Coffs Harbour City Council

02 November 2016

 

Ordinary Council Meeting

 

The above meeting will be held in the Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour on:

 

Thursday, 10 November 2016

 

The meeting commences at 5.00pm and your attendance is requested.

 

 

AGENDA

 

1.         Opening of Ordinary Meeting

2.         Acknowledgment of Country

3.         Disclosure of Interest

4.         Apologies

5.         Public Addresses / Public Forum

6.         Mayoral Minute

7.         Mayoral Actions under Delegated Authority

8.         Confirmation of Minutes

9.         Rescission Motion

10.      Notices of Motion - General

11.      General Manager’s Reports

12.      Notices of Motion – Business Services

13.      Directorate Reports – Business Services

14.      Notices of Motion – Sustainable Communities

15.      Directorate Reports – Sustainable Communities

16.      Notices of Motion – Sustainable Infrastructure

17.      Directorate Reports – Sustainable Infrastructure

18.      Trust Reports

19.      Requests for Leave of Absence

20.      Questions On Notice

21.      Matters of an Urgent Nature

22.      Consideration of Confidential Items (if any)

23.      Close of Ordinary Meeting.

 

 

Steve  McGrath

General Manager

 


Ordinary Council Meeting Agenda                                                  10 November 2016

Order of Business  

General Manager's Reports

GM16/20         Video Recording of Council Meetings..................................................... 2

Directorate Reports - Business Services

BS16/37          Environmental Levy Projects Quarterly Report to 30 September 2016...................................................................................................................................... 5

Directorate Reports - Sustainable Communities

SC16/56          Development Application No. 0789/16 - Telecommunications Facility - Lot 1 Sec 53 DP 758258, 36 Edgar Street, Coffs Harbour.......................... 12

SC16/57          Korora - West Sapphire - Moonee Large Lot Residential Investigation Area.......................................................................................................................... 33

SC16/58          2016/17 Community Capital Infrastructure Grants Program - Second Round ................................................................................................................... 111

Notices of Motion Sustainable Infrastructure

NOM16/25      Inclusive Playgrounds................................................................................ 118

Directorate Reports - Sustainable Infrastructure

SI16/39           Acquisition of Land for Reconstruction of Schooners Bridge, 1049-1071 East Bank Road, Nana Glen................................................................ 120

SI16/40           Contract No. RFT-736-TO Fitzroy Clubrooms & Amenities............ 124

Trust Reports

T16/12             TRUST REPORT - Fitzroy Oval Clubrooms & Amenities Funding Allocation .................................................................................................................................. 127   


Ordinary Council Meeting Agenda                                                  10 November 2016

GM16/20      Video Recording of Council Meetings

Author:                        Governance Coordinator

Authoriser:                  General Manager

Coffs Harbour 2030:   LC3 We have strong civic leadership and governance

Attachments:              ATT1  GM16/20  CONFIDENTIAL          Quote 1

Confidential in accordance with Section 10A(2)(d)(i) of the Local Government Act as it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

ATT2  GM16/20  CONFIDENTIAL          Quote 2   

 

EXECUTIVE SUMMARY

On 28 July 2016, Council resolved that “Council staff investigate costs, opportunities and requirements for visual recording of Council meetings in digital format”. Council has sought indicative prices and requirements to provide this service. Council also reviewed the possibility of live streaming audio only.

 

 

Recommendation:

That Council endorse live streaming of audio only for Council Meetings for a period of 12 months and at the end of this period review the listener data to determine the community demand and viability of video streaming.

 

Report

Description of Item:

On 28 July 2016, Council resolved that “Council staff investigate costs, opportunities and requirements for visual recording of Council meetings in digital format”. Council has sought advice and indicative pricing from providers who have installed video streaming for other Councils.

 

There are various options available with the type, quality and methods of visual streaming meetings and a large variation in costs. The live streaming video of council meetings will require the purchase of video and potentially audio equipment to facilitate streaming. The companies that have provided estimates service councils throughout Victoria, New South Wales and Queensland.

 

Enquiries have shown that some Councils (e.g. Clarence Valley) live stream their audio, rather than video, using third-party providers. This option requires very little change to current infrastructure and operational costs and is available as a low cost subscription. It is also possible to monitor the listener statistics.

Issues:

If Council decides to proceed with video streaming of Council meetings an amendment will be required to the Code of Meeting practice.

 

The live visual streaming also has an ongoing monthly cost in addition to the upfront cost. If progressed, this will need to be factored into current and future budgets.

 

During conversations held with one of the providers, they advised that councils that they have supplied generally average 80 views per meeting.  These providers supply councils in NSW, VIC, SA and QLD.

Options:

1.   Proceed with the recommendation to live stream audio only

 

2.   Amend the recommendation to further pursue detailed costings to live stream visual recordings.

 

3.   Continue with the current practice.

Sustainability Assessment:

•     Environment

There are no environmental impacts as a result of this report.

•     Social

There are no social impacts as a result of this report.

•     Civic Leadership

By live streaming meetings, Council is showing civic leadership by providing access to council meetings for anyone who has the internet. This therefore, potentially expands its audience for improved access to Council proceedings.

•     Economic – Broader Economic Implications

To progress immediately to live video streaming will require unbudgeted capital and operational expenditure as detailed in the attached. In summary costs would be approximately:

 

a)   One-off capital expenditure between $15,000 - $42,000

b)   Ongoing operational expenditure of $15,500pa

 

If the resolution is to implement video streaming immediately, this will require a budget adjustment to be made. Alternatively, should Council resolve to implement video streaming towards the end of next calendar year, a budget allocation could be through the 2017/2018 process.

•     Economic Delivery Program/Operational Plan Implications

The installation and associated costs of videoing Council meetings has not been factored in to the current Operational Plan. Therefore, if Council resolves to proceed with live video streaming, the plan will need to be reviewed to allocate funding.

 

Providing audio only will not significantly change Council’s capital or operational costs.

Risk Analysis:

There is a risk that streaming is not turned off during confidential sessions of council as this requires a manual process. Protocols and systems will be required to prevent this.

Consultation:

This is not applicable to this report.

Related Policy, Precedents and / or Statutory Requirements:

At present the Code of Meeting Practice allows for audio recordings to be made available to the community.  If Council decides to proceed with video recording Council meetings the Code of Meeting Practice will require amendments.

Implementation Date / Priority:

As determined by Council

Conclusion:

Council does not have data that indicates the demand for live video streaming of Council Meetings. As live video streaming comes with capital and operational costs, it is recommended to trial live audio streaming for 12 months to determine community demand.

 

  


Ordinary Council Meeting Agenda                                                  10 November 2016

BS16/37       Environmental Levy Projects Quarterly Report to 30 September 2016

Author:                        Grants Administration Officer

Authoriser:                  Director Business Services

Coffs Harbour 2030:   LE1 We share our skills and knowledge to care for our environment

Attachments:              ATT1  BS16/37   Environmental Levy Program Quarterly Project Status Report to 30 September 2016  

 

EXECUTIVE SUMMARY

This report provides Council with a quarterly status update to 30 September 2016 on the projects funded under the Environmental Levy (EL) Program for Council’s consideration and noting.

 

 

Recommendation:

That Council notes the status of the Environmental Levy Program projects as at 30 September 2016 as outlined in the attachment.

 

 

Report

Description of Item:

This report provides an update on the status of the EL Program projects as at 30 September 2016 and a project status report is included as an attachment.

Issues:

There are no issues associated with the report.

Options:

As the report is for noting only, an options analysis is not provided.

Sustainability Assessment:

•     Environment

The EL Program is designed to ensure that environmental strategies as outlined within the Coffs Harbour 2030 Plan “Looking after Our Environment” theme are addressed.  All projects recommended for funding state how they are linked to a Council approved action or priority in a Natural Resource Management strategy or plan.  All recommended projects will result in beneficial outcomes for the environment of the Coffs Harbour Local Government Area (LGA) and some may have positive flow-on impacts outside the LGA.


 

•     Social

Determination of successful projects is based on assessment criteria which includes the following:

·    Generate a community benefit;

·    Be community based, and

·    Protect and / or rehabilitate the natural environment.

•     Civic Leadership

Council’s EL Program seeks to promote sound environmental practices and promotes leadership and involvement in key environmental issues which accords with Council’s strategic theme of “Looking after Our Environment”.

•     Economic – Broader Economic Implications

The EL Program funds environmental projects that would not otherwise be undertaken with revenue funding. For 2016/17 twenty-four submissions were received requesting a total of $1,811,451.

•     Economic – Delivery Program/Operational Plan Implications

The EL Program is funded through a special rate and is accounted for separately. There was $1,285,738 available for the EL projects in 2016/2017, which included income from the EL and a contribution from the Water Fund of $50,000 towards the Orara River works.  Sixteen projects/programs totalling $1,255,153 are included in the Operational Plan with $30,585 held as a matching grants fund.

Risk Analysis:

Each individual project will have individual risk profiles which are considered by the project owners.

Consultation:

Council staff and relevant community groups have contributed individual reports which have been collated to prepare this report.

Related Policy, Precedents and / or Statutory Requirements:

Submissions are assessed in accordance with Council’s Environmental Levy Policy which was adopted on 12 June 1997 and re-adopted on 22 August 2013.  Council receives quarterly reports on the status of EL projects throughout the year.

Implementation Date / Priority:

The EL projects will continue to be monitored to ensure their implementation.

Conclusion:

This report summarises the quarterly status of the EL Program project for Council’s consideration and noting.

 


Ordinary Council Meeting Agenda                                                                            10 November 2016

 

CHCC 1 logo

PROJECT STATUS REPORT

Period Ending 30 September 2016

 

Program Title

Environmental Levy Program

Sponsor

Andrew Beswick

Period Ending

30 September 2016

 

Legend

Status

No Issues – project complete or on schedule

Minor Issues – possible impact on schedule

Major Issues – schedule impacted and escalation required

 

Project

% Complete

Overall Status

Budget Status

Status Comment

Issues

Grants Administration Officer

25%

The 30/6/16 EL report to Council including revotes was finalised and applicants were notified of approval for these revotes.  Quarterly report forms were created for 2016/17 applicants to use and forwarded in time for September reports. The 2016/17 financial spreadsheet for monitoring was created and completed monthly.

 

Matching Grant Funding Pool

25%

A grant application with NSW Environmental Trust was announced successful in June 2016; matching grant fund request of $12,320 supported by the committee in 2015/16 will be provided once grant funds are received in 2016/17.

There have been 3 further requests from this allocation this quarter supported by the committee. They include $15,000 grant approved from Local Government NSW with funds already transferred to the project; $10,000 undetermined from Community Building Partnership Program; and $8,400 undetermined from Habitat Action Grants. If all the applications are approved $5,701 will remain available for future matching grant requests.

 

Project

% Complete

Overall Status

Budget Status

Status Comment

Issues

Renewable Energy for a Sustainable Future: Education and Generation

 

 

 

 

75%

The installation of the solar panels has evoked interest in what renewable energy is and how solar panels capture the energy from the sun and power electricity we consume at Possums' Den. The children have used play to help them understand these concepts and often build houses with construction equipment complete with solar panels. They have looked at the actual solar panels during the day and noticed how they face the sun. Also in small groups the children have observed the aerial photographs to stimulate conversation about renewable energy and the benefits for our environment now and in the future. Possums' Den is proud to have moved to renewable energy and as a community organisation we are in the position to influence many families to consider solar energy.

 

Conservation & Sustainable Management of Biodiversity

25%

Rural Fire Services has been sent a revised bush fire prone vegetation mapping layer for review; consultation with land holders where trees have been nominated for listing on the significant tree register has commenced; and a review of the actions in the Biodiversity Action Strategy has commenced. Six Tree Permit applications have been received this quarter with three approved by the Development Assessment area. There were eight reported tree clearing incidents which required investigation with two matters which are being investigated with a view to court action being initiated. The front office provides basic information to customers around the tree permit process; approximately 30% of customer enquiries are resolved at the first point of contact.  This percentage will increase once training planned for mid-October is undertaken.

 

Community Sustainable Living Program

25%

Fifteen Coffs Ambassadors Tours were run during the winter program with a total of 155 people attending tours. Post tour surveys revealed 100% of participants rated the tour either very good or excellent; Green Schools Sustainability Grants are due to open 25 October. All documentation has been reviewed and updated and letters prepared to invite schools & centres to participate; A Sustainable Schools Network Meeting was held with 16 representatives from local schools, preschools and childcare centres. The focus of the meeting was on Recycling, with a guest presenter from Coffs Coast Waste Services providing valuable information and answering questions of attendees - peer discussion and sharing of success stories & strategies was also very highly regarded; The Our Living Coast Sustainability Road show collaborative project between Coffs, Bellingen & Nambucca councils has been developed together, with shared workshop program finalised, marketing developed and promotion underway;   The Living Lightly Community Fair has been developed in partnership with Coffs Regional Community Gardens, which is a new collaboration. Planning of the fair is well underway, with plans to run concurrent sustainability workshops, stalls, children’s activities and entertainment. It is a new event replacing the previous years' sustainability festival.  It has been developed with greater emphasis on hands-on activity and grass-roots community involvement in response to budgetary constraints and community feedback.

 

Green School Sustainability Fund – Revote 15/16

25%

The last 1516 school grant project is still outstanding. The school has advised the project is more complicated than anticipated; however, they are making good progress and anticipate having their project completed by 9 December 2016.

.

Project

% Complete

Overall Status

Budget Status

Status Comment

Issues

Culturally Significant Landscapes of the CH LGA

15%

In June 2016 Council signed a Memorandum of Understanding with NSW Office of Environment and Heritage. Outcomes will allow for a review of the current planning processes within Council relating to Aboriginal Cultural Heritage and the development of a planning and assessment toolkit to improve these processes including mapping and development assessment recommendations. The project has commenced and consultation with the local Aboriginal community has begun.

 

Orara River Restoration Project

15%

Twenty-three properties were worked on this quarter with 323 trees planted across 4 properties; and weed control and regeneration works completed across 21 properties covering a total of 42.95 hectares. Four of eight land management agreements have been negotiated. Tropical Soda Apple has been found on five properties with the control work just commencing for this weed.

 

Non-Lethal Management of CH Kangaroos by Fertility Control

10%

Commencement of the project has been delayed by a combination of factors, including the late announcement of grants and because the chief investigator has only just returned from maternity leave. Now that the CI has returned to full time work, the project should proceed as outlined above and is on target to meet all objectives, perhaps with some carry-over into the September quarter 2017. In addition, a full time PhD student will also be working on the project, which will provide significant value-adding for the Council.

Most components are due to commence in November 2017 once ethics and licence approvals have been finalised.

Water Quality Assessment of Bucca Bucca Creek

20%

SCU have recruited an Honour’s student and carried out an initial baseline sampling of 40 sites along Bucca Bucca Creek. These samples have been analysed for nutrients through SCU's laboratory, with the results guiding the design of the repeat sampling to be conducted from December 2016. At this stage there has been no expenditure, however SCU will invoice CHCC for the honour’s student and associated costs in the next month.

 

Community Awareness, Education and Engagement about Kangaroos

15%

A project manager from National Parks and Wildlife Services (NPWS) has been appointed to plan and manage the project. A planning meeting was undertaken with NPWS specialist staff to research and design communication materials.  Content for a school education program has been completed, to be refined prior to delivery. No EL funds have been spent to date, only NPWS in-kind support.

 

Incentives & Training for Environmental Sustainability in Horticulture

20%

Four project sites / farms have been identified to date and engagement with farmers has taken place recently. It is too early to report outcomes at this stage but we have prepared a project plan, continue to work with our soil conservation consultant and have built important relationships with local blueberry farmers from where we can expand. The project has been promoted through one media release, one Landcare newsletter and at one field day.

 

Arrawarra Creek Coastal Zone Management Plan

45%

WBM have completed and submitted a draft Coastal Zone Management Study (or Estuary Management Study) report – this includes the Condition and Processes Study component. The report has been reviewed by Council and NSW Office of Environment and Heritage. Comments to be provided to consultant mid-October for finalisation and progression with Coastal Zone Management Plan component.

 

Project

% Complete

Overall Status

Budget Status

Status Comment

Issues

Bush Regeneration

28%

Bushland weed control works targeting priority weeds were undertaken across fourteen reserves in Sawtell, Coffs Harbour and Woolgoolga.  1,390 native plants were planted with all works undertaken to industry standard. Inspections were undertaken across all reserves where weed control works were undertaken in the first quarter.  Weed infestations control was targeted to priority species and reserves.

 

Environmental Weeds

26%

Vine weeds were targeted in six reserves and Pine Tree removal undertaken in one reserve.  160 native plants were planted with all works to industry standard.  Inspections were undertaken across all reserves where weed control works were undertaken in the first quarter.  Weed infestations control was actioned on targeted species and reserves.

 

Koala / Wildlife Corridor Bakker Drv Res Stage 4

10%

Machinery to remove Camphor trees has been booked to commence in October; this was delayed but won't affect the project completion date. Mulch will be spread following the removal of the Camphor’s then the ground can be prepared for planting. Plants will be planted during two working bees as weather permits.

Project completion date is not expected to be affected.

Restore the Natural Environment of the Jetty Foreshores

30%

After last years concerted effort to control turkey rhubarb volunteers have been encouraged by the reduction in new emerging plants and are continuing under supervision, to systematically remove mature tubers well before seeding begins in summer. The aim is to have this weed under control before the emergence of glory lily usually around November. The repositioning of the skip bin closer to the residence at Happy Valley (due to infrastructure depot) has resulted in a huge reduction to illegal dumping in this area. The lock has remained intact this time and has meant that only dune care waste goes in the skip. This means much less frequent emptying.

 

Restore the Natural Environment of Boambee Beach

15%

The site is looking very healthy after a wet winter with little weed yet to re-emerge on the northern quarter. Only small patches of weed grass and some re-emerging corky passion fruit currently need any work on this area. The challenge now is to get volunteers’ access to the areas needing attention as they get further and further south. By the end of this quarter we will have a good idea of how successful last season’s efforts to control the glory lily were as it begins to re-emerge. This weed has taken the majority of our efforts to manage slowing our progress into the southern end of the site, some of which is yet to receive even any primary work.

 

North Coast Regional Botanic Garden Education Officer

25%

Five children adventure/explore sessions were delivered during the September/October school holidays along with three school holiday programs. Two of these were specifically for pre-school and primary age children that involved a discovery garden walk. These programs were well attended with up to 16 in one group. The opening of the revamped Early Settlers Walk was a great morning celebrated with damper, billy tea, campfire, music, and a walk through the actual walk. This was also well attended by approximately 40 residents of all ages.

 

Woolgoolga Beach Rehabilitation Project

10%

The beach has been monitored and surveyed, there has been erosion of the dune area to the east of the boat ramp and very little sand deposited in the area required for the scrape. Action is to meet with OEH on site to seek their advice on the project.

Action is to meet with OEH on site to seek their advice on the project.

 

Prepared by Program Officer:

Name:      Katrina O’Connell                                                               Date:  28 October 2016

 

 


Ordinary Council Meeting Agenda                                                  10 November 2016

SC16/56       Development Application No. 0789/16 - Telecommunications Facility - Lot 1 Sec 53 DP 758258, 36 Edgar Street, Coffs Harbour

Author:                        Development Assessment Officer

Authoriser:                  Director Sustainable Communities

Coffs Harbour 2030:   PL1 Our infrastructure and urban development is designed for sustainable living

Attachments:              ATT1  SC16/56   Development Application 0789/16 - Section 79C

ATT2  SC16/56   Development Application 0789/16 - Proposed Plans

ATT3  SC16/56   Development Application 0789/16 - Draft Conditions

ATT4  SC16/56   CONFIDENTIAL          Development Application 0789/16 - Submissions

Confidential in accordance with Section 10A(2)(e) of the Local Government Act as it contains information that would, if disclosed, prejudice the maintenance of law.  

 

EXECUTIVE SUMMARY

This report provides an assessment of Development Application 0789/16 for the erection of a 25m high free standing monopole at Lot 1, Sec 54, DP 758258, No. 36 Edgar Street, Coffs Harbour.

The development proposes variation to the height standard specified under Coffs Harbour Local Environmental Plan 2013.

Accordingly, this matter is reported to Council for determination as the proposal incorporates a variation greater than 10% to the specified height standard.  This matter is also reported to Council due to significant public interest and community input being expressed. A total of 33 individual submissions, 3 petitions (273 signatures) and 9 pro forma letters (133 copies) were received during the public exhibition period.

 

Recommendation:

That Council:

1.   Support the request to vary a development standard made pursuant to Clause 4.6 of Coffs Harbour Local Environmental Plan 2013 for the variation to the maximum building height under Clause 4.3(2) of Coffs Harbour Local Environmental Plan 2013 in this particular case.

2.   Approve Development Application No. 0789/16 for a 25m high telecommunications pole at Lot 1 Sec 54, DP 758258, No. 36 Edgar Street, Coffs Harbour, subject to the conditions provided in Attachment 3.

 

REPORT:

Description of Item:

The site is identified as Lot 1, Sec 54, DP 758258, No. 36 Edgar Street, Coffs Harbour. It is a Crown reserve, which is generally used as public open space. The site is zoned RE1 Public Recreation pursuant to Coffs Harbour Local Environmental Plan 2013. The site has three public road frontages and can be accessed from Edgar Street, Orlando Street and Collins Lane. 

The development comprises the installation of a telecommunications base station in place of a light pole at ‘Jetty Park’. It will be a 25m high pole and includes the placement of six (6) antennas near the top of the pole. An equipment shelter is also proposed (3.2m X 2.2m) at the base of the pole. The new structure will replace an existing 16m high light pole. The purpose of the telecommunications facility is to relieve capacity from a nearby telecommunications facility which will improve the quality of telecommunications services in Coffs Harbour. 

Issues:

At its meeting of 22 August 2013, Council adopted a Development Applications - Consideration by Council Policy which outlined:

That development applications for approval involving substantial aspects of the following elements be referred to Council for determination:

-      Significant public interest and community input;

-      Substantial non-compliance with relevant strategic controls;

-      Significant land use;

-      Major environmental issue(s);

This application proposes a variation to the height of buildings development standard specified in Coffs Harbour Local Environmental Plan 2013.  The 25m high freestanding monopole is to replace an existing 16m high light pole in the same location.  An 8.5m height control applies to the site. 

In November 2008, the then Department of Planning (DoP) issued a Planning Circular outlining new requirements in relation to the determination and reporting of development applications involving variations to development standards. The circular specifies that all applications which propose a variation greater than 10% in standards under State Environmental Planning Policy No.1 – Development Standards or clause 4.6 of the Standard Instrument be determined by full Council rather than under delegated authority.

This matter is also reported to Council due to significant public interest and community input being expressed. A total of 33 individual submissions, 3 petitions (273 signatures) and 9 pro forma letters (133 copies) were received during the public exhibition period.

Assessment of the relevant issues is detailed within Attachment 1 of this report.

Options:

1.   Adopt the recommendation thereby granting consent to the application, subject to conditions.

2.   Reject the recommendation and list reasons for refusal of the application.

Sustainability Assessment:

•     Environment

The proposed development will not result in any significant environmental impacts in the locality.

•     Social

The proposed development will not result in any significant social impacts in the locality.

•     Civic Leadership

Council has a statutory role in assessment of development applications in accordance with the Environmental Planning and Assessment Act and Regulations. This report and the recommendation will assist Council in carrying out this role.

•     Economic – Broader Economic Implications

There are no broader economic implications resulting from the proposed development.

•     Economic - Delivery Program/Operational Plan Implications

There are no implications for Council’s Delivery Program / Operational Plan resulting from the proposal.

Risk Analysis:

It is considered that approval of the development application as recommended does not pose a significant risk to Council.

Consultation:

The application was publicly advertised and notified to adjoining landowners between 14 July and 27 July 2016. A total of 33 individual submissions, 3 petitions (273 signatures) and 9 pro forma letters (133 copies) were received during the public exhibition period.

A copy of the submissions is a confidential attachment to this report (Attachment 4) as the submission may contain personal or private information or other considerations against disclosure as prescribed under the Government Information (Public Access) Act 2009.

Related Policy, Precedents and / or Statutory Requirements:

·    Mid North Coast Regional Strategy

The Mid North Coast Regional Strategy is primarily an overarching strategic planning document which guides Councils in setting regional parameters for future strategic planning. While the strategy is a related policy document, it is important to note that the strategy does not incorporate any planning controls which would have any implications when considering the proposed development. The proposed development is permissible with development consent in the zone.

·    Statutory Planning Controls

The statutory instruments relevant to the development include the following:

-    Telecommunications Act, 1997

-    State Environmental Planning Policy (Infrastructure) 2007

-    State Environmental Planning Policy No. 71 – Coastal Protection

-    Coffs Harbour Local Environmental Plan 2013

-    Coffs Harbour Development Control Plan 2015

Each of these statutory instruments is considered in detail within Attachment 1 of this report.

Implementation Date / Priority:

In the event that Council adopts the recommendation, a formal notice of determination will be issued for the development application. A formal notice of determination is valid for five years and the applicant can act on the development consent at any time within that period, subject to meeting any relevant conditions of the consent.

Conclusion:

A comprehensive assessment of the application has been undertaken in accordance with all statutory requirements and it is recommended that the application be approved subject to a number of conditions.

 


Ordinary Council Meeting Agenda                                                    10 November 2016


 


 


 


 


 


 


 


 


Ordinary Council Meeting Agenda                                                                            10 November 2016


 


 


 


 


Ordinary Council Meeting Agenda                                                    10 November 2016


 


 


Ordinary Council Meeting Agenda                                                  10 November 2016

SC16/57       Korora - West Sapphire - Moonee Large Lot Residential Investigation Area

Author:                        Urban Planner / Designer

Authoriser:                  Director Sustainable Communities

Coffs Harbour 2030:   PL1 Our infrastructure and urban development is designed for sustainable living

Attachments:              ATT1  SC16/57   Korora - West Sapphire - Moonee Large Lot Residential Investigation Area: Environmental Studies

ATT2  SC16/57   Review of Estimated Lot Yields and Development Costs - KWSM Investigation Area

ATT3  SC16/57   Planning Proposal: Korora Basin

ATT4  SC16/57   Draft Coffs Harbour DCP 2015 Chapter G7 Korora Large Lot Residential Special Area Controls

ATT5  SC16/57   Draft Korora Large Lot Residential Developer Contributions Plan 2016  

 

EXECUTIVE SUMMARY

The purpose of this report is to present to Council Environmental Studies for the Korora – West Sapphire – Moonee (KWSM) Investigation Area and to make recommendations in relation to appropriate future land use zones within the KWSM Investigation Area based on findings of the Environmental Studies.

In July 2013, Council resolved to allocate $150,000 from the 2014/15 budget to fund an Environmental Study for the West Sapphire, West Korora and Moonee candidate areas identified in Coffs Harbour Local Growth Management Strategy - Rural Residential Component 2009. Subsequent to that resolution, Council engaged consultants EcoLogical Australia Pty Ltd to prepare Environmental Studies, including economic feasibilities, which have now been completed.

The overall KWSM Investigation Area was divided into five distinct precincts for analysis, being:

          Precinct 1:           Korora Basin;

          Precinct 2:           Tiki Road;

          Precinct 3:           Maccues Road;

          Precinct 4:           Wakelands Road/Fairview Road/Sugarmill Road; and

          Precinct 5:           Gaudrons Road/The Mountain Way.

The consultant report (Ecological Australia 2016 - Attachment 1) presents an analysis of the five precincts within the KWSM Investigation Area, assessing their suitability for rezoning for large lot residential purposes. The economic estimates and feasibilities contained within the consultant report were comprehensively tested and reviewed by Council, including site inspections of each precinct, assessment of construction standards for access roads and relevant environmental constraints (Attachment 2).

This testing has confirmed that a 16 hectare pocket of residue land in Precinct 1 is viable for rezoning for large lot residential purposes. Precinct 2 is significantly environmentally constrained and is not viable for rezoning. Precincts 3-5 have been found to be environmentally constrained and  economically unviable for rezoning due to projected infrastructure costs associated with road upgrades, which would also require Council to acquire private roads in some circumstances for upgrading and maintenance. Development in Precincts 3-5 is also estimated to be well in excess of the statutory capped limit of $30,000 that is allowable for Section 94 Developer Contributions.


 

This report recommends that Council take a strategic approach to the release of land for large lot residential purposes, in accordance with the 2030 Plan which aims to achieve sustainable living. It recommends that Council does not proceed with rezoning of precincts within the KWSM Investigation Area which are environmentally and economically unviable and which would carry significant financial risks to Council.

As such, this report recommends that Council only proceed with progression of a Planning Proposal for the rezoning of part of Precinct 1 – being 16 hectares of residue rural land within the Korora Basin, from RU2 Rural Landscape to R5 Large Lot Residential zone under the provisions of Coffs Harbour Local Environmental Plan (LEP) 2013. This recommendation involves seeking a Gateway Determination from the NSW Department of Planning and Environment (P&E) to allow Council to place the Planning Proposal (Attachment 3) on exhibition. This recommendation also includes seeking Council’s endorsement to exhibit amendments to Coffs Harbour Development Control Plan 2015 Chapter G7 Korora Large Lot Residential Special Area Controls (Attachment 4) and to exhibit a draft Korora Large Lot Residential Area Developer Contributions Plan 2016 (Attachment 5), both of which need to accompany amendments to Coffs Harbour LEP 2013. It is also recommended that Council considers the outcome of exhibition in a future Council report.

 

Recommendation:

That Council:

1.   Note the findings of the Korora – West Sapphire – Moonee Large Lot Residential Investigation Area Environmental Studies (Attachment 1) and findings of the Review of Estimated Lot Yields and Development Costs for the Korora – West Sapphire – Moonee Investigation Area (Attachment 2).

2.   Endorse and forward the Environmental Studies (Attachment 1) and Planning Proposal (Attachment 3) for rezoning part of Precinct 1 (Korora Basin) from RU2 Rural Landscape to R5 Large Lot Residential to NSW Planning and Environment seeking a ‘Gateway Determination’, to place the Korora Basin Planning Proposal on public exhibition.

3.   Place draft Chapter G7 Korora Large Lot Residential Special Area Controls of Coffs Harbour Development Control Plan 2015 (Attachment 4) on public exhibition, concurrently with the Planning Proposal and Environmental Studies.

4.   Place draft Korora Large Lot Residential Area Developer Contributions Plan 2016 (Attachment 5) on public exhibition, concurrently with the Planning Proposal and Environmental Studies.

5.   Consider a further report, outlining the outcomes of the public exhibition of the Korora Basin Large Lot Residential Planning Proposal, Development Control Plan and Contributions Plan.

6.   Not proceed with the rezoning of any land within Precinct 2 (Tiki Road) due to prevailing environmental constraints identified within the Environmental Studies for the Korora – West Sapphire – Moonee Investigation Area (Attachment 1).

7.   Not proceed with the rezoning of any land within Precinct 3 (Maccues Road), Precinct 4 (Wakelands Road/Fairview Road/Sugarmill Road), or Precinct 5 (Gaudrons Road/The Mountain Way) due to prevailing environmental and economic constraints identified within the Environmental Studies (Attachment 1) and findings of the Review of Estimated Lot Yields and Development Costs for the Korora – West Sapphire – Moonee Investigation Area (Attachment 2).

8.   Inform landowners within each of the precincts of Council’s decision.

 

Report

Description of Item:

Council endorsed its Local Growth Management Strategy - Rural Residential Component on 26 November 2009, with the following resolutions:

1.    That Council adopt the revised Rural Residential Strategy 2009 as provided under separate cover to the Councillors, and endorse Bonville as the Priority Release area.

2.    That the revised Rural Residential Strategy 2009 be progressed to the Department of Planning for endorsement as an agreed strategy.

3.    Upon Department of Planning’s endorsement of the Strategy, Council place an advertisement to notify the community of the status of the Strategy.

4.    That any LEP amendment process undertaken in accordance with the Rural Residential Strategy include a sunset clause limiting the rezoning to a set timeframe of five years.

5.    The Rural Residential Strategy 2009 be reviewed either:

·     upon completion of the Sapphire to Arrawarra Pacific Highway Upgrade; or

·     when the Census data from 2011 is made available by the ABS; or

·     in five years’ time when the sunset clause becomes effective

whichever occurs first.

6.    That Council inform all submissions writers of Council’s decision.

 

At its meeting of 25 July 2013, Council further resolved that:

Council forward allocate the sum of $150,000 from the 2014/15 budget for the purpose of a Local Environment Study for the West Sapphire, West Kororo and Moonee areas.

Subsequent to this resolution, Council endorsed a Tender Brief to prepare Environmental Studies for the KWSM Investigation Area on 27 November 2014. Such resolution is as follows:

1.   That Council endorse the attached Tender Brief for the preparation of environmental studies and associated planning documents for the Korora, West Sapphire, Moonee Large Lot Residential Investigation Area.

2.   The landholders within the Korora, West Sapphire, Moonee Large Lot Residential  Investigation Area be advised of Council’s decision on this matter.

3.   A further report be presented to Council regarding the outcome of the Tender process.

 

The Tender Brief was advertised in accordance with the Local Government (General) Regulations 2005 (Section 7 – Tendering). On 14 May 2015, Council accepted the tender and engaged consultants EcoLogical Australia to undertake Environmental Studies to inform a Planning Proposal for the KWSM Investigation Area. The environmental studies have now been completed and are presented for Council’s consideration (Attachment 1).

 

The Investigation Area

 

The KWSM Investigation Area is located north of Coffs Harbour (approximately 9 kilometres from Coffs Harbour CBD) and consists of the candidate area as identified in the Coffs Harbour Local Growth Management Strategy - Rural Residential Component 2009. A map of the KWSM Investigation Area and the current zoning under Coffs Harbour LEP 2013 is shown in Figure 1.

FIGURE 1 – KWSM Investigation Area and Existing Zones under Coffs Harbour LEP 2013.

 

The KWSM Investigation Area has been divided into separate precincts for analysis. These precincts are mapped and discussed in more detail in the Issues section of this report, and are as follows:

-      Precinct 1 - Korora Basin;

-      Precinct 2 - Tiki Road;

-      Precinct 3 - Maccues Road;

-      Precinct 4 - Wakelands Road/Fairview Road/Sugarmill Road; and

-      Precinct 5 - Gaudrons Road/The Mountain Way.

 

The current land uses in the KWSM Investigation Area include agriculture (primarily banana and blueberry cultivation) and small lots of two to six hectares in area, which are currently used for residential purposes but do not support agricultural enterprises.

The Korora Basin is an existing large lot residential precinct which was zoned for that purpose in February 2004, and which has already been substantially subdivided into 1 and 2 hectare lots. This precinct is accessed from the Pacific Highway via Korora Basin Road, West Korora Road and Old Coast Road. Part of the Korora Basin precinct (adjacent to the Pacific Highway) was deferred from the 2004 rezoning process as the finalised alignment of the Pacific Highway Bypass had not been determined at that time. The highway location has since been finalised by NSW Roads and Maritime Services (RMS), and the Pacific Highway Corridor has been rezoned accordingly under Coffs Harbour LEP 2013.

Issues:

Strategy Timeframes

The KWSM Investigation Area is a Council endorsed candidate area identified in the Coffs Harbour Local Growth Management Strategy - Rural Residential Component 2009 (LGMS Rural Residential Strategy 2009). It was identified as Stage 2 with a 2019 timeframe for investigation.

At its meeting of 25 July 2013, Council resolved to undertake Environmental Studies for the KSWM Investigation Area in advance of the timeframe within the LGMS Rural Residential Component 2009. As such, rezoning land within the KWSM Investigation Area is inconsistent with Council’s adopted Strategy. However, the completion of the Pacific Highway Upgrade in this location means that the timing constraints associated with the investigation have been removed.

Strategic Overview

A review of Council’s Local Growth Management Strategy is currently underway. On 19 March 2015, Council endorsed the findings of the Local Growth Management Strategy Review Stage 1 – Land Capacity Assessment Audit 2014 and Issues Report. That report provided a snapshot to Council of land capacity (supply and demand) by zone type, for the Local Government Area (LGA).

That report made the following recommendations with regard to the provision of Large Lot Residential zoned lands (rural residential):

·      that, in the short term, no further land be rezoned for rural residential purposes given the ample supply that presently exists; this recommendation acknowledges that land identified in Bonville (Stage 1 of the Rural Residential Component 2009) is presently being investigated for rural residential purposes and is likely to result in excess of 400 hectares of land being rezoned for this purpose.

·      that the one hectare minimum lot size be retained on the basis that this standard is the major contributor to the creation of a semi-rural ambience within rural residential areas; that it provides sufficient area to properly manage environmental constraints and cater for effluent treatment and disposal; is a readily understood standard for both the community and development industry; and, is practical for administrative purposes (determining lot yields, monitoring take up rates and setting staging programs).

 

Detailed environmental and economic studies are now being completed for the Bonville Large Lot Residential Investigation Area, and are due to be reported to Council this year. These studies have estimated that a total of approximately 340 lots can be realised within the Bonville study area, with draft S94 Developer Contributions estimated at broadly between $8,000 and $24,000 per new allotment. This represents a 10 year supply of lots to the market, based on existing takeup rates and lot yields of 35 lots per annum for the LGA, which were identified in Council’s Land Capacity Audit 2014.

This report recommends that Council take a strategic approach to the release of land for large lot residential purposes, in accordance with the 2030 Plan which aims to achieve sustainable living. It recommends that Council does not proceed with rezoning of precincts within the KWSM Investigation Area which are environmentally and economically unviable and which would carry significant financial risks to Council.

Environmental Findings

The Environmental Studies undertaken for the KWSM Investigation Area (Attachment 1) comprise a review of environmental constraints within each of the five precincts including: biodiversity values, flood hazard, acoustics, potential acid sulfate soils, steep land, geotechnical stability, landslide risks, contaminated land and pesticide residue, bushfire hazard, traffic movement, vehicular access, servicing, visual issues and European heritage and Aboriginal cultural heritage values. Attachment 1 identifies land which is environmentally constrained in each precinct and which land is suitable for large lot residential development. It also makes recommendations on minimum lot sizes based on environmental constraints.

Precinct 2 – Tiki Road has been found to be significantly environmentally constrained, to the extent that it is not recommended for consideration for rezoning for large lot residential purposes.

As part of the Pacific bypass project, the NSW Roads and Maritime Services (RMS) proposes a major interchange at the intersection of Bruxner Park Road, the existing Pacific Highway and the future Pacific Highway.The Environmental Studies include a comprehensive Acoustic Assessment (Attachment 1 – Appendix E) which addresses potential acoustic impacts, based on post-construction noise levels.

Economic Feasibility

The consultant report (Ecological Australia 2016 - Attachment 1) also included an engineering and economic feasibility analysis for future development of each precinct within the KWSM Investigation Area for large lot residential purposes. This analysis determined that future subdivision potential is limited by the existing subdivision pattern, location of existing dwellings, topography of the land; the minimum road standard required to meet Council’s standards for access to new large lot residential subdivisions and the associated cost of upgrading roads to Council’s standards. While infrastructure such as reticulated water and sewer services are not required to service large lot residential development, the potential increase in dwellings and population would require the construction of new roads and the upgrading of existing major access roads.

The environmental and economic feasibility findings within the Environmental Studies have been comprehensively reviewed by Council. Anticipated lot yields and cost estimates have been revised as a result of further review and analysis for individual precincts and are outlined in Attachment 2.

This review process (Attachment 2) has confirmed that a small pocket of residue land in Precinct 1 - Korora Basin is viable for rezoning for large lot residential purposes. Precinct 2 was confirmed as being environmentally constrained and not viable for rezoning. Precincts 3-5 have been assessed and are considered as environmentally constrained and  economically unviable for rezoning due to projected infrastructure costs associated with road upgrades, which would also require Council to acquire private roads for upgrading and maintenance.


 

Development in Precincts 3-5 is estimated to be well in excess of the $30,000 statutory capped limit allowable for Section 94 Developer Contributions, with estimates of $40,054 (Precinct 3 – Maccues Road), $101,855 (Precinct 4 - Wakelands Road/Fairview Road/Sugarmill Road) and $90,420 (Precinct 5 - Gaudrons Road/The Mountain Way - not including land acquisition or forward funding costs) per new allotment, with a total estimated lot yield of just 75 lots across the 3 precincts if the rezoning were to proceed (representing a three year supply). By way of comparison, the draft Bonville Large Lot Residential Investigation Area (to be reported to Council this year) is likely to achieve approximately 340 lots, with draft S94 Developer Contributions estimated at broadly between $8,000 and $24,000 per new allotment, representing a 10 year supply of lots to the market.

Expected Lot Yield

After environmental considerations and economic feasibilities have been taken into account as per Attachment 2, a maximum potential lot yield of 173 lots is expected within the KWSM Investigation Area (refer Figure 2). This is based on 11 additional lots within Precinct 1 - Korora Basin residue area as detailed in the Korora Basin residue land Planning Proposal (Attachment 3) together with 162 potential lots within the existing zoned Korora Basin lands.

This estimate does not include large lot residential subdivisions which have already been created in the Korora Basin since the initial rezoning of the land in 2004.

FIGURE 2 – KWSM Investigation Area Precincts and Potential Additional Lot Yields.

 

Recommendations for Individual Precincts

·      PRECINCT 1 – KORORA BASIN

Precinct 1 is located west of the Pacific Highway and is known as the Korora Basin. The majority of the Korora Basin was rezoned for large lot residential purposes in 2004. Land in the southern part of the Korora Basin (adjacent to the Pacific Highway bypass corridor) was deferred from the 2004 rezoning process as the final alignment of the Pacific Highway Bypass had not been determined by the RMS at that time. The highway location has since been finalised by the RMS and the Pacific Highway Bypass Corridor has been rezoned accordingly under Coffs Harbour LEP 2013.

Amendment to Coffs Harbour Local Environmental Plan 2013

This report recommends that Council progress a Planning Proposal with a view to rezoning a residue part of the Korora Basin precinct from RU2 Rural Landscape to R5 Large Lot Residential under the provisions of Coffs Harbour LEP 2013, where it has been identified as suitable for that use. This constitutes approximately 16 hectares of land, which would support a yield of 11 new large lot residential allotments.

The land is accessed by Bruxner Park Road and there are no significant environmental constraints which apply to the land. The current condition of the access roads (Pacific Highway and Bruxner Park Road) are of sufficient standard for the rezoning of this precinct to progress. Funding for upgrading of infrastructure can be levied to applicants under the provisions of Council’s existing Korora Rural Residential Contributions Plan.

This report seeks Council’s approval to seek a ‘Gateway Determination’ from NSW Planning and Environment to allow Council to place the Planning Proposal (Attachment 3) on exhibition. Maps which illustrate the current and proposed Land Use Zones are shown in Figure 3.

          

FIGURE 3 – Current and proposed Land Use Zones within Precinct 1 – Korora Basin.

 

Attachment 3 contains justification for the proposed rezoning and details of the proposed mapping amendments to Coffs Harbour LEP 2013. It is proposed to amend both the Land Zoning Map from RU2 Rural Landscape to R5 Large Lot Residential and the Lot Size Map from Category AB (minimum lot size 40 hectares) to Category Y (1 hectare).

The RMS proposes a major interchange at the intersection of Bruxner Park Road, the existing Pacific Highway, and the future Pacific Highway bypass at such a time when construction of the bypass commences. While this construction will occur adjacent to the land subject to this Planning Proposal and may cause temporary impacts (i.e. noise and dust), it is considered that a large lot residential land use is appropriate in the long term. The Planning Proposal is supported by a comprehensive Acoustic Assessment (Attachment 1 – Appendix E). If this Planning Proposal progresses, it is expected that Council will be consulting with RMS regarding potential impacts upon the land with respect to the proposed Pacific Highway bypass.

Amendment to Coffs Harbour Development Control Plan 2015.

Development in the R5 Large Lot Residential zone is subject to the provisions of Chapter D4 - Rural and Large Lot Residential Development and Chapter G7 of Coffs Harbour DCP 2015 which contains special area controls, including a Masterplan for the Korora Basin.

While no amendment is proposed to the planning controls contained within Chapter D4 or G7 of Coffs Harbour DCP 2015, it is necessary to amended the Korora Large Lot Residential Masterplan and Korora Large Lot Residential Minimum Target Lot Yield Map. In this regard, this report seeks Council’s endorsement to exhibit amendments to draft Chapter G7 Korora Large Lot Residential of Coffs Harbour DCP 2015 (Attachment 4).

Amendment to Draft Korora Rural Residential Developer Contributions Plan

Costs levied to new developments in the Korora Basin (estimated at 11 additional allotments for the land proposed to be rezoned) are subject to Council’s adopted Korora Rural Residential Developer Contributions Plan (CP) 2015, which are currently levied at $20,582.41 per Lot or Large Dwelling.

The estimated costs of infrastructure upgrades within the Korora Basin have been revised based on the condition of existing infrastructure and the revised estimated lot yield if Council were to proceed with the proposed rezoning of the residue land in Precinct 1 - Korora Basin. A revised summary of Developer Contributions is shown below.

Service/Facility

Net Cost to be Levied

$

Per Person

 

$

Per Lot / Large Dwelling

$

Per Small Dwelling

$

Transport and Traffic

2,762,663

6,141.98

15,969.15

11,178.41

Bush Fire Equipment

89,973

200.03

520.08

364.06

Urban Planning

188,999

420.18

1,092.48

764.74

Total Contribution

3,041,635

6,762.19

17,581.71

12,307.21

Summary of Contribution Rates – Draft Korora Basin Large Lot Residential CP

If Council were to proceed with the rezoning of the residue land in Precinct 1 – Korora Basin, it would be necessary for Council to also exhibit the draft Korora Rural Residential Area Developer Contributions Plan 2016 as provided within Attachment 5 of this report. The Korora Rural Residential Release Area Map and Traffic and Transport Strategy Map within the draft Contributions Plan have also been amended to include the land proposed to be rezoned.

This report also recommends that Council consider the outcome of exhibition of the Korora Basin Planning Proposal (Attachment 3), draft Chapter G7 of DCP 2015 (Attachment 4) and the draft CP (Attachment 5) in a future report to Council.

·      PRECINCT 2 – TIKI ROAD

The Tiki Road precinct is located east of the Pacific Highway and is accessed by Tiki Road (from Solitary Islands Way) which is a privately maintained right-of-carriageway.

The Environmental Studies (Attachment 1) determined that the Tiki Road Precinct is subject to numerous environmental constraints including:

-     Flood Prone Land (the entire precinct is identified as being within the 1 in 100 year flood extent or within the Flood Planning Area);

-     Potential Acid Sulfate Soils (Classes 3 and 4);

-     Secondary Koala Habitat (Coffs Harbour Koala Plan of Management 1999);

-     Bush Fire Prone Land (Category 1); and

-     Coastal Hazards.

In addition to the environmental constraints, the status of Tiki Road as a privately maintained right-of-carriageway would require acquisition to become recognised as a public road and upgraded to large lot residential construction standard, if Council were to amend the zone in this location. In this regard, this precinct is considered to be significantly affected by environmental constraints and is therefore not recommended to be rezoned for Large Lot Residential purposes.

·      PRECINCT 3 – MACCUES ROAD

The Maccues Road precinct is located west of the Pacific Highway and is accessed by Maccues Road (from Solitary Islands Way).

Council has undertaken a review of environmental and economic factors, including estimated lot yields and development costs for the Maccues Road precinct (Attachment 2). This review comprised an analysis of the existing condition of Maccues Road, topography and biodiversity values. It has determined a realistic potential yield of 23 large lot residential allotments (minimum lot size 1 hectare) within the Maccues Road precinct. An upgrade of approximately 600 metres of Maccues Road would be required to comply with Council’s large lot residential construction standards for roads. This upgrade cost is estimated at $921,244 (including allowances for design costs and planning studies). It has been estimated that the resulting Developer Contributions would be approximately $40,054 per new allotment, if Council were to support a rezoning of the land.

Pursuant to Section 94 of the EP&A Act 1979 and Regulation, Council cannot levy developer contributions to applicants which exceed $30,000 per new lot unless approval is obtained from the Independent Pricing and Regulatory Tribunal (IPART).

On the basis of the environmental and economic constraints within this precinct it is recommended that land within Precinct 3 - Maccues Road is not rezoned for large lot residential purposes.

·      PRECINCT 4 – WAKELANDS ROAD / FAIRVIEW ROAD / SUGARMILL ROAD

The Wakeland Road / Fairview Road / Sugarmill Road precinct is located west of the Pacific Highway, south of Precinct 3, and is accessed by Wakelands Road and Sugarmill Road (from Solitary Islands Way).

The Environmental Study and Review (Attachments 1 and 2) indicate that this precinct has a potential yield of 16 additional large lot residential allotments, located in the central part of the precinct and on the southern side of Sugarmill Road. The projected upgrade costs for Wakelands Road, Fairview Road and Sugarmill Road is estimated at $1,629,679 (including allowances for design costs and planning studies) to comply with Council’s Large Lot Residential construction standards. This translates to a Developer Contribution of $101,855 per new allotment, which is considerably in excess of the statutory cap of $30,000 per new lot.

Similar to the previous discussion concerning Precinct 3, pursuant to s94 of the EP&A Act 1979 and Regulation, Council cannot levy developer contributions to applicants which exceed the statutory cap of $30,000 per new lot, unless approval is obtained from IPART.

Due to the environmental and economic constraints which apply to this precinct, it is recommended that land within Precinct 4 - Wakelands Road / Fairview Road / Sugarmill Road is not rezoned for large lot residential purposes.

·      PRECINCT 5 – GAUDRONS ROAD / THE MOUNTAIN WAY

The Gaudrons Road / The Mountain Way precinct is located west of the Pacific Highway and is accessed by Gaudrons Road and The Mountain Way (right-of-carriageway) from Solitary Islands Way.


 

The Environmental Study and Review (Attachments 1 and 2) indicate a projected lot yield of 36 additional lots (minimum lot sizes of 1 or 2 hectares) within this precinct. Upgrade costs for Gaudrons Road and The Mountain Way have been estimated at $3,255,125, to comply with Council’s large lot residential construction standards. Based on a projected yield of 36 new lots, this translates to a Developer Contribution of $90,420 per new allotment (excluding road acquisition costs), which is considerably in excess of the statutory cap of $30,000 per new lot which can be levied to applicants.

Should Council consider forward funding an upgrading of The Mountain Way to the required construction standard, estimated Developer Contributions are forecast to further increase by approximately $55,000 per lot to an estimate of $145,420. It should also be noted that this estimate does not include acquisition costs of a twenty metre wide public road reserve to replace the current right-of-carriageway. Acquistion of The Mountain Way would require long term (separate) negotiations with all affected landholders, with no guarantee of Council recovering its acquisition costs in a reasonable time frame.

For the reasons discussed, this precinct is considered to be significantly affected by economic and environmental constraints. The land within Precinct 5 – Gaudrons Road / The Mountain Way is therefore not recommended to be rezoned for large lot residential purposes.

Options:

Council has a number of options in relation to this planning investigation, including:

1.   Resolve to adopt the recommendations to place the Korora Basin Planning Proposal and associated documents (draft Chapter G7 of Coffs Harbour DCP 2015 and draft Korora Large Lot Residential Developer Contributions Plan 2016) on public exhibition, and not progress with rezoning of any other land within the remaining precincts of the KWSM Investigation Area.

Comment: This option provides for large lot residential development of some residual land in Precinct 1 - Korora Basin, however it does not provide for the rezoning of land in any of the other precincts within the KWSM Investigation Area. In an economic sense, this option (which does not exceed S94 statutory caps, or require land acquisitions or forward funding) is more sustainable.

2.   Resolve to adopt the recommendations to place the Korora Basin Planning Proposal and associated documents (draft Chapter G7 of Coffs Harbour DCP 2015 and draft Korora Large Lot Residential Developer Contributions Plan 2016) on public exhibition; and apply to IPART seeking a variation for Precincts 3, 4 and/or 5 in the KWSM Investigation Area where estimated Section 94 developer contributions exceed the statutory limit of $30,000.

Comment: This option provides for large lot residential development of some residual land in the Korora Basin, and would allow Council to seek approval from IPART to vary the statutory cap on developer contributions under s94 of the EP&A Act 1979 for all or any of Precincts 3, 4 and 5.  Notwithstanding this, rezoning land within Precincts 3, 4 and 5 is considered to be economically unviable due to projected infrastructure upgrade costs and carries a financial risk to Council, as there is no guarantee of recovering initial costs (of acquiring private roads) in a timely manner. This scenario is inconsistent with orderly and efficient land development, as the projected total lot yield for Precincts 3, 4 and 5 (75 lots) represents approximately three years supply at a significantly high cost. In comparison, the Bonville locality (which Council is also currently investigating for rezoning) is considerably more viable in an economic sense, with no acquisitions or forward funding of infrastructure required.  It should also be noted that if IPART refuses the variation to the statutory cap, Council may be at risk of having to fund the contribution gap.

3.   Resolve not to proceed with the rezoning of any land within the KWSM Investigation Area.

Comment: This option will prevent the rezoning of land in the KWSM Investigation Area, including land within the Korora Basin which is considered to be environmentally and economically viable for development for large lot residential purposes, as discussed earlier in this report.


 

Option 1 is the recommended course of action.

Sustainability Assessment:

•     Environment

Environmental sustainability issues have been addressed by the Environmental Study (Attachment 1) undertaken for the KWSM Investigation Area including:

-      Flora and fauna assessment;

-      Acid sulfate soils analysis;

-      Geotechnical assessment;

-      Bushfire hazard assessment;

-      Floodprone land assessment;

-      Visual and acoustic analysis;

-      Contaminated land assessment; and

-      Archaeology assessment (Indigenous and post-settlement).

•     Social

Social sustainability issues have been addressed by the Environmental Study (Attachment 1) undertaken for the KWSM Investigation Area including:

-      visual and acoustic analysis;

-      opportunity for employment; and

-      new large lot residential precincts which are located close to existing centres and services.

•     Civic Leadership

Civic leadership is demonstrated in this report by the environmental studies addressing the following themes and objectives of Coffs Harbour 2030 Community Strategic Plan:

-      Places for Living

  We have vibrant rural communities.

  We reduce our impact on the environment.

  We have designed our built environment for sustainable living.

-      Moving Around

  We have a system of well-maintained and safe roads for all users.

-      Looking After Our Environment

  Our natural environment is protected and conserved for future generations.

  We maintain and conserve our flora and fauna through a protected, connected network of well-managed corridors and reserve systems.

  We manage and develop our resources sustainably.

•     Economic – Broader Economic Implications

The Environmental Studies and Review of these studies (Attachments 1 and 2) for the KWSM Investigation Area included an assessment of economic feasilibities. This report recommends that Council does not proceed with rezoning of precincts within the KWSM Investigation Area which are environmentally and economically unviable and which would carry significant financial risks to Council.

Precincts 3, 4 and 5 are considered to be economically unviable for rezoning due to projected infrastructure costs associated with road upgrades, and in some circumstances would also require Council to acquire private roads for upgrading and maintenance. This scenario would require long term negotiations with all affected landholders and would result in a significant increase to Developer Contributions with no guarantee of Council recovering its acquisition costs.

Risk Analysis:

The Environmental Studies and Review of these studies (Attachments 1 and 2) for the KWSM Investigation Area included an assessment of risks if rezonings were to proceed in each precinct.

Progressing the Korora Basin Planning Proposal (Precinct 1) is considered to be of low risk to Council with minimal impacts on Council’s Operational Plan. Progressing the rezoning of land within the remainder of the KWSM Investigation Area carries a high financial risk for the reasons discussed earlier in this report.

Rezoning land within Precinct 2 is considered to be environmentally unsustainable and subject to environmental risks. Rezoning land within Precincts 3,4 and 5 is considered to be economically unviable due to projected infrastructure upgrade costs and carries a financial risk to Council, as there is no guarantee of recovering initial costs (of acquiring private roads) in a timely manner. Council would open itself up to considerably more risk if forward funding of infrastructure was proposed.

Consultation:

The Planning Proposal and Environmental Study has been referred to all relevant areas within Council and input from these areas has been considered as part of the investigations.

Should Council resolve to progress the rezoning of 16 hectares of residual land within Precinct 1 - Korora Basin and the NSW Department of P&E subsequently endorses public exhibition of the proposal, all documents will be exhibited in accordance with the Gateway Determination and relevant provisions of the EP&A Act 1979.

Related Policy, Precedents and / or Statutory Requirements:

The following policies and statutory documents are relevant to this report and have been addressed:

·      Coffs Harbour Local Environmental Plan 2013;

·      Coffs Harbour Development Control Plan 2015;

·      Local Growth Management Strategy - Our Living City Settlement Strategy Component 2009;

·      Local Growth Management Strategy - Rural Residential Component 2009;

·      Planning for Bush Fire Protection 2006;

·      Mid North Coast Regional Strategy 2009 and Growth Area Maps;

·      State Environmental Planning Policies (SEPPs);

·      Section 117 Ministerial Directions;

·      Environmental Planning and Assessment Act 1979 and Regulations;

·      Coffs Harbour 2030 Plan; and

·      Coffs Harbour City Koala Plan of Management 1999.

Implementation Date / Priority:

Should Council resolve to progress the Korora Basin Planning Proposal (Precinct 1) for some residue lands, it will be immediately forwarded to the NSW Department of Planning and Environment requesting a Gateway Determination.

The timeframe for progressing the Korora Basin Planning Proposal is governed by the EP&A Act 1979 and commences on the date that the Planning Proposal is forwarded to the NSW Department of Planning and Environment.

The projected timeline is as follows:

November 2016                                        Planning Proposal referred to NSW Planning & Environment requesting a Gateway Determination.

December 2016 – January 2017    Public Exhibition / Consultation period (conducted outside of school holiday periods).    

April 2017                                                  Report to Council for determination of the Planning Proposal following the public exhibition period.

June - August 2017                         Submission of the Draft LEP Amendment to NSW Planning and Environment, requesting the making of the LEP Amendment by the Minister, pending adoption by Council.

Conclusion:

This report provides Council with the findings of environmental studies and economic feasibility analyses for the KWSM Investigation Area to enable clear planning decisions in relation to the various precincts within the Investigation Area.

 


Ordinary Council Meeting Agenda                                                    10 November 2016


Ordinary Council Meeting Agenda                                                    10 November 2016


 


 


 


 


 


 


 


 


Ordinary Council Meeting Agenda                                                    10 November 2016


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting Agenda                                                    10 November 2016


 


 


 


 


Ordinary Council Meeting Agenda                                                    10 November 2016


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting Agenda                                                  10 November 2016

SC16/58       2016/17 Community Capital Infrastructure Grants Program - Second Round

Author:                        Community Planning & Engagement Specialist

Authoriser:                  Director Sustainable Communities

Coffs Harbour 2030:   PL1 Our infrastructure and urban development is designed for sustainable living

Attachments:              Nil

 

Executive Summary

In the 2016/17 Operational Plan, an amount of $300,000 was made available for the Community Capital Infrastructure Grant Program to fund community infrastructure projects. Council sought applications from not-for-profit organisations seeking to construct new public facilities or to refurbish existing infrastructure, in consultation with Council.

Three applications totalling $85,500 were approved in the first round of the 2016/17 Community Capital Infrastructure Grant Program, with the balance of $214,500 approved for a second round.

Eleven applications, requesting $344,100, were received in the second round for proposed projects to the value of $716,032. Council considered all applications in accordance with the assessment criteria and six applications are recommended for funding.

 

 

Recommendation:

That Council approve the allocation of Community Capital Infrastructure Grants totalling $214,500 as follows:

Organisation

Proposed Project

Total cost of project

Council funding recommended

Coffs Harbour Community Men’s Shed Inc.

Construction of new Men’s Shed

$268,170

$125,000

Rotary Club Coffs Harbour South

Changing Place for People with a Disability

$70,000

$35,000

Woolgoolga Arts Group Limited

Refurbishment of the Art Gallery Kitchen and Toilet Facilities

$65,978

$27,500

Possum’s Den Coffs Harbour Inc.

Renovation of Children’s Bathroom

$25,056

$12,500

Sawtell District Girl Guides

Asphalt Driveway

$16,000

$8,000

Coffs Harbour Regional Conservatorium

Performance Space Fitout

$69,285

$6,500

Total:

$514,489

$214,500

 

Report

Description of Item:

The Community Capital Infrastructure Grants Program is a source of funds that community groups can access for capital improvement works.

The objectives of the Community Capital Infrastructure Grants Program are to ensure that:

1.       Council assists in the provision of innovative community projects that target community needs and result in direct benefits to the wider community.

2.       Council assists in increasing participation in, and accessibility and range of, community organisations for the residents of the Coffs Harbour City Council area.

3.       Council has a consistent, equitable and transparent process to respond to requests by community organisations for funding of capital infrastructure.

4.       Partnerships and joint ventures are encouraged to maximise outcomes from limited resources.

The Program is designed to assist with the development of public infrastructure. Projects should have a strong community benefit that is clearly identifiable and where possible quantifiable.

Applications were considered in accordance with the assessment criteria, with the recommended applications for funding determined on merit. A panel of technical staff met initially to determine if there were any issues or concerns with the applications. A further panel of Group and Section Leaders then met to score the applications. The scoring panel consisted of:

·      Group Leader Strategic Asset Management (Acting)

·      Section Leader Logistics

·      Section Leader Development Assessment

·      Section Leader Community Programs

·      Section Leader Community Planning and Performance

To be eligible for funding under the Community Capital Infrastructure Grants Program, the applicant was required to demonstrate co-funding to a minimum of 50%. This co-funding could be in cash, grants, in-kind labour, materials supply or other, with the proviso that the applicant is required to make at least a 20% financial cash contribution.

Applicants for this program were encouraged to seek alternate grant funding where available, and a “How to Get that Grant” workshop was held on 17 August 2016 to assist applicants and advise of alternative grant funds. The Community Capital Infrastructure Grants Program, whilst not precluding any smaller projects in the community, represents a larger funding pool available to community organisations wishing to leverage grant funding for larger infrastructure projects.

As a component of the application process, Council sought detailed project plans, financial budgets and a variety of documents and reports from applicants. All projects must be completed within one year of the organisation receiving the funds, in accordance with the timeframe set in the application, and Council requires formal acquittal of the grant for all funding in excess of $20,000.

Council requires as a condition of the grant that the successful applicant will assume all normal commercial responsibility including public risk and/or any other appropriate insurance cover for the project.

Issues:

Distribution of the funding within the Community Capital Infrastructure Grants Program is recommended by an assessment panel and based on eligibility, merit of the project in accordance with the triple-bottom line assessment (taking in to account social, economic and environmental factors), and the ability of the applicant organisation to manage the project.

The guidelines for the Community Capital Infrastructure Grants Program, includes assessment criteria and a scoring process.

Of the eleven applications received for the Second Round of the 2016/17 Program, six proposals are recommended for funding. 

The following table lists those projects recommended by the Assessment Panel:

Organisation

Proposed Project

Total cost of project

Council funding recommended

Coffs Harbour Community Men’s Shed Inc.

Construction of new Men’s Shed

$268,170

$125,000

Rotary Club Coffs Harbour South

Changing Place for People with a Disability

$70,000

$35,000

Woolgoolga Arts Group Limited

Refurbishment of the Art Gallery Kitchen and Toilet Facilities

$65,978

$27,500

Possum’s Den Coffs Harbour Inc.

Renovation of Children’s Bathroom

$25,056

$12,500

Sawtell District Girl Guides

Asphalt Driveway

$16,000

$8,000

Coffs Harbour Regional Conservatorium

Performance Space Fitout

$69,285

$6,500

Total:

$514,489

$214,500

 

Coffs Harbour Community Men’s Shed Inc.

The Coffs Harbour Community Men’s Shed is to be constructed on Council’s property at the end of Howard Street, Coffs Harbour.  Construction of the concrete slab and groundworks on the site was completed in June, funded by $67,500 from the Second Round of the 2015/16 Program and a NSW Community Building Partnership Grant 2016.

The second stage of this project is the erection of the new shed and fit out of the new facility.  This facility will provide rent-free accommodation for the Men’s Shed offering a wide range of activities; in addition to a showroom, office space, barbecue facilities, a quiet communal space and car parking.

Rotary Club Coffs Harbour South

The Rotary Club Coffs Harbour South have proposed to extend the existing accessible toilet in the Castle Street amenities of the Coffs Harbour CBD into an adjacent shower compartment to provide a ‘changing place’ for people with profound disabilities. This will involve, in addition to toilet and shower facilities, the supply and installation of an adult size change table with an overhead hoist and sling for the transfer of a person from a wheelchair to the change table.

The Rotary Club, in consultation with Council, will be responsible for management and supervision of this project. Approximately $10,000 has been pledged in community support by electrical and other trades. 

The objective of this project is to provide dignity and freedom for people with mobility issues to participate in communal activities, thereby addressing the 2030 objective of a fully inclusive community in Coffs Harbour. This facility also provides opportunities for tourists with profound disabilities to visit the local area.

Woolgoolga Art Group Limited

The application by Woolgoolga Art Group Limited is for the upgrade and refurbishment of the kitchen facilities and the renovation of the toilet facility to include an accessible toilet at the Woolgoolga Art Gallery.

The Woolgoolga Art Group Limited leases the facility from Council and under the terms of the lease is responsible for maintenance and any upgrades to the property. The project is valued at $65,978, with detailed costings provided for the materials, equipment and trades required.

Renovation of the Woolgoolga Art Gallery will improve accessibility for people using this facility and enable expansion of the current workshops offered for local artists. It is also anticipated that improvement of these facilities will support an increase in the opportunities for other organisations such as the Rotary Club and the Red Cross to hire this venue.

Possums’ Den Coffs Harbour Inc.

The Possums’ Den Preschool is a not for profit childcare service located in a property leased from Council at 8 Earl Street, Coffs Harbour. The application is for the renovation of the existing children’s bathroom to include private cubicles for the children, to replace the existing tiles and flooring, and to install water saving fixtures. A staff toilet, not renovated since the 1950’s, will also be upgraded.

All works will be contracted to a local licensed builder who is to complete the work in accordance with the relevant building legislation and standards.

Sawtell District Girl Guides

The application by the Sawtell District Girl Guides is for improvements to the existing driveway and parking area in front and to the side of the Guide Hall at 51 Minorie Drive, Toormina. The project will also include improvements to the drainage system at the front of the building to minimise the impact of water runoff away from the hall.

The building is owned by the Girl Guides but is located on land owned by Council, adjacent to the Toormina Oval. The proposed works will improve access to the property which is used by a variety of community groups that hire the venue, in addition to overspill parking for the Toormina Preschool and Toormina Library.

The Sawtell District Girl Guides have been successful in obtaining $7,000 from Clubgrants which they will contribute as match funding for this application.

The Coffs Harbour Regional Conservatorium

The Coffs Harbour Regional Conservatorium is an independent community based organisation.  The application presented is to provide the final stages of the fit-out of the Conservatorium’s Performance Space with plastering, painting, installation of theatre curtains, and additional seating.

This proposal is part of a staged $1.5m redevelopment of the Conservatorium site in Bray Street, Coffs Harbour for which Council has provided funding of $30,000 in 2014/15 and $19,700 in 2015/16. This application to the current Community Capital Infrastructure Grants Program seeks funding of $34,605, however due to competing demands for these funds, only $6,500 is proposed for allocation. The Coffs Harbour Regional Conservatorium also has an application for funding of $83,313 from the Community Building Partnership pending.

This application is part of a well-considered and long-term plan by the Board and the management of the Coffs Harbour Regional Conservatorium, designed to provide a venue for a diverse range of musical and performing arts performances in Coffs Harbour.

Proposed Unsuccessful Applications:

The following table lists those projects not recommended for funding by the assessment panel.

 

Organisation

Proposed project

Total cost of project

Council funding recommended

Coffs Harbour Rugby League Club

Replacement of existing electric hot water system with a new gas hot water system

$26,450

$0

Coffs Harbour Showground & Public Recreation Trust Inc.

Replacement of existing structure with an all-weather BBQ, picnic shed and rest area (264m2) building

$42,000

$0

Rotary Club Coffs Harbour South

Demountable laundry and shower facilities for homeless persons at the Coffs Harbour Community Village

$88,668

$0

Boambee East Community Centre Inc.

Installation of a heating and cooling system

$12,980

$0

Westside Tennis

Upgrade of lighting to LED Stage 1 – Courts 1,2 & 3

$31,445

$0

Total:

$201,543

 

 

Five grant applications are not recommended for funding in the current round due to outstanding issues that need to be resolved prior to committing any funds to these projects. These applications lacked sufficient or up-to-date quotes, detailed project plans and thorough financial budgets required for the panel to feel comfortable to commit funds to the projects.

The applications by the Rotary Club Coffs Harbour South, for demountable laundry and shower facilities, and the Boambee East Community Centre, for a heating and cooling system, were both withdrawn by the applicant during the assessment period as they were unable to comply with the request for additional information prior to panel assessment.

Feedback will be provided to the applicants so that they may explore resolving any identified issues so they may resubmit their applications in subsequent funding rounds.

Options:

There are several options that may be considered by Council including:

1.    Adopt the recommendation provided to Council. This option provides what is considered the optimal distribution of grant funding based on the submissions received and the assessment process.

2.    Amend the recommendation provided to Council and then adopt. As a budget is established in the Operational Plan for this Program for $300,000 amendment of the recommendation is likely to involve the redistribution of these funds.

3.    Reject the recommendation provided to Council. Selection of this option requires that Council cannot distribute the grants to the community. As a consequence, the applicant sporting and cultural groups who applied for grant funding would be required to fund their projects from other sources.

Sustainability Assessment:

·     Environment

Council assesses the merit of each project based on the impact of the surrounding environment. Council also considered the location of the proposed projects in terms of community amenity and acceptance.

·     Social

Applicants are required to identify both the community benefit and need provided by the project; and how this benefit has been determined or quantified. This may be by providing new infrastructure or refurbishing existing infrastructure

·     Civic Leadership

This approach is addressed in Coffs Harbour 2030 through PL 2.2 ‘Provide public spaces and facilities that are accessible and safe for all’.

·     Economic – Broader Economic Implications

The assessment of projects under the Program is based on:

-      Each project’s capital costs, the total lifecycle or maintenance costs, and value for money; and

-      The economic benefits that may exist due to the projects, which may be a reduction on other costs or income derived.

The funds for this Program are included in the 2016/17 Operational Plan

Risk Analysis:

The guidelines for this Program includes clauses requiring applicants to have in place public liability insurance (minimum $20m), personal injury income protection for volunteer insurance and/or any other appropriate insurance cover for the project. Council is to be noted as an interested party on all insurance certificates for the purpose of the grant.

The Program’s guidelines also require that all works are carried out in a safe work environment in accordance with the Work Health and Safety Act, Regulations and Codes of Practice. Only licensed contractors are to undertake related works to the project. Council also reserves the right to pre-approve contractors for the project.

The guidelines for the Program include provisions relating to financial reporting, governance and a structured schedule to ensure that grantees fulfil the objectives of their application. A formal acquittal of the grant is required on completion of the project.

Consultation:

The report has been developed through a consultative process that has included input from a range of Council officers and an assessment panel.

Related Policy, Precedents and / or Statutory Requirements:

Not applicable.

Implementation Date / Priority:

Grant funding will be made available to recipients as soon as possible.

Conclusion:

The Community Capital Infrastructure Grants Program is a funding initiative that assists Council to work in partnership with not-for-profit organisations to deliver projects that improve public infrastructure.

  


Ordinary Council Meeting Agenda                                                  10 November 2016

NOM16/25   Inclusive Playgrounds

Attachments:          Nil

 

Motion:

Councillor Arkan has given notice of his intention to move the following:

 "That CHCC investigate and implement inclusive playgrounds in any new playgrounds planned for the Coffs Harbour city council local government area."

 

Rationale:

"All councils in NSW are required to have a disabilities inclusive action plan.

 

Coffs Harbour is a growing city with plans for new public facilities we need to insure the whole community are catered for."

 

 

Staff comment:

 

Recommendations re distribution of inclusive playgrounds

 

Council’s adopted Open Space Strategy recognises the importance of providing inclusive play opportunities and recommends, as a minimum, the inclusion of inclusive play opportunities within District level and higher Regional parks. The Strategy also recommends, as a minimum, providing a playground within a social family park in each Precinct that offers complexity and challenge in play experience for children of varying abilities and mobility.

 

The open space strategy further recommends the following design considerations in relation to inclusive access:

 

1.       Park design and furniture should be accessible and sympathetic to the needs of people of all abilities wherever possible.  Facilities should encourage universal participation rather than segregated settings.

 

2.       Ensure compliance with relevant Australian standards in relation to inclusive access and opportunity.

 

3.       The design of new playgrounds currently takes account of the recommendations provided in the Open Space Strategy and endeavours to provide inclusive play opportunities or, as a minimum, provide inclusive access and furniture options. 

 

Review

 

Council will be conducting a review of the Open Space Strategy in 2017 and this review will give further consideration to inclusive play spaces.

 


 

Summary

 

Council’s existing Open Space Strategy already provides for inclusive playgrounds. The existing strategic limitation of these facilities to District level and higher Regional parks only is aimed at ensuring realistic impacts are made in some parks rather than minor impacts in all parks. The resolution as it currently stands would decrease Council’s current level of ability to provide meaningful inclusive elements to a limited number of parks by requiring the limited existing budget to be spread across all new parks. The upcoming review of the Open Space Strategy in 2017 and the factual data it will make available would be a more appropriate time for Council to reconsider its position on this matter.

 

  


Ordinary Council Meeting Agenda                                                  10 November 2016

SI16/39         Acquisition of Land for Reconstruction of Schooners Bridge, 1049-1071 East Bank Road, Nana Glen

Author:                        Team Leader Property Development

Authoriser:                  Director Sustainable Infrastructure

Coffs Harbour 2030:   MA2 We have a system of well-maintained and safe roads for all users

Attachments:              ATT1  SI16/39     Location of Land to be Acquired  

 

EXECUTIVE SUMMAry

Council is proceeding to upgrade Schooners Bridge on East Bank Road at Nana Glen which is currently a timber structure of unsatisfactory width and in a poor state of repair. The alignment of the bridge will need to be moved slightly to the west to facilitate the new works, and as a result a small road widening affecting the adjoining property will be required. The owners have agreed to an offer of compensation on the basis Council are responsible for all reasonable costs associated with the matter.

 

Recommendation:

That Council:

1.       Authorise payment of $1,600 inclusive of GST to the owners of Part Lot 1 DP 517339, East Bank Road, Nana Glen as compensation for the acquisition of approximately 899.6 square metres of land as described in this report.

2.       Authorise payment of all costs associated with the acquisition, including reasonable legal expenses, survey, mortgagee consent fees and registration expenses.

3.       Execute all documents necessary to facilitate the matter under the common seal of Council.

4.       Dedicate as public road the land acquired.

 

Report

Description of Item:

Council is undertaking an upgrade of Schooners Bridge on East Bank Road at Nana Glen which currently comprises an unsatisfactory timber structure which is narrow and in poor repair. The upgrading of the bridge will improve safety and its proposed re-construction in concrete will significantly reduce future maintenance costs.

 

The proposed new bridge will require realignment of East Bank Road slightly to the west and due to this there will be an impact on the adjoining private property. The result being that the road reserve will need to be slightly widened by several meters. The road widening will necessitate the need for a land acquisition of approximately 899.6 square metres as shown in the plan as an attachment to this report. The land affected is described as Lot 1 DP 517339 and the address is 1049-1071 East Bank Road, Nana Glen.

 

The land to be acquired is zoned RU2 Rural Landscape and is subject to flooding and is below the 100 year ARI (Average Recurrence Interval). The property will be minimally affected by the acquisition and there will be an insignificant loss of value as a result. Negotiations with the owners have resulted in an agreement for Council to pay compensation of $1,600 inclusive of GST plus all reasonable costs associated with the matter.

 

Once the land has been acquired and dedicated as public road, the works, including realigning East Bank Road and construction of the new bridge, will be situated correctly in the road reserve.

Issues:

Without the acquisition proceeding there would be no alternative but to reconstruct the road in a different location which would be sub-optimal in terms of the road alignment, safety and cost.

Options:

Council has two options available:

 

1.   Council purchase the land and complete the project works as proposed.

 

2.   Council not proceed with the purchase of the land and as a result redesign and construct the bridge in an inferior location which would potentially compromise design, safety and cost.

 

It is recommended that Option 1 above is the favoured outcome.

Sustainability Assessment:

•     Environment

The acquisition of the land will in itself have little impact on the environment.  All environmental issues will be considered as part of the physical construction of the bridge. The Design works propose little impact on existing vegetation.

•     Social

The acquisition of the land will allow reconstruction of Schooners Bridge which will improve the quality of the local road network.  The new bridge will have improved access alignments which will improve safety issues.

•     Civic Leadership

Council’s 2030 Community Strategic Plan promotes continued investment and improvement to infrastructure and the road network.  The acquisition is integral to the road and bridge improvement works.

•     Economic

Broader Economic Implications

There will be minimal impact as a result of the acquisition.

 

Delivery Program/Operational Plan Implications

 

Council has allocated an amount within the current budget for road maintenance and upgrading of Schooners Bridge.  The total cost of the acquisition including legals, survey and registration will be in the order of $7,000.

 

The construction of Schooners Bridge as a concrete culvert structure will reduce future maintenance costs as opposed to the current timber bridge.

 

Council’s qualified valuation staff has negotiated the acquisition and consider the agreement fair and reasonable to both parties.

Risk Analysis:

The risk in relation to this matter is assessed as minor and insignificant.

Consultation:

All relevant internal stakeholders have been consulted. The principal external party has been consulted and has consented to the recommended approach.

Related Policy, Precedents and / or Statutory Requirements:

Council has in the past acquired land when considered appropriate.

 

Section 377(1) (H) of the Local Government Act 1993 requires the formal approval of Council in regard to the acquisition of land.

Implementation Date / Priority:

The matter will be actioned immediately.

Conclusion:

This report addresses the requirements for a land acquisition to facilitate the replacement of a road bridge at Nana Glen.

 

 


Ordinary Council Meeting Agenda                                                                            10 November 2016


Ordinary Council Meeting Agenda                                                  10 November 2016

SI16/40         Contract No. RFT-736-TO Fitzroy Clubrooms & Amenities

Author:                        Project Manager

Authoriser:                  Group Leader Financial Services and Logistics

Coffs Harbour 2030:   PL2 Our public spaces are enjoyed by all our people

Attachments:              ATT1  SI16/40     CONFIDENTIAL          Tender Assessment Contract No. RFT-736-TO

Confidential in accordance with Section 10A(2)(d)(i),(d)(ii) of the Local Government Act as it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it, and information that would, if disclosed, confer a commercial advantage on a competitor of the council.  

 

EXECUTIVE SUMMARY

Council has allocated budget funding to build new amenities and facilities buildings at Fitzroy Oval, opposite Council’s Rigby House, in Coffs Street.

 

The new facilities will include two change rooms, a three tiered undercover seating area, canteen, club storage rooms, and undercover standing areas, and a new public amenities building. The planning of the facilities derives from Council’s adopted Sports Facility Plan 2016.

 

The facilities will be constructed under a contract arrangement with a suitable building contractor supported by direct contract and project management input by Council. Public Tenders for the construction of the new facilities were recently called, and this report seeks approval for the adoption of a recommendation to progress the contract works.

 

At its Ordinary Meeting of 27 October 2016 Council delegated to the General Manager the authority to accept tenders. At that time this tender had been assessed but not formalised pending further financial analysis prior to its presentation to Council for consideration.

 

As a result of those considerations a second and related report (T16/01 Trust Report – Fitzroy Oval Clubrooms & Amenities Funding Allocation) has been developed which requests Council, as Corporate Manager of the Coffs Coast State Park Trust, to consider applying additional funding to the Fitzroy Oval Clubrooms and Amenities Project.

 

Due to those circumstances described above it was deemed proficient and appropriate that this Report, and the related Trust Report T16/01, be considered jointly despite the recent delegation to the General Manager regarding a general authority to accept tenders.

 

 

 

Recommendation:

That Council considers tenders received for Fitzroy Oval Clubrooms and Amenities, Contract No. RFT-736-TO, and move the motion as detailed in the confidential attachment.

 

Report

Description of Item:

Open tenders were called for a Lump Sum contract in local and capital city newspapers and via Council’s electronic Tenderlink portal. The deadline for submission of tenders was 3.30pm on Friday, 16 September 2016.

 

Tenders were evaluated on the following criteria:

·        Tender price and value for money

·        Technical Skills, experience & performance in similar works, ability to meet project timeframes

·        Quality of Submission Content –Including understanding of works

·        Management Capabilities – Including Quality and Health & Safety Management Systems

 

Eight tenders were received from the following companies:

1.   Brazels Pest Control

2.   Edwards Constructions (NSW) Pty Ltd

3.   F&SJ Maione Pty Ltd

4.   M & K Construction Group Pty Ltd

5.   MCR Building

6.   Nace Consulting Pty Ltd

7.   Robert Shone Constructions

8.   Steve Watt Constructions

Issues:

Refer confidential tender report.

Options:

The options available to Council under the Local Government Act with respect to this report are to:

1.       Adopt the recommendation provided to Council found within the Confidential Attachment, allowing progression of the works.

2.       Amend the recommendation. However, this would pose certain contractual issues associated with the tendering process.

Sustainability Assessment:

•        Environment

The tendered works have received Part 5 environmental approval. The new buildings are sited within the same vicinity of the older existing public amenity building.

•        Social

Consultation with sporting groups that utilise the oval has occurred, and alternative arrangements have been proposed to accommodate the groups elsewhere while the contract works occur.

•        Civic Leadership

Coffs Harbour City Council is the primary provider of sporting infrastructure in the Local Government area. The existing facility is outdated and reaching the end of its asset life. The design of the new amenities block will be in keeping with the current standards that require disabled access. In awarding the contract, Council will be providing a new facility that responds to today’s sporting standards and expectations of the community.

•        Economic – Broader Economic Implications

Sport is a major economic driver in Coffs Harbour. Coffs Harbour City Council has a reputation for providing high quality sporting facilities, and consequently attracts major sporting tournaments on this basis. The outdated facilities at Fitzroy oval currently detract from this reputation, and in awarding the contract Council will be providing a new facility that responds to today’s sporting standards and expectations from the community.

•        Economic - Delivery Program/Operational Plan Implications

The funding of this Project has been drawn from the combined sources of Council’s annual building program and external grant funding. The tolerences of the existing budget are currently small and a related Trust Report included in this Business Paper (T16/01 Trust Report – Fitzroy Oval Clubrooms & Amenities Funding Allocation) refers to that issue and recommends a resolution to it.

Risk Analysis:

With the exception of the existing tight budget tolerances the project is well scoped and quantified and there is no additional risk to Council associated with this contract.

Consultation:

Relevant internal consultation was undertaken regarding construction timeframes submitted by tenderers. Confidentiality is required during the tender process.

Related Policy, Precedents and / or Statutory Requirements:

Tendering procedures were carried out in accordance with Council’s Policy. Council’s Tender Value Selection System was applied during the tender review process to determine the most advantageous offer. Council’s policy is that the tender with the highest weighted score becomes the recommended tender, however an option to Decline all tenders and authorise the General Manager to negotiate a suitable outcome with any party or parties is also available to Council.

 

The calling, receiving and reviewing of tenders was carried out in accordance with Part 7 Tendering of the Local Government (General) Regulations 2005.

Implementation Date / Priority:

Recommendation actions can be commenced immediately.

Conclusion:

Timely approval of the recommendation for the tender will enable Council to undertake the works in accordance with the conditions of grants that have been provided by external agencies, within Council’s allocated budget for the project.

  


Ordinary Council Meeting Agenda                                                  10 November 2016

T16/12          TRUST REPORT - Fitzroy Oval Clubrooms & Amenities Funding Allocation

Author:                        Director Business Services

Authoriser:                  Director Business Services

Coffs Harbour 2030:   PL2 Our public spaces are enjoyed by all our people

Attachments:              Nil

 

 

Executive Summary

Council currently has a project to construct new clubrooms and amenities at Fitzroy Oval and may require a contribution from the Trust to fully fund the project. The project is consistent with the reserve purpose and therefore is a suitable project for the allocation of Trust funds.

 

The project may require a contribution of up to $160,000 from the Coffs Coast State Park Trust to fully fund the project. The Trust has sufficient funds held in investments to meet this funding requirement without unduly affecting the Trust’s long term funding requirements, and therefore the allocation is recommended.

 

 

Recommendation:

That Council, as Corporate Manager of the Coffs Coast State Park Trust approve the allocation of up to $160,000 of funds to Council’s Fitzroy Oval Clubrooms & Amenities Project.

 

Report

Description of Item:

Fitzroy Oval is part of Reserve 1002970 which is managed by the Coffs Coast State Park Trust. The purpose of the reserve is public recreation and environmental protection. Council currently has a project to construct new clubrooms and amenities at Fitzroy Oval and may require a contribution from the Trust to fully fund the project. The project is consistent with the reserve purpose and therefore is a suitable project for the allocation of Trust funds.

Issues:

Council’s project to construct new clubrooms and amenities at Fitzroy Oval is subject to a tender process which is also reported in this business paper. Based on the tender assessment additional funds of up to $160,000 may be required to be contributed by the Trust to fully fund the project. The Trust has sufficient funds held in investments to meet this funding requirement without unduly affecting the Trust’s long term funding requirements.

Options:

Council’s options in relation to this report are to:

 

1.   Adopt the recommendation in this report; or

2.   Reject the recommendation in this report which may jeopardise the funding required to undertake the Fitzroy Oval Clubrooms and Amenties Project or require an alternative funding source to be identified.

Sustainability Assessment:

•     Environment

The recommendation does not give rise to any environmental issues.

•     Social

The recommendation does not give rise to any social issues.

•     Civic Leadership

A Trust contribution to the Fitzroy Clubroom and Amenities Project will assist the achievement of the reserve purpose in relation to public recreation and also assist Coffs Harbour City Council in providing a new facility that responds to today’s sporting standards and expectations of the community.

•     Economic – Broader Economic Implications

A Trust contribution to the Fitzroy Clubroom and Amenities Project will assist Coffs Harbour City Council to maintain its reputation for providing high quality sporting facilities, which are used to attract major sporting tournaments.

•     Economic – Delivery Program/Operational Plan Implications

As this is a Trust report reference to the Delivery Program/Operational Plan is not applicable.

Risk Analysis:

There are no specific risks associated with this report.

Consultation:

Consultation has occurred between relevant officers of Council in relation to the Fitzroy Clubroom and Amenities Project and the funding requirement.

Related Policy, Precedents and / or Statutory Requirements:

Coffs Harbour Sports Facility Plan 2016

Implementation Date / Priority:

Funding is able to be provided to meet the project’s timeline.

Conclusion:

The Fitzroy Clubroom and Amenities Project may require a contribution of up to $160,000 from the Coffs Coast State Park Trust to fully fund the project. The Trust has sufficient funds held in investments to meet this funding requirement without unduly affecting the Trust’s long term funding requirements, and therefore the allocation is recommended.