120,235.21 with $845,868.97 aged 4+ months. Council continues to work with our funding partners to reduce these debts.

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 April 2023 is detailed below:

Issuer

Rating

Type

Purchase

Maturity

Rate (%)

Capital Value ($)

 

Commonwealth Bank

(Operating cash account)

AA-

CASH

-

-

-

1,792,029.25

 

Commonwealth Bank

(At call cash account)

AA-

CASH

-

-

-

10,000,000.00

 

NSW Treasury Corporation

(Strategic cash fund)

AA-

CASH

-

-

-

129,650.61

 

Westpac

AA-

TD

10/02/2022

11/05/2023

1.00

5,000,000.00

 

Commonwealth Bank

AA-

TD

02/06/2022

08/06/2023

3.23

5,000,000.00

 

NAB

AA-

TD

11/01/2023

13/06/2023

4.24

5,000,000.00

 

NAB

AA-

TD

09/02/2023

10/07/2023

4.30

2,500,000.00

 

Suncorp

A+

TD

31/03/2023

31/07/2023

4.44

3,000,000.00

 

AMP Bank

BBB

TD

03/02/2022

02/08/2023

1.35

5,000,000.00

 

Commonwealth Bank

AA-

TD

11/08/2022

11/09/2023

4.01

2,000,000.00

 

Commonwealth Bank

AA-

TD

19/09/2022

19/09/2023

4.32

2,000,000.00

 

Commonwealth Bank

AA-

TD

26/08/2022

26/10/2023

4.17

2,000,000.00

 

Bank of Queensland

BBB+

TD

31/03/2023

31/10/2023

4.62

3,000,000.00

 

NAB

AA-

TD

24/02/2023

24/11/2023

4.77

3,000,000.00

 

NAB

AA-

TD

09/02/2023

11/12/2023

4.60

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

 

NAB

AA-

TD

28/02/2023

29/01/2024

4.92

2,000,000.00

 

Westpac

AA-

TD

08/02/2022

08/02/2024

1.59

10,000,000.00

 

Westpac

AA-

TD

09/02/2023

11/03/2024

4.75

5,000,000.00

 

P&N Bank

BBB

TD

15/12/2022

15/04/2024

4.60

5,000,000.00

 

BankVic

BBB+

TD

26/04/2023

26/04/2024

4.75

2,000,000.00

 

Commonwealth Bank

AA-

TD

10/02/2022

16/05/2024

1.65

5,000,000.00

 

NAB

AA-

TD

24/02/2023

24/06/2024

5.00

2,500,000.00

 

NAB

AA-

TD

28/02/2023

29/07/2024

4.98

2,000,000.00

 

Commonwealth Bank

AA-

TD

10/02/2022

15/08/2024

1.75

5,000,000.00

 

Westpac

AA-

TD

30/09/2022

03/10/2024

4.78

2,000,000.00

 

Commonwealth Bank

AA-

TD

15/12/2022

16/12/2024

4.59

5,000,000.00

 

Westpac

AA-

TD

08/02/2022

10/02/2025

2.00

5,000,000.00

 

Australian Military Bank

BBB+

TD

31/03/2023

16/04/2025

4.50

3,000,000.00

 

Total Cash and Investments

$115,421,679.86

 

Interest earned for April 2023

$260,459

Financial year to date interest earned

$1,632,904

Budgeted interest for 2022/2023 financial year – March QBRS

$1,700,000

Percentage of the 2022/2023 budget earned by council

96%

 

The COVID-19 pandemic has adversely impacted financial markets, which in turn, also affected Council’s investment portfolio. After global central banks set official interest rates to emergency levels during the height of the pandemic in 2020, financial markets have transitioned to recovery phase.

Council’s investment portfolio is largely directed towards term deposits (90%). The remainder of the portfolio is held in cash deposit accounts with CBA and TCorp (10%).

The investments held by Council remain sufficiently liquid with 74% of investments maturing within the next 12 months.

For the month of April, the investments (excluding cash) provided a return of 3.31% p.a. underperforming the RBA cash rate return of 3.60% p.a. This ‘underperformance’ has been due to the aggressive rate hikes undertaken by the RBA. Whilst this ‘underperformance’ may continue in the short-term, we do anticipate this to be temporary given the relatively high level of turnover (around one-quarter of the deposit portfolio is maturing within the next 6 months).

As at the end of April 2023 the portfolio was yielding 3.26% with a weighted average duration of 285 days.

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

Table 1: Investments by Fund $’000

Fund

February 2023

March 2023

April 2023

General Fund

47,475

48,581

44,975

Water Fund

22,499

25,674

24,749

Sewer Fund

47,383

45,763

45,698

TOTAL

117,357

120,018

115,422

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 and reflects adjustments included in March Quarterly Budget Review Statement (QBRS) which is included in the current Council meeting reports.

It includes the balance of restrictions projected at 30 June 2023.

Source of Funds

Value

Total Cash and Investments at 30 April 2023

$115,421,680

External Restrictions (projected)

$54,605,830

Internal Restrictions (projected)

$13,822,814

Unrestricted Funds

$46,993,036

Budgeted expenditure to 30 June 2023

$45,482,614

Expected unrestricted funds balance at 30 June 2023

$1,510,422

The value of outstanding government grant debtors on 30 April 2023 is $6,120,235.21 with $845,868.97 aged 4+ months. Council continues to work with our funding partners to reduce these debts.

Legal /Policy

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

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

The report must also include a Certificate as to whether the investments have been made in accordance with the LG Act, 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

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

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

28   CSP Strategy: E.4 Council has robust financial management processes to ensure ongoing         viability and value for money

29   Delivery Program: E4.2 - Ensure Council’s revenue streams are maximised

30   Operational Plan: Finance - core business: Manage Council’s borrowings and investments      in accordance with council’s financial strategy

Environment and Climate Change

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

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.

Since the adoption of the new investment policy in November 2022 there has been a slight ‘overweight’ counterparty position to CBA (around $3M as at 30 April 2023). This is primarily due to the cash account balances (around $12M) held with CBA. This can be rectified by placing surplus funds with other institutions, as well as redeeming upcoming maturing deposits with CBA. Council can expect to see this ‘overweight’ to further reduce with another $5M CBA Term Deposit maturing in June 2023.

All other individual banks are within the policy limits. The portfolio is diversified, by counterparties and terms of investment.

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

 

Legend:           Compliant                               Non-Compliant

 

Social / Cultural

22     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 24 May 2023

Item 10.6

 

10.6. Quarterly Budget Review Statement (QBRS) March 2023 Q3     

Quarterly Budget Review Statements (QBRS) are prepared and presented to Council in accordance with Section 203 of the Local Government (General) Regulation 2021.

Director Business & Governance  

Officer’s Recommendation

1.    That Council receive and note the March 2023 Quarterly Budget Review Statement.

2.    That the budget recommendations detailed in the attachment to this report be adopted.

Executive Summary

As part of the Integrated Planning and Reporting (IPR) framework, a Quarterly Budget Review Statement (QBRS) must be presented to Council for each financial quarter. This report provides the FY2023 March (Q3) Quarterly Budget Review Statement.

In summary, the QBRS report for the quarter ending 31 March 2023 provides the following projected results:

·    Total Income increased by $10.3 million dollars

-      Rates and Annual Charges increase $0.3 million

-      User fees and charges decreased by $0.6 million

-      Interest and Investment revenue increased by $0.4 million

-      Operational grants increased by $2.7 million

-      Capital grants increased by $7.5 million

·    Expenses increased by $0.2 million.

·    Consolidated net operating result before grants and contributions provided for capital purposes has a projected deficit of $4.3 million.

·    Capital expenditure reduced by $2.3 million dollars

-      Roads, bridges and footpaths increased $2.9 million

-      Other structures increased by $2.6 million

-      Water supply network reduced by $3.3 million

-      Sewer network reduced by $4.7 million

·    The revised projected cash figure at 30 June 2023 is expected to be $69.9 million with external restrictions of $54.6 million.

The Responsible Accounting Officer reports that the March quarterly review presented indicates Council's projected financial position at 30 June 2023 will be satisfactory.

Background

The QBRS is presented in a summary format which shows council’s income statement by fund and type.  Council at its February meeting removed the income statement by Directorate and replaced it with an operating income and expenses report by directorate.

The Capital Budget Review Statement (CBRS) is also prepared by type and provides variance details. It is the intent of this report to provide information on the financial performance of Council as a whole and, for each activity of Council.

The budgeting process sees Council develop annual budgets in March of each year. As can be expected, many external factors are unknown at that time and therefore it is important that routine budget reviews are undertaken and presented to Council for adoption.  As required by the Local Government (General) Regulation 2021, we request budget adjustments through the QBRS process.

Council officers retain the ability to enquire, transact, and report on the detailed general ledger, which includes budgets. If there are specific questions relating to detailed transactional information, officers can provide answers to those questions.

Operationally, our teams are continuing to demonstrate improvement in our financial reporting and systems, focusing on reducing errors and improving real time information.

Options

A detailed review by council officers has been undertaken to prepare the QBRS. It is recommended this is adopted to continue to support Council staff to deliver for the community.

Council has the option to consider other budget adjustments.

Community and Stakeholder Engagement

Engagement undertaken

Internal engagement with staff has been undertaken to develop the recommendations for the QBRS.

Engagement planned

The budget adjustments requested in the QBRS are included as an attachment to the business paper and published on Council’s website. Once approved, the adjustments are made in our financial reporting systems. Future reports reflect the adopted changes.

Financial and Resource Considerations

Operating ResultCouncil’s consolidated budget, net operating result, has improved by $10.2 million since the revised December QBRS. The revised March budget is projecting a surplus of $56 million. The consolidated net operating result before grants and contributions provided for capital purposes has increased by $2.6 million, resulting in a projected deficit of $4.3 million.Income streams have seen an increase in rates and annual charges of $283,371 increase in investment income of $424,500, decrease in fees and charges of $571,254 and other revenue decreased by $44,710. 

Operational Grants have increased by $2,710,545 Included in the total are new grants, previously received grants and new grants transferred to contract liability.

Capital Grants increased by $7,527,129 Included in the total are new grants, previously received grants and new grants transferred to contract liability.

Expenses increased by $163,219.

Employee costs decreased by of $1,156,732, materials and services increased by $1,192,311 and other expenses have increased by $127,640. These changes largely relate to redirection of employee costs to contractors to fill gaps and deliver projects due to difficulty in staff recruitment.

The recommended changes have the following impact on the net operating result by fund:

 

Revised Budget December QBRS

Requested Changes

Projected Year End Result

General Fund

22,982,906

7,664,929

30,744,022

Water Fund

13,543,752

36,836

13,578,588

Sewer Fund

5,563,501

276,600

5,840,101

Waste Fund

3,478,039

2,187,997

5,834,326

The recommended changes have the following impact on the net operating result before grants and contributions provided for capital purposes by fund:

 

Revised Budget December QBRS

Requested Changes

Projected Year End Result

General Fund

(10,488,469)

747,842

(9,644,440)

Water Fund

216,220

36,836

251,056

Sewer Fund

2,853,501

776,600

3,630,101

Waste Fund

108,839

1,077,955

1,491,560

Capital

Capital expenditure is estimated to decrease by $2,250,648 in the March QBRS to $102 million. 

Cash and Investments

Council had cash and investments of $120.0 million at 31 March 2023. The revised projected cash figure at 30 June 2023 is expected to be $69.9 million of which $54.6 million is expected to be externally restricted. 

Other cash impacts include:

·    Council has not yet drawn down the approved loan for waste services of $7.8 million. A projection of the loan funds has been included in this QBRS.

Legal /Policy

In accordance with Regulation 203(1) of the Local Government (General) Regulation 2021, the Responsible Accounting Officer must prepare and submit to the Council a Budget Review Statement after the end of each quarter.

Clause 203 of the Local Government (General) Regulations 2021 states:

Budget Review Statements and revision of estimates

1.    Not later than two months after the end of each quarter (except the June quarter), the responsible accounting officer of a council must prepare and submit to the council a budget review statement that shows, by reference to the estimate of income and expenditure set out in the statement of the council’s revenue policy included in the operational plan for the relevant year, a revised estimate of the income and expenditure for that year.

2.    A budget review statement must include or be accompanied by:

a.       A report as to whether or not the responsible accounting officer believes that the statement indicates that the financial position of the council is satisfactory, having regard to the original estimate of income and expenditure, and

b.       If that position is unsatisfactory, recommendations for remedial action.

c.       A budget review statement must also include any information required by the Code to be included in such a statement.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Council’s 2022–2025 Delivery Program and 2022-2023 Operational Plan provides the Financial Estimates 2022–2025 which includes the Budget for 2022-2023 (FY2023).

Review and adoption of Quarterly Budget Review Statemen aligns with the following FY2023 integrated planning and reporting:

CSP Strategy                       E.4 - Council has robust financial management processes to ensure ongoing viability and value for money.

Delivery Program             E.4.1 – Improve the provision of corporate financial services

Operational Plan              Finance | core business - Preparation of compliant financial reports

Environment and Climate Change

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

Economic

Council and its expenditure have a significant economic impact on the Bega Valley. The recommended adjustments to the adopted budget ensure as an organisation we can continue to deliver the services and projects committed to in the FY2023 Operational Plan.

Risk

Financial stability is defined in terms of Council's ability to facilitate and enhance economic processes, manage risks, and absorb shocks. Moreover, financial stability is considered a continuum: changeable over time and consistent with multiple combinations of the constituent elements of finance.

The QBRS process helps to provide transparency and accountability into the financial management of Council.

Social / Cultural

The attachments to this report detail the recommended adjustments to our budget, which may have some impacts on social and cultural services.

The officer’s recommendation is to support the continued service provisions and associated budgets as detailed in the organisation’s plans as contained in the attached

Attachments

1.         Quarterly Budget Review March 23 (Q3)

 


Council

24 May 2023

Item 10.6 - Attachment 1

Quarterly Budget Review March 23 (Q3)

 

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Council 24 May 2023

Item 10.7

 

10.7. Determination of the Local Government Remuneration Tribunal - 2023 Financial Year - Mayoral and Councillor Fees            

Council is required to adopt an annual fee payable to all Councillors and the Mayor for the 2023-24 Financial Year.

Director Business & Governance    

Officer’s Recommendation

1.    That Council resolve the annual fee payable to Councillors, paid monthly in arrears, from 1 July 2023 to 30 June 2024 to be $21,730.

2.    That Council resolve the annual fee payable to the Mayor, paid monthly in arrears, from 1 July 2023 to 30 June 2024 to be $47,420.

 

Executive Summary

Council requires a resolution to set the Councillor and Mayoral fees annually. The Local Government Remuneration Tribunal (the Tribunal) has determined that there will be a 3% increase in the minimum and maximum mayoral and councillor fees for the 2023-24 financial year, effective from 1 July 2023.

The Tribunal considers several factors before making a determination, including things such as NSW industrial relations environment, consumer price index, public sector wages and the rate peg.

The Officer’s recommendation is that Council sets the fees at the maximum rate, paid in arrears. Bega Valley Shire Council is categorised as ‘Regional Rural’.

Background

On 27 April 2023, the Local Government Remuneration Tribunal (the Tribunal) determined a 3% increase in the minimum and maximum mayoral and councillor fees for the 2023-24 financial year, effective from 1 July 2023. A copy of the Office of Local Government Circular to Councils can be found here: Office of Local Government Circular 23-03.

The Tribunal is required to determine the remuneration categories of councils and mayoral offices at least once every three years under Local Government Act 1993 and undertook a review of the categories as part of its 2023 determination. The Tribunal has determined the creation of two (2) new remuneration categories, ‘Metropolitan Major’ and ‘Rural Large’. The Tribunal has also varied the criteria of several existing categories. As a result of the creation of the two new categories and changes to the criteria of some of the existing categories, the Tribunal has re-categorised twenty-six (26) councils into a higher existing category or into a new category. For the purpose of determining remuneration, Bega Valley Shire Council is classified as a Regional Rural Council.

In its determination, the Tribunal has acknowledged the issues raised in submissions about the remuneration received by mayors and councillors, including a lack of diversity in representation, the changing nature of work required to be undertaken and changed community expectations. The Tribunal has suggested there would be merit in a comprehensive review of the framework for mayor and councillor remuneration. This will be considered as part of the Government’s examination of the broader issues facing local government.

A copy of the Local Government Remuneration Tribunal Report can be found on the NSW Remuneration Tribunals website here:  2023 annual determination LGRT.

The maximum annual fee payable to each Councillor (including the Mayor) proposed for Councillor fees for FY2023-24 is $21,730 with an additional amount of $47,420 payable to the Mayor.

Councillors are also entitled to claim reimbursement for expenses incurred in carrying out their elected duties in accordance with Council’s Policy 6.23 Payment of expenses and provision of facilities for Councillors. These reimbursements are in addition to the annual fees outlined in this report.

Councillor fees are payable monthly, in arrears, and a budget allocation has been included in the draft budget to meet the recommended payments.

Options

Councillors are required to set the fee in line with the Local Government Remuneration Tribunal determination. The following is noted,

·    A council cannot fix a fee higher than the maximum amount determined by the Tribunal.

·    If a council does not fix a fee, the council must pay the minimum fee determined by the Tribunal.

Community and Stakeholder Engagement

Engagement undertaken

The draft budget was placed on exhibition until 17 May 2023. Council will resolve the budget for FY2024 at the Council meeting on 28 June 2023.

Engagement planned

No further engagement is required.

Financial and Resource Considerations

The draft budget allocation of $249,439 for councillor and mayor fees was based on an increase of 4.1%.

Should Council wish to resolve to pay the maximum fees, council will revise the proposed budget allowance to $242,990 a saving of $6,449 before the budget is adopted at the 28 June Council Meeting.

Should Council wish to resolve not to pay the maximum fees, council will revise the proposed budget allowance before the budget is adopted at the 28 June Council Meeting.


 

Fees for General Purpose and County Councils (page 34 of the report)

*The Mayor/Chairperson additional fee must be paid in addition to the fee paid as a Councillor/Member (s.249(2))

Legal /Policy

The Local Government Act 1993, outlines how Councillor fees are determined, fixed and paid:

Division 4 Local Government Remuneration Tribunal:

241 Determination of fees

The Remuneration Tribunal must, not later than 1 May in each year, determine, in each of the categories determined under section 239, the maximum and minimum amounts of fees to be paid during the following year to councillors (other than mayors) and mayors.

Division 5 What fees, expenses and facilities may be paid or provided to councillors?

248   Fixing and payment of annual fees for councillors

(1)  A council must pay each councillor an annual fee.

(2)  A council may fix the annual fee and, if it does so, it must fix the annual fee in accordance with the appropriate determination of the Remuneration Tribunal.

(3)  The annual fee so fixed must be the same for each councillor.

(4)  A council that does not fix the annual fee must pay the appropriate minimum fee determined by the Remuneration Tribunal.

249   Fixing and payment of annual fees for the mayor

(1)  A council must pay the mayor an annual fee.

(2)  The annual fee must be paid in addition to the fee paid to the mayor as a councillor.

(3)  A council may fix the annual fee and, if it does so, it must fix the annual fee in accordance with the appropriate determination of the Remuneration Tribunal.

(4)  A council that does not fix the annual fee must pay the appropriate minimum fee determined by the Remuneration Tribunal.

(5)  A council may pay the deputy mayor (if there is one) a fee determined by the council for such time as the deputy mayor acts in the office of the mayor. The amount of the fee so paid must be deducted from the mayor’s annual fee.

250   At what intervals are fees to be paid?

Fees payable under this Division by a council are payable monthly in arrears for each month (or part of a month) for which the councillor holds office.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This report aligns with the following 2022-25 Delivery Program and operational activities:

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

CSP Strategy                       E.8 - Council has a governance framework that promotes and guides accountability and transparency.

Delivery Program             E.8.1 – Develop and implement good governance systems.

CSP Strategy                       E.1 – Lead, govern and regulate in an ethical, equitable, transparent and accountable way.

Delivery Program             E.1.1 – Conduct day to day management of Council and support Councillors to undertake their role

Environment and Climate Change

There are no environmental or climate change impact relating to the recommendations of this report.

Economic

Items 28 and 29 in the determination include a summary of the submission made by the LGNSW Association and reference research into inequity and inadequate payments to elected officials. The responsibilities and accountabilities are increasing and there is a perceived disconnect between workload and remuneration. These have been considered in the determination by LGRT. 

Risk

Council’s Annual Report includes information on payments to Councillors and provision of facilities. Formal adoption of the amounts in line with remuneration tribunal recommendations ensures legal requirements are met.

Social / Cultural

Reporting on Councillor and Mayoral fees informs the community, the Councillors and future potential councillor candidates about the financial assistance provided to Councillors while undertaking their role as an elected official.

Attachments

Nil

 


Council 24 May 2023

Item 10.8

 

10.8. Review of Procedure 6.06.01 Financial Hardship Assistance     

Council has reviewed Procedure 6.06.01 Financial hardship assistance and is seeking adoption of the changes.

Director Business & Governance  

Officer’s Recommendation

That Council:

1.    Endorse attachment 2 of this report ‘DRAFT Procedure 6.06.01 Financial hardship assistance’ noting the recommended tracked changes and place on public exhibition.

2.    That if no submissions are made during the public exhibition, attachment 2 of this report, procedure 6.06.01 financial hardship assistance, be adopted.

3.    If submissions are received, that a further report be provided to council to consider the submissions prior to adoption.

 

Executive Summary

Council’s revenue team have reviewed the current procedure 6.06.01 Financial hardship assistance and are recommending an update to include additional information on financial counselling, mediation and informal dispute resolution. The review also recommends including information on additional support services available for ratepayers experiencing financial hardship. This procedure is recommended to be placed on public exhibition prior to Council’s adoption.

Background

At Council’s Ordinary Meeting of 1 February 2023, Council presented a Special Rate Variation – Decision to apply to IPART report. Part 11 of the resolution was as follows:

11.  Review the financial hardship assistance procedures in the Financial Management Policy 6.06 - 6.06.01 to ensure they are fit for purpose and support local residents with fairness and integrity particularly in the context of a special rate variation

Following Council’s resolution on 1 February 2023, council’s revenue team reviewed the current procedure 6.06.01 Financial hardship assistance and presented a DRAFT version to a councillor workshop on 1 March 2023. This was an opportunity to discuss how the recommended changes could support the intent of council’s resolution.

Council’s procedure 6.06.01 Financial hardship assistance recognises there are cases of genuine financial hardship requiring respect and compassion in special circumstances. The procedure establishes guidelines for assessment of hardship applications applying the principles of fairness, integrity, appropriate confidentiality, and compliance with relevant statutory requirements. It applies to all applications for waiving, deferment and alternative payment arrangements, or writing off of rates, fees, annual charges and interest accrued on such debts.

Staff recommend updating the procedures to include additional provisions in the procedure with further information on:

·    Financial counselling, mediation and informal dispute resolution and,

·    listing additional support services available.

Options

Council can continue with the current procedure or update the procedures to include additional information regarding independent financial counselling and support services. 

Community and Stakeholder Engagement

Although not required, it is recommended that Council put the DRAFT procedure 6.06.01 Financial hardship assistance on public exhibition for 42 days and offer an opportunity for public comments to be submitted for council consideration.

Engagement undertaken

Council staff presented the draft Procedure 6.06.01 Financial hardship assistance with tracked changes to the 1 March 2023 councillor workshop. The changes were discussed and it was agreed that the procedure be placed on public exhibition and adopted by council. 

Engagement planned

The draft procedure will be placed on Council’s website and open for comment for 42 days. Should any submissions be received, they will be presented back to council for consideration prior to adoption. Should no comments be received, it is recommended that the attached policy, with tracked changes accepted be adopted.

Financial and Resource Considerations

Council is required annually as part of its Annual Financial Statements “Statement of performance measures” to report on rates and charges outstanding. Council’s current performance is 5.31% which is below the Office of Local Government benchmark of maximum 10%.

Any changes to debt collection procedures and potential deferral of collections will impact this performance measure.Legal /Policy

The procedure is based on the Office of Local Government Debt Management Guidelines.

In addition, the Local Government Act Section 712 Special provisions with respect to the recovery of unpaid rates and charges 1993 allows council to defer debt collection for up to 20 years which could be an option that allows deferral of rates against estates.

BVSC recognises the large numbers of pensioner and low-income ratepayers in the community and the difficulties these ratepayers have in meeting their rate payments. The OLG Rating and Revenue Manual advises Councils have discretion to accrue rates, charges and applicable interest against a ratepayer’s estate subject to agreement by the ratepayer.

Where a ratepayer requests a delay in recovery action to allow outstanding rates, charges, and interest to accrue against their estate, and is willing to enter into an agreement the following steps would need to be considered:

        -      Obtain a written annual application signed by each owner to defer rates, charges and interest.

        -      Assess the application, with the following classes of ratepayers entitled to deferral. Eligible pensioners in terms of the Local Government (General) Regulation and low-income ratepayers who have gross rates and charges greater than 5% of their income.

        -      Charge interest on overdue rates and charges at a concessional interest rate as resolved by the elected Council annually. Not commence recovery action until there is a change in ownership of the property, both ratepayers leave the property, both ratepayers become ineligible for a pension rate concession or previously approved income/special circumstances change. Should any of these events occur, all deferred rates and charges will become due and payable.

        -      Council will require the rate payer to recommence payments of overdue Rates and Charges such that their total debt to Council does not exceed a period of 19 years, as noted in section 712 of the Act.

        -      Should the ratepayer be unable to adhere to the above, Council will commence a legal debt recovery process to secure the debt against the property. The legal process will cease once judgement is awarded. Costs associated with this process will be borne by Council.

        -      Compounded interest modelling to check how much interest Council will make on each approved application for deferred rates.

The authorising policy for this supporting procedure is 6.06 Financial Management.

An associated procedure is procedure 6.06.03 debt recovery v 5 adopted 28 June 2022. This procedure is attached to this report for information.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Review and adoption of the financial hardship assistance procedure aligns with the following:

Community Strategic Plan (CSP)

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

CSP Strategy                       E.4 - Council has robust financial management processes to ensure ongoing viability and value for money.

Delivery Program             E4.2 - Ensure Council’s revenue streams are maximised

Environment and Climate Change

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

Economic

The collection of rates, fees and charges by council is an essential financial management process. The finance policy and these associated procedures impact cash flow. This is monitored by staff and reported to councillors through quarterly budget reviews. The rates and charges outstanding financial performance ratio is used to monitor the impact of changes in procedures or a policy position of council.

Risk

Council is to review policy 6.01 financial management on an annual basis to ensure it aligns with the adopted budget and strategic direction of council.

The review of this procedure does not increase council’s debt collection and cash flow financial risk. It is acknowledged that should the special rate application be approved, the capacity to pay when rates fall due may impact some ratepayers. Council’s procedures provide an avenue for making payment arrangements and the recommended changes to the procedure provide additional information for financial advice and support services available to all ratepayers.

Social / Cultural

23     Review of this procedure has been undertaken to ensure it is fit for purpose, is based on the debt management guidelines issued from Office of Local Government, with the intent to support local residents with fairness and integrity, particularly in the context of a proposed special rate variation being introduced in the following 2 financial years (FY2024 and FY2025).

Attachments

1.         Procedure 6.06.01 Financial hardship assistance v5 adopted 28/06/2022

2.         DRAFT Procedure 6.06.01 Financial hardship assistance - Tracked changes

3.         Procedure 6.06.03 debt recovery v5

4.         Office of Local Government Debt Management Guidelines Nov 2018

 


Council

24 May 2023

Item 10.8 - Attachment 1

Procedure 6.06.01 Financial hardship assistance v5 adopted 28/06/2022

 

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Council

24 May 2023

Item 10.8 - Attachment 2

DRAFT Procedure 6.06.01 Financial hardship assistance - Tracked changes

 

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Council

24 May 2023

Item 10.8 - Attachment 3

Procedure 6.06.03 debt recovery v5

 

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Council

24 May 2023

Item 10.8 - Attachment 4

Office of Local Government Debt Management Guidelines Nov 2018

 

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Council 24 May 2023

Item 10.9

 

10.9. Proposal to become a member of the Bega Valley Circularity Co-operative       

This report presents a recommended pathway for Council’s involvement in the Bega Valley Circularity Initiative and Regional Circularity Co-operative.

Chief Executive Officer  

Officer’s Recommendation

That Council delegate the Chief Executive Officer to negotiate and enter into the most appropriate form of non-binding agreement with the Regional Circularity Co-operative to facilitate Council’s continued involvement with the Bega Valley Circularity Initiative.

 

Executive Summary

In July 2021 Council considered a report on becoming a founding member of the Regional Circularity Co-operative (RCC). Since that time the RCC has made significant progress towards a number a of circularity initiatives. One of the initiatives includes submitting funding applications for the construction of a circularity centre. Given the change in activity of the RCC it is considered timely to review Councils formal involvement.

Background

The Bega Valley Circular Initiative (BVCI) was conceived in 2020 with further information provided in the report to the July 2021 Council meeting attached to this report. Since inception the BVCI and RCC have progressed significantly with an increase in interest and some funding for business case development being secured. Additionally, a circularity roadmap is nearing completion that identifies a number of priority objectives and actions.

One of the initiatives in the roadmap is to construct a circularity centre which will be a significant capital project that would require development consent. The RCC has been awarded $14 million in funding for the circularity centre from the NSW Government’s Regional Tourism Activation Fund. From a governance perspective it is considered prudent that Council reconsiders its formal involvement in the RCC, at least in the short term.

Participation with and support of the RCC is considered highly beneficial for Council and the community which could, in the short term, be through a memorandum of understanding or heads of agreement rather than through formal membership of the RCC.

The RCC has established a steering committee that meets fortnightly. The steering committee is comprised of representatives of RCC member organisations and others. Council’s economic development officer participates in these meetings. The RCC also regularly engages with Council’s waste team.

Options

1.    Council could reconfirm its commitment to formal membership of the RCC in the short            term. There is potential that this could raise difficult to manage conflicts of interest that              would be counterproductive to the progress of the BVCI and that could mean Council has     not complied with legislative requirements. If Council did decide to pursue this option, it   would be recommended legal advice as to the implications be obtained.

2.    Council could decide to withdraw all involvement and support for the BVCI and RCC,                 however this is not recommended due to the significant benefit of Council involvement for the local community and industry as well as Council.

3.    Council could delegate the Chief Executive to negotiate a non-binding agreement with the    Regional Circularity Co-operative to facilitate Council’s continued involvement with the          Bega Valley Circularity Initiative. This is the recommended option.

Community and Stakeholder Engagement

The RCC have been made aware that this report is being presented to Council and the reason for the recommended course of action. Council also recently held a workshop with the Chair of the RCC to receive an update on the progress of the BVCI and the activities of the RCC.

Engagement undertaken

There has been engagement with the RCC on Council proposed involvement.

Engagement planned

Council officers will continue to engage with the RCC to ensure mutually beneficial outcomes.

Financial and Resource Considerations

There are no additional financial considerations associated with the recommendations included in this report. One of the reasons the recommendations are being provided in the current format is to avoid in the short term Council being part of the development and potential ownership of a high value asset in the proposed circularity centre. The governance and accounting requirements that would be expected from a local government perspective are not well understood.

Legal /Policy

Although the initial advice surrounding Council being a member of the cooperative did not preclude Council being a member it did at the time flag the potential for non-pecuniary conflicts of interest. Since that time the focus of the RCC has partly shifted and the risk of conflicts of interest have increased. A non-binding MoU or heads of agreement is considered an appropriate mechanism in the short term for council to reinforce its support for the BVCI and RCC without binding Council to anything.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The strategic, environmental, economic and social/cultural benefits associated with the BVCI have not changed since the attached July 2021 report was presented. The risk considerations have changed as outlined in this report which is why the recommended course of action has been presented.

Environment and Climate Change

There are no environment and climate change impacts associated with this report.

Economic

There are no Economic benefits/impacts associated with this report.

Risk

There are no risks associated with this report.

Social / Cultural

There are no social/cultural impacts associated with this report.

Attachments

1.         2021.07.21 Council report - Proposal to become a member of the Bega Valley Circularity Co-operative

 


Council

24 May 2023

Item 10.9 - Attachment 1

2021.07.21 Council report - Proposal to become a member of the Bega Valley Circularity Co-operative

 

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Council 24 May 2023

Item 10.10

 

10.10.       Actions from resolutions of Council - Progress Report     

This report provides a progress update on Council officer actions following previous Council Resolutions.

Chief Executive Officer  

Officer’s Recommendation

1.    That Council be provided quarterly update reports to monitor progress on implementation of Council resolutions

2.    That Council notes the progress update on implementation of Council resolutions contained within this report

 

Executive Summary

It is important that Council is transparent in its progress on implementing the resolutions of Council. This report provides a formal mechanism of accountability back to Council and provides the information openly to the community via Council’s website.

Background

Following each Council meeting Council Resolutions are tasked to an officer in Council’s electronic Report System - InfoCouncil.  Progress of actions undertaken in relation to respective resolutions is monitored internally by senior staff.

At the Council meeting of 18 May 2022, it was resolved:

1.    That Council be provided quarterly update reports to monitor progress on implementation of Council resolutions

Below is a link to outstanding actions from previous Council resolutions, since 8 February 2023 a further 60 actions have been completed.

Open actions from resolutions of Council for the period of 8 February 2023 to 17 May 2023

Options

There are no options associated with this report.

Community and Stakeholder Engagement

There are no Community and Stakeholder Engagement requirements associated with this report.

Engagement undertaken

There has been no Engagement undertaken associated with this report.

Engagement planned

There is no Engagement planned associated with this report.

Financial and Resource Considerations

There are no direct Financial and Resource Considerations associated with this report. If Council resolved to do anything other than note the update there may be financial impacts to be considered.

Legal /Policy

There are no Legal/Policy impacts associated with this report.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

6.11.5 of Councils current delivery program states: Support Councillors and ensure open and effective Local Government in our Shire

Environment and Climate Change

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

Economic

There are no Economic benefits/impacts associated with this report.

Risk

There are no risks associated with this report.

Social / Cultural

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

Attachments

Nil

 


Council 24 May 2023

Item 10.11

 

10.11.       Appointment of Council Delegate to South East Arts Advisory Committee     

Council appoints delegates and representatives to various Committees, Groups and Panels, following the Council election and occasionally there is a need to change representatives.

Chief Executive Officer  

Officer’s Recommendation

That Council confirm a new delegate to the South East Arts Advisory Committee

Executive Summary

 

Council may establish committees to support its decision making and is invited to nominate representatives to participate in committees established by other organisations.

 

Background

Following each Council election, Council traditionally establishes a number of committees as well as appointing Councillors to represent its interests on a number of internal and external committees. Following the last election Councillor Wright was appointed to represent Council on South East Arts, however due to timing conflicts she is unable to continue.

Committees managed by other organisations

A number of organisations request Council involvement in committees that they administer.  These committees are generally constituted to seek input into the governance of the organisation, development of policy, planning decisions, or the management of assets and services. 

South East Arts

South East Arts (SEA) is the regional arts and cultural development organisation covering the Bega Valley, Eurobodalla and Snowy Monaro local government areas. SEA actively supports the ongoing development of, and participation in, arts and culture throughout the South East region of NSW.

It is supported by artists and art organisations, communities and councils across the operating region. The services in which it provides include the promotion of art events, information and research on artists, audiences, venue and resources regarding funding, sponsorship and donations.

Options

It is recommended Council determine the delegate for the rest of the term of Council. Council may elect not to provide a nominee for the advisory committee.

Community and Stakeholder Engagement

Engagement undertaken

There has been no engagement undertaken pertaining to this report.

Engagement planned

There is no engagement planned pertaining to this report.

Financial and Resource Considerations

There are no financial implications associated with this report.

Legal /Policy

There are no legal or policy matters associated with this report.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

6.            Strong, Consultative Leadership

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

6.11.1   Improve communication about Council activities, decisions and achievements

Environment and Climate Change

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

Economic

There are no direct economic implications associated with the recommendation of this report.

Risk

There are no risks associated with this report.

Social / Cultural

South East Arts provides a range of benefits to the community through its operations.

Attachments

Nil

 


Council 24 May 2023

Item 10.12

 

10.12.       14 June 2023 Council meeting     

This report seeks a resolution to cancel the 14 June 2023 Ordinary Council meeting.

Chief Executive Officer  

Officer’s Recommendation

That Council cancel the 14 June 2023 Council meeting due to three Councillors attending the National General Assembly conference in Canberra noting there is also a second Council meeting in June 2023.

 

Executive Summary

The 2023 National General Assembly 2023 (NGA) coincides with the currently scheduled 14 June 2023 Council meeting. There are currently no scheduled critical items required to be considered at the 14 June 2023 meeting and as such it is recommended the meeting be cancelled.

Background

It is recommended Bega Valley Shire Council cancel its 14 June 2023 Council meeting and transfer all business to the 28 June 2023 meeting. The cancellation will not disrupt Council business. An additional Council meeting had originally been scheduled for June 2023 with the intention to consider adoption of the operational plan, budget and associated documents at a separate meeting, however there is no requirement to do so.

Options

There are no options associated with this report.

Community and Stakeholder Engagement

There has been no community and stakeholder engagement associated with this report.

Engagement undertaken

There has been no engagement undertaken associated with this report.

Engagement planned

Council’s Communications and Engagement team will advise of the cancellation through Council’s website and Facebook page.

Financial and Resource Considerations

There are no financial and resource considerations associated with this report other than a small reduction in meeting costs of the recommendation is supported.

Legal /Policy

Under the Local Government Act 1993, section 365 advises Councils are required to meet 10 times per year, each time in a different month.

Council will meet thirteen times in 2023 after the cancellation of 14 June 2023 Council meeting.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

There are no strategic alignment impacts associated with this report.

Environment and Climate Change

There are no environment and climate change impacts associated with this report.

Economic

There are no economic impacts associated with this report.

Risk

There are no risks associated with this report.

Social / Cultural

There are no social/cultural impacts associated with this report.

Attachments

Nil

  

 


Council

24 May 2023

 

 

Notices of Motion

 

24 May 2023

 

13.1            Strengthening Business Entrepreneurs Programme......................................... 723


Council 24 May 2023

Item 13.1

 

13.1. Cr Helen O'Neil - Strengthening Business Entrepreneurs Programme       

 

Notice of Motion

This Council commends the action of the Eden Chamber of Commerce, Eden Community Access Centre and Eden Recovery and Resilience Alliance with "Strengthening Business Entrepreneurs Programme" to bring community, business and three levels of government together to look at pathways to develop jobs, careers and enterprises in marine industries including an Eden Marine Centre of Excellence and will assist in building understanding of the opportunities.

Cr Helen O'Neil

Attachments

Nil

   


Council

24 May 2023

 

 

Questions with Notice

 

24 May 2023

 

14.1            Cr Porter - Seeking a report outlining works done to improve our communities resilience to natural disasters, particularly bushfires since the Tathra Bushfires................. 725

14.2            Cr O'Neil - Seeking information on Development Applications........................ 726

14.3            Cr O'Neil -  What is the current status of major Development Applications submitted that are dependent on funding provided by state and/or federal government?.... 728


Council 24 May 2023

Item 14.1

 

14.1. Cr Porter - Seeking a report outlining works done to improve our communities resilience to natural disasters, particularly bushfires since the Tathra Bushfires     

Can staff please provide a report outlining what work has been done to improve our communities resilience to natural disasters, particularly bushfires since the Tathra Bushfires. The report should include any plans developed and grants we’ve received.

Cr David Porter 

Staff response

There have been numerous actions taken across a broad range of areas to improve our communities resilience since the Tathra Bushfires. Staff will prepare an overview of the actions taken in a report which may take some time due to current workloads.

Attachments

Nil

 


Council 24 May 2023

Item 14.2

 

14.2. Cr O'Neil - Seeking information on Development Applications     

What is the current backlog of DAs awaiting review and decision and average waiting times to decision for residential and commercial developments? What are current target times and priorities for resolution of Development Applications? What are the risks for attracting investment to the Bega Valley and in resolving key environmental and building quality issues with protracted delays in considering Development applications?

Cr Helen O’Neil 

Staff response

As at 15 May 2023, Council had 254 undetermined DAs including a large number of priority DAs. 154 were under active assessment. Of these, 8 were being assessed through the Department of Planning and Environment’s (DPE) Housing Flying Squad and 2 through DPE’s expert assessment pathway. The Southern Regional Planning Panel (SRPP) is the determining authority for 4 of the DAs under active assessment.

Council currently has significant staffing shortages in the planning services team, with four positions currently vacant. This equates to 40% of the team and is impacting the time it takes to assess DAs.

We are actively recruiting however there is a state-wide skills shortage. We have employed contract planners and development engineers where possible, however we still have a significant resource gap.

Council’s customer service charter outlines target assessment timeframes for development applications as follows: Fast track development (including bushfire dwelling rebuilds) within 20 days, general development within 60 days and major development within 120 days. The current mean assessment timeframe for all application types combined is 140 days, however this depends on the complexity of the development and completeness of the application.

The elected Council’s adopted DA priorities include bushfire rebuilds, employment generating DAs, and a number of identified housing and tourism projects for the Local Aboriginal Land Councils. Staff are also drafting an affordable housing priority definition as per an action in the Bega Valley Affordable Housing Strategy. Once finalised, this will be provided to Council for approval.

Council also has a shortage of building certifiers, and only one certifier with A1 accreditation, which is placing further strain on development once a DA is approved if Council is appointed as the principal certifier.

As with many industries, costs in the building industry are continuing to rise. As such, protracted DA assessment timeframes are having an impact on developers’ costs and overall project timeframes, however staff need to ensure each application is adequately reviewed to ensure all planning and environmental impacts are assessed and managed.

Protracted assessment timeframes also expose Council to deemed refusal claims in the Land and Environment Court. These cases take staff time away from assessing DAs to prepare briefs for solicitors and participate in legal proceedings.

 

 

Attachments

Nil

 


Council 24 May 2023

Item 14.3

 

14.3. Cr O'Neil -  What is the current status of major Development Applications submitted that are dependent on funding provided by state and/or federal government?     

What is the current status of major Development Applications submitted that are dependent on funding provided by state and/or federal governments which seek timely completion of projects including bushfire recovery projects in Cobargo?

Cr Helen O’Neil

Staff response

Council is aware of a number of DAs that are dependent on state or federal government funding. Some of these projects align with the elected Council’s adopted priorities.

The following is an update on the key DAs staff are aware of that are linked to government funding:

·    Butter and Yogurt Factory, Gilberts Road, Verona (DA 2022.16): Construction of a rural industry. Development consent was issued on 14 April 2023.

·    Cobargo Community Development Corporation (DA2022.364, DA2022.365, DA2022.366): These three DAs are under active assessment and will be reported to Council for determination in line with Council procedure 3.01.1, Reporting of Development Applications to Council. At this stage, we are aiming to meet the 28 June 2023 Council meeting, however this is dependent on additional information being provided by the applicant and further assessment of the issues. 

·    Cobargo Resilience Centre (DA2022.308): This DA is under active assessment. Pending additional information being provided by the applicant, we are aiming to determine the DA under staff delegation by 28 June 2023.

·    Bega Showground redevelopment: DA2022.190 for the demolition of some buildings on the Bega Showground site has been assessed and provided to Council for determination at the 24 May 2023 Council meeting. DA2022.453 for the build of a new community centre at the Bega Showground site is under assessment and will be determined by the Southern Regional Planning Panel. The panel will be undertaking a site visit and briefing on 30/31 May 2023. A public meeting may be required by the panel depending on the number of objections received. Public notification closes on 29 May 2023.

·    Wanderer Festival (DA2023.85): Public notification closes on 29 May 2023. The development is classed as Integrated Development with the NSW RFS, and a number of referrals are required including to National Parks, NSW Police and Crown Lands. It is not yet known if staff can determine the DA under delegation or whether it will be reported to Council for determination under Council procedure 3.01.1, Reporting of Development Applications to Council.

·    Bega Sporting Complex (DA2022.279): The DA has been submitted and notified, however there was a time delay whilst owners consent was obtained from Crown Lands. Staff will brief the Southern Regional Planning Panel on 30 May 2023. The Assessment Report is being finalised. 

·    Bega Local Aboriginal Land Council (DA 2023.72): A DA for a community facility, garden centre, light industry and vehicle repair station at Applegum Close, Bega achieved lodgement on 20 April 2023. The application has been assigned to a planner; notification and referrals are currently being arranged.

·    Eden Local Aboriginal Land Council (DA 2023.61): A DA for multi dwelling housing at Maling Street, Eden achieved lodgement on 19 April 2023. The application has been assigned to a planner; notification and referrals are currently being arranged.

Attachments

Nil

  


Council

24 May 2023

 

 

Questions without Notice

 

24 May 2023

 

15.1            Cr O'Neil - Can I have an update on working with community groups on the volunteer strategy?............................................................................................................ 731

15.2            Cr Griff -  Lighting in Tathra Country Club on the sports field? Was a Development Application required for installing the lighting?............................................... 733


Council 24 May 2023

Item 15.1

 

15.1. Cr O'Neil - Can I have an update on working with community groups on the volunteer strategy?     

At the Ordinary Council meeting of 19 April 2023 Cr O’Neil asked can I have an update on working with community groups on the volunteer strategy and what we can do to get some more volunteers and organisations involved including getting resources and training to assist them?

Chief Executive Officer  

Staff response

Volunteering is one of many focus areas of the Community Development, Halls and Cemeteries team within Council. While Council does not currently have a ‘volunteering strategy’, nor the resources to develop one, we have a number of projects underway that aim to support and encourage volunteering both within Council and more broadly in the community.

Council volunteering

Council has over 300 volunteers working across a range of Council areas, including halls, sports fields, environmental services, the gallery, libraries, cemeteries, Montreal Goldfields, the Access and Inclusion Advisory Committee and the Affordable Housing Implementation Group (among others).

Volunteers are managed by the relevant functional area within Council. The number and type of volunteers is limited by the capacity of those areas to support them. There are very limited funds identified in the budget to support Council volunteers. Funding generally covers basic personal protective equipment (PPE) and meeting expenses (where relevant).

Some functions, such as the library and gallery, continue to attract high numbers of volunteers, however other areas, such as the Montreal Goldfields and some hall committees, are currently struggling to attract volunteers.

In 2022, Council staff undertook a detailed workshop with key areas across Council to identify how Council can better support volunteers. The workshop identified the high value of Council volunteers as well as inconsistencies across the organisation with how they were being managed. 

Following this, the Community Development, Halls and Cemeteries team has commenced a project to review and streamline all documentation and processes in place for Council volunteers, develop a new handbook for Council volunteers, provide updated website resources for potential volunteers, and develop resources for volunteer supervisors. The project will also identify areas for future, continued improvement.

Council was also recently awarded $97,800 under the NSW Government’s Social Cohesion Grants for Local Government Unsung Heroes – Innovation in volunteering program to support volunteers working in our hall committees. This grant will fund a part time project officer to support Council’s hall committees to encourage volunteerism in the halls and their local communities. The project will also support the committees to activate their halls through a community event, and to develop an action plan to guide their future efforts. The project will be completed by March 2024.

Additionally, the Community Development, Halls and Cemeteries team is currently reviewing the look and feel of the Community Directory—an online community information database that provides the ‘go to’ place for information on local community groups and non-profit organisations—and will undertake a promotional campaign in 2024 once the directory is refreshed. The directory includes the capacity for groups to self-nominate their need for volunteers.

There is also a small amount ($16,000) in the proposed 2023/24 budget to support community volunteering. This is allocated to the promotion of National Volunteer Week, costs associated with engaging volunteers on Council projects and committees, and the ongoing hosting and maintenance of the Community Directory.

 

Community volunteering

Council is currently working with the Foundation for Rural and Regional Renewal (FRRR) on a grant funded project, funded by the Australian Government, to support the not-for-profit (NFP) sector.

Part of this funding will be used to coordinate and manage a volunteer expo in September this year to encourage volunteerism within the community. The expo aims to promote the exceptional and rewarding work being undertaken by volunteers, and showcase the opportunities for those who may be considering volunteering in future.

The project with FRRR also includes supporting existing volunteers in the NFP sector through providing free courses (funded by the grant) for people working in the NFP sector, many of them volunteers. These courses will start in a few months and run until the end of 2023.

The FRRR project is funded until February 2024 and includes funding for 2 Council staff on fixed term contacts.

 

Resourcing

While we recognise the incredible flow-on value of volunteering to the community, the capacity of the Community Development team, with only one permanent community development officer, is extremely limited when considered alongside other priorities. Council is primarily reliant on grant funding opportunities to support community volunteering. All current programs cease by March 2024 and the team will continue to look for opportunities to support the sector into the future.

The current work to review our volunteering resources and processes (as referenced above under ‘Council volunteering’) will be completed within existing resources. However, any future/continued improvements will require further investment through budget or staff time to implement. This will be considered in the development of future budgets and operational plans.

Attachments

Nil

 


Council 24 May 2023

Item 15.2

 

15.2. Cr Griff -  Lighting in Tathra Country Club on the sports field? Was a Development Application required for installing the lighting?     

At the Ordinary Council meeting of 19 April 2023 Cr Griff asked in relation to the lighting in Tathra Country Club on the sports field, was a Development Application required for installing the lighting?

Chief Executive Officer  

Staff response

1.                   A development application (DA2019.115) was submitted and subsequently approved on 17 June 2019 for the lighting on the sports field at the Tathra Country Club. The determination is available on the DA Tracker on the Council website at: https://datracker.begavalley.nsw.gov.au/application/ApplicationDetails/010.2019.00000115.001/

Attachments

Nil