Coffs Harbour City Council

30 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, 8 December 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                                                    8 December 2016

Order of Business  

General Manager's Reports

GM16/22         Councillor Expenses and Facilities Policy............................................ 5

GM16/23         Coffs Harbour Part Day Race Day Public Holiday........................... 30

GM16/24         Audit & Risk Committee - Annual report to Council and appointment of Councillor and Independent  external representatives. ......... 36

GM16/25         Council Committees - Membership Applications................................ 44

GM16/26         Submissions Policy........................................................................................... 46

Notices of Motion Business Services

NOM16/27      Aboriginal Employment Policy................................................................... 57

NOM16/28      Review of Investment Policy - Ethical and Environmental considerations.................................................................................................. 58

Directorate Reports - Business Services

BS16/40          Quarterly Budget Review Statement for September 2016........... 59

BS16/41          Review Of Properties Rated As Farmland............................................ 77

Notices of Motion Sustainable Communities

NOM16/29      Quarterly Reporting from the CBD Masterplan Committee...... 88

Directorate Reports - Sustainable Communities

SC16/62          Bonville Large Lot Residential Investigation Area - Post Exhibition     89

SC16/63          Performance Review of Coffs Harbour Local Environmental Plan 2013.................................................................................................................................. 215

SC16/64          Planning Proposal to Permit a Child Care Centre on Lot 3 DP 735083 Craft Close Toormina.................................................................................. 272

SC16/65          Submission on the Draft Coastal Management State Environmental Planning Policy and Progression of the Coffs Harbour Coastal Zone Management Plans.......................................................................................... 272

SC16/66          Submission on the Review of SEPP 44 - Koala Habitat Protection 272

SC16/67          Coffs Harbour City Council Strategic Flying-fox Camp Management Plan........................................................................................................................ 272

SC16/68          JRPP Assessment Report for Development Application 0751/16DA 272

SC16/69          Coffs Coast Tourism Strategic Plan 2020 - Visitor Information Services - implementation update.............................................................................. 272

SC16/70          Draft Creative Coffs - Cultural Strategic Plan 2017-2022.......... 272


 

Directorate Reports - Sustainable Infrastructure

SI16/44           Acquisition of land for public reserve purposes - Lot 11 DP 1193991  Mimiwali drive, North bonville................................................................. 272

SI16/45           Progress report on Jetty4Shores Stages 2-4 ............................... 272

Trust Reports

T16/13             TRUST REPORT - Coffs Coast State Park Trust Special Purpose Financial report and Audit 2016.................................................................................... 272

T16/14             TRUST REPORT - Holiday Park Tourist Accommodation Tariffs 2017/18 and 2018/19..................................................................................................................... 272

T16/15             TRUST REPORT - North Coast Regional Botanic Gardens Advisory Committee........................................................................................................... 272   


Ordinary Council Meeting Agenda                                                    8 December 2016

GM16/22      Councillor Expenses and Facilities Policy

Author:                        Governance Coordinator

Authoriser:                  General Manager

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

Attachments:              ATT1  GM16/22  Councillor Expenses and Facilities Policy (POL-026)  

 

Executive Summary

This report seeks to adopt the Councillor Expenses and Facilities policy presented to Council on the 13 October 2016, following the period of public exhibition. During the exhibition period, nil submissions were received.

 

 

Recommendation:

That Council adopts the attached Councillor Expenses and Facilities Policy.

 

 

Report

Description of Item:

Section 252(1) of the Local Government Act requires Council to adopt a Councillor Expenses and Facilities Policy within 12 months of each term of Council.

 

The purpose of this policy is to ensure that there is accountability and transparency in the reimbursement of expenses incurred by Councillors. The policy also ensures that the facilities provided to assist Councillors to carry out their civic duties are reasonable and meet the expectations of the local community.

 

On 13 October 2016 Council resolved:

 

1.    In accordance with Section 253(5) of the Local Government Act 1993, give public notice of its intention to adopt the Councillor Expenses and Facilities Policy as attached and allow at least 28 days for the making of public submissions.

2.    Consider a further report on this matter at the conclusion of the exhibition period and following consideration of any submissions received.

 

The policy was placed on exhibition and the 28 days period has passed. There were nil (0) submissions received.

Issues:

There are no issues associated with this report.

Options:

1.    Adopt the recommendation and policy provided to Council

2.    Amend the recommendation and/or the policy provided to Council and then adopt. It should be noted that any substantial change will require further public consultation.

3.    Reject the recommendation and the policy provided to Council. Note, if rejected, Council is still required to adopt a policy concerning Councillor expenses and facilities within the first 12 months of each Council term. Failure to do so will result in a breach of the Local Government Act. 

Sustainability Assessment:

•     Environment

This is not applicable to this report.

•     Social

This is not applicable to this report.

•     Civic Leadership

The purpose of Council policies is to ensure transparency and accountability in local government. The implementation enables Council to identify and respond to the community. This is consistent with the Coffs Harbour 2030 Community Strategic Plan strategy LC3.1 Council supports the delivery of high quality, sustainable outcomes for Coffs Harbour.

•     Economic – Broader Economic Implications

There are no broad economic impacts associated with the implementation of the recommendations

•     Economic - Delivery Program/Operational Plan Implications

The ongoing development and review of Council policies and plans are accommodated within Council’s budget structure. This expenditure is monitored through Council’s monthly and quarterly budget reviews.

 

The budget includes allocations to account for the expenses included within the policy. If Council requires any amendments to the policy relating to payment of expenses, the impact of these changes on the 2016/17 adopted budget will need to be considered.

Risk Analysis:

This is not applicable to this report.

Consultation:

As per s253 Local Government Act, and following Council resolution on 13 October 2016, the draft Councillor Expenses and Facilities Policy was placed on public exhibition for a period of at least 28 days. At the conclusion of the exhibition period nil (0) submissions were received.

Related Policy, Precedents and / or Statutory Requirements:

Local Government Act (NSW) 1993

Guidelines for the payment of expenses and the provision of facilities for Mayors and Councillors in NSW. – issued by the Office of Local Government under s23 of the Local Government Act 1993.

Implementation Date / Priority:

Immediate

Conclusion:

Following nil submissions from the public exhibition period, Council adopts the Councillor Expenses and Facilities Policy.

 

 


Ordinary Council Meeting Agenda                                                      8 December 2016

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Ordinary Council Meeting Agenda                                                                               8 December 2016

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Ordinary Council Meeting Agenda                                                    8 December 2016

GM16/23      Coffs Harbour Part Day Race Day Public Holiday

Author:                        Governance Coordinator

Authoriser:                  General Manager

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

Attachments:              ATT1  GM16/23  CONFIDENTIAL          Coffs Harbour Part Day Race Day Public Holiday - Submissions

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

ATT2  GM16/23  Local Public Holidays and Local Event Days information sheet - 2016  

 

Executive Summary

For over 40 years, Coffs Harbour City Council has been granted a half day public holiday for the Coffs Harbour Gold Cup. In 2010, the Public Holiday Act was introduced, changing the requirements for granting public holidays. Under the Public Holidays Act 2010 local Councils are able to apply for either a ‘local public holiday’ or a ‘local event day.’

 

On 11 August 2016, Coffs Harbour City Council resolved:

 

“that Council undertake public consultation, including but not limited to direct targeted contact with all schools and bus companies who run school services, in order to assess the impact of a gazetted public half day holiday for the Coffs Cup on the community.”

 

In response, Coffs Harbour City Council wrote to a number of stakeholders seeking their feedback regarding the impact of the gazetted public half day holiday for the Coffs Harbour Gold Cup. Council received 94 submissions with the majority supporting the retention of the part day public holiday.

 

 

Recommendation:

That Council applies for a part day public holiday (12 noon to 5.30pm) on the first Thursday in August for the Coffs Harbour Gold Cup on an ongoing basis.

 

 

Report

Description of Item:

Since 1971, Coffs Harbour City Council has annually applied for and has been granted a half day public holiday for the Coffs Harbour Gold Cup.  This event is hosted by the Coffs Harbour Racing Club and is held every year on the first Thursday in August. In 2013, Council sought stakeholder feedback and subsequently applied for a part day Public holiday, rather than a half day.  This resulted in council annually applying for this public holiday commencing at 12 noon and concluding at 5:30PM, rather than concluding midnight for the Gold Cup.

 

In order for Council to apply to the Minister for the ‘local public holiday’ or a ‘local event day’ the NSW Treasury Department requires Council to follow the Guidelines for Local Public Holiday and Local Event Day Applications.  These Guidelines require Council to be mindful of the potential impact the application will have upon the businesses and communities located within the Local Government Area.

 

In response to the Council resolution on 11 August 2016, Council wrote to the following to seek feedback and comments on the impact of the gazetted public half day holiday for the Coffs Harbour Gold Cup:

 

·    Local schools

·    Local bus companies

·    Local bank branches

·    Local Traffic Committee

·    Coffs Harbour Chamber of Commerce

·    Sawtell Chamber of Commerce

·    Woolgoolga & Northern Beaches Chamber of Commerce

·    Destination Coffs Coast Committee

·    Coffs Harbour Racing Club & Function Centre

·    Australian Hotels Association (NSW)

·    Coffs Harbour Liquor Accord

 

In addition to the above, the Coffs Harbour Chamber of Commerce sought feedback directly via their column in the local newspaper. Some community members chose to send their submission to Council directly. These have also been included in the decision making process.

 

Council received 94 submissions (provided in the confidential attachment). Details of the stakeholder feedback are discussed in the consultation part of this report.

Issues:

During consultation, Council received submissions from two stakeholders who thought Council was seeking to apply for a public holiday for the rescheduled Coffs Harbour Gold Cup on 9 December 2016.  Council will not be seeking to apply for a part day public holiday for this date.

Options:

1.   Adopt the recommendation to retain the part day public holiday for the Coffs Harbour Gold Cup Race day.

2.   Amend the recommendation and apply for a local event day for the Coffs Harbour Gold Cup Race day.

3.   Reject the recommendation and do not apply for either the part day public holiday or local event day for the Coffs Harbour Gold Cup Race day

Sustainability Assessment:

•     Environment

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

•     Social

There is evidence of community spirit during the week preceding the Coffs Harbour Gold Cup.

•     Civic Leadership

The nomination of this type of event in consultation with stakeholders is consistent with the 2030 plan strategy - LC 4 We have many opportunities to enjoy life together and LC 4.4 Develop inclusive community, sporting and recreational activities.

•     Economic – Broader Economic Implications

There are no economic implications to Council directly as a result of this report.

•     Delivery Program/Operational Plan Implications

As this has been declared a half day public holiday for over 40 years, council as an organisation has accounted for the staff time ongoing within the annual budgeting process. Should the Council decide that a local event day is more appropriate, it is suggested that as a policy decision Council continue to close for the afternoon to allow staff to support the event. This would not have any implications for the delivery program or operational plan as it currently stands. 

Risk Analysis:

There is a potential for reputational risk to Council associated with this report. Regardless of what decision Council makes, there may be some dissatisfaction within the community.

Consultation:

The following is a table to provide indicative stakeholder views based on the number of submissions:

Stakeholder Preference

No.

Support part day public holiday      

56

Support half day public holiday      

1

Support full day public holiday        

3

Support local event day        

21

Do not support the public holiday   

5

Thought submissions where regarding the rescheduled race day on 9 December 2016

2

Support public holiday for another event

1

Did not list a preference

5

Total

94

 

The majority of the submissions were in favour of retaining the part day public holiday. When assessing the response from businesses only, the majority supported the continuation of a part day public holiday. Additionally, the results of an online petition including comments supporting the part day public holiday was submitted.

 

Reasons for supporting the part day public holiday included:

 

·    Coffs Harbour Gold Cup is seen as a significant community event

·    Positive local economic boost

·    important annual opportunity to reward staff and team build

·    Important broader social and economic benefits

·    Community looks forward to the event

·    Businesses use the event a networking opportunity with (including with out of town and interstate patrons)

·    Concerns regarding the viability of the Coffs Harbor Racing Club without a public holiday

·    Concerns that the event and patronage would decline without a public holiday.

·    Concerns regarding the impact on some related businesses due to reduced patronage

 

The reasons provided in favour of a local event day included:

 

·    Financial impact including staff penalty pay rates

·    Desire for business to choose and negotiate opening/closing hours and staffing

·    Inconvenience to customers

·    An event day would be less disruptive to parents and schools

·    The public holiday supports gambling and alcohol/drug consumption

·    Attendance is a small percentage of the community

·    The event is not ‘family friendly’

·    Economic and productivity slow down and inconvenience

 

Council received nine submissions from schools and one from a bus company. Whilst two schools indicated their support for the part day public holiday, most did not state a preference for either a local public holiday or a local event day. Their feedback mostly detailed the negative impacts of the part day public holiday which included:

 

·    Significantly lower student attendance on the day

·    Stress and disruption to parents who need to leave work early to pick up their children and concern if a child is not picked up

·    Complaints from parents

·    Confusion for the bus company due to differences between each schools hours

·    Increased costs for the bus company due to penalty rates

 

Related Policy, Precedents and / or Statutory Requirements:

Public Holidays Act 2010

 

Guidelines for Local Public Holiday and Local Event Day Applications issued by NSW Treasury.

Implementation Date / Priority:

Immediate.

Conclusion:

It is recommended that Council continues to apply for an annual part day public holiday for the Coffs Harbour Gold Cup.

 

 


Ordinary Council Meeting Agenda                                                      8 December 2016

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Ordinary Council Meeting Agenda                                                    8 December 2016

GM16/24      Audit & Risk Committee - Annual report to Council and appointment of Councillor and Independent  external representatives.

Author:                        Group Leader Governance

Authoriser:                  General Manager

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

Attachments:              ATT1  GM16/24  Audit and Risk Committee 2016 Annual Report  

 

Executive Summary

The Audit and Risk Committee is an advisory committee that provides independent assurance and assistance to Council.

 

The 2015/16 Audit and Risk Committee voting members were made up of a Councillor representative and three external members.  Under the committee’s charter it is required to report annually to Council on its achievements and activities.  The report of the committee for this period  is attached.

 

This report also seeks to nominate Councillor and independent community representation to the committee for the ensuing four years.

 

 

Recommendation:

That Council:

1.       Note the report from the external representatives of the Governance and Audit Committee.

2.       Confirm the appointment of Barry Ford, Paul Tipper and Chris Jones as the independent external community representatives.

3.       Nominate a Councillor to the Audit and Risk Committee.

 

 

Report

Description of Item:

The objective of the Governance and Audit Committee is to provide independent assurance and assistance to Coffs Harbour City Council on risk management, control, governance and external accountability responsibilities.  Under the Committee’s charter, they report annually to Council on their activities.  The report of the Committee is attached for noting.

 

The current Audit and Risk Committee charter states that the external members of the committee are eligible for reappointment in the following term of council.  The three members for the 2012 – 2016 period were all contacted in late August and all confirmed they would seek reappointment.  Each of the independent members bring different skills and experiences to the committee, assuring the independence and oversight role that the members have.  The performance of the committee has been exemplary throughout this period, thereby the reappointment of Mr Barry Ford, Mr Paul Tipper and Mr Chris Jones is recommended.

 

At the ordinary Council meeting on the 13 October 2016, Council did not nominate Councillor representatives as the affect of the changes to the Local Government Act (amendment no.30) were not known.  Since that time communications with the Office of Local Government and the Local Government Internal Auditors Network have revealed it may be some time before the draft revised Internal Audit Guidelines are released.  For this reason Councillor nominations are now sought to enable the Audit & Risk Committee to continue its function pending the release of the Guidelines.

Issues:

The Office of Local Government (OLG), in its current guidelines recommends that the Mayor is not the elected member representative on this committee.  The Charter currently states one nominated Councillor, with the current OLG guidelines stating the membership should comprise of a majority of independent members.  This means that if Council choses to alter the Charter and nominates two Councillor representatives and one of the independent members is unable to attend a meeting, the meeting will need to be rescheduled.

 

The Governance and Audit Committee meets once a quarter during business hours.

Options:

1.    Adopt the recommendation provided.

2.    Amend recommendation provided to Council and then adopt. This could be by nominating two Councillors to the Committee.

Sustainability Assessment:

•     Environment

Not applicable to this report

•     Social

The advice provided by committees is invaluable as a consultative and information sharing mechanism

•     Civic Leadership

The purpose of the Audit and Risk Committee is to ensure transparency and accountability in local government. This is consistent with the Coffs Harbour 2030 Community Strategic Plan strategy LC3.1 Council supports the delivery of high quality, sustainable outcomes for Coffs Harbour

•     Economic – Broader Economic Implications

The recommendations contained in this report have no broad economic impact.

•     Economic - Delivery Program/Operational Plan Implications

There are no impacts on the delivery program or operational plan associated with the implementation of the recommendations. The sitting fees paid to the independent members of the committee are budgeted within the current delivery program and operational plan.

Risk Analysis:

Not applicable to this report.

Consultation:

Not applicable to this report.

Related Policy, Precedents and / or Statutory Requirements:

The proposed revised Internal Audit Guidelines under which this committee will operate are Director General’s guidelines for the purposes of section 23A of the Local Government Act 1993.

Implementation Date / Priority:

Immediate.

Conclusion:

It should be noted that Coffs Harbour City Council has effectively had an Audit and Risk Committee for some ten years. The Local Government Act 1993 has only recently been amended to requirte all Councils in NSW to have such a committee. These recent amendments to the Act have seen the legislation acknowledge the importance of the role this committee potentially fulfils.

 

The appointment of a Councillor and independent committee members to the Audit and Risk Committee will fullfil the requirements of this committee and the  Audit and Risk Committee charter.

 

 

 


Ordinary Council Meeting Agenda                                                      8 December 2016


 


 


 


 


Ordinary Council Meeting Agenda                                                    8 December 2016

GM16/25      Council Committees - Membership Applications

Author:                        Governance Coordinator

Authoriser:                  General Manager

Coffs Harbour 2030:   LC1 Coffs Harbour is a strong, safe and adaptable community

Attachments:              Nil

 

Executive Summary

The purpose of this report is to recommend the appointment of nominated community members to a number of different s355 council committees.

 

 

Recommendation:

That Council appoints:

1.       Wendy Partridge to the Woolgoolga Community Village Hall Venue Management Committee.

2.       Christine Langley to the Toormina Community Centre Venue Management Committee.

3.       Stephen Hayes to the Nana Glen Sport, Recreation & Equestrian Centre Venue Management Committee.

 

 

Report

Description of Item:

As part of the normal functioning of Council Committees, community members are nominated to fill vacant positions within each committee. For nominees to be appointed, they need to be ratified by Council. This report is to recommend the appointment of community members to the following committees:

 

·    Woolgoolga Community Village Hall Venue Management Committee

·    Toormina Community Centre Venue Management Committee

·    Nana Glen Sport, Recreation & Equestrian Centre Venue Management Committee

Issues:

All nominations are determined and approved through each committee’s applicable terms of reference.

Options:

1.    Adopt the recommendation provided to Council

2.    Amend the recommendations or seek clarification – Council may wish to be provided with further information on one or more nominees. In this case, a nominees appointment would be placed on hold until more detailed information is provided to Council.

3.    Reject the recommendation provided to Council – this may result in Council missing the opportunity to effectively engage the assistance of this community member.

Sustainability Assessment:

•     Environment

There are no environmental issues associated with this report.

•     Social

Appointing community members to Council committees recognises and uses the valuable contribution the community makes for the effective provision of Council’s functions.

•     Civic Leadership

This approach is addressed in Coffs Harbour 2030 through:

 

-  LC1.1 Build pride and identity in Coffs Harbour as a community and a place

-  LC1.4 Promote a caring, inclusive and cohesive community

-  PL2.2 Provide public spaces and facilities that are accessible and safe for all

•     Economic – Broader Economic Implications

There are no economic implications of the recommendations in this report.

•     Economic - Delivery Program/Operational Plan Implications

There are no Delivery Program or Operational Plan implications from the recommendations in this report. However, the time and assistance given to Council by volunteers represents significant cost savings to the organisation.

Risk Analysis:

There are no specific risks associated with the appointment of committee members.  All volunteers are required to sign and comply with Council’s Code of Conduct.

Consultation:

All recommended appointments are consulted within each relevant committee in accordance to their terms of reference.

Related Policy, Precedents and / or Statutory Requirements:

Council committees are created under section 355 of the Local Government Act 1993.

Implementation Date / Priority:

Immediate

Conclusion:

Council appreciates the work that all committees and volunteers contribute to Council and the community and this report seeks approval from Council for the appointment of these nominees.

 

 

 


Ordinary Council Meeting Agenda                                                    8 December 2016

GM16/26      Submissions Policy

Author:                        Governance Coordinator

Authoriser:                  General Manager

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

Attachments:              ATT1  GM16/26  Submissions Policy  

 

Executive Summary

Council is required by various statutes to place certain matters or proposals on public exhibition and take into consideration any public submission made during an exhibition period.

 

In addition, Council welcomes submissions from members of the community and industry stakeholders on non statutory matters or proposals as this feedback is critical in Council’s achievement of informed and transparent decision making.

 

The purpose of this report is to seek the adoption of a Submissions Policy to assist those in making a submission and to ensure that Council’s consideration of submissions is fair and consistent across the organisation.

 

 

Recommendation:

That Council adopt in principle the attached Submissions Policy and place on exhibition for a period of 28 days seeking feedback to enable Council’s final determination on this matter.

 

 

Report

Description of Item:

Council is required to seek public submissions on a variety of matters across all areas of council business.

 

The Local Government Act 1993 identifies certain matters or proposals which are statutorily  required to be placed on public exhibition, such as the community strategic plan, delivery program, operational plan, and a variety of policies.

 

The Environmental Planning and Assessment Act 1979 and associated regulations identify certain types of development which are required to be publicly notified such as designated development, state significant development and other advertised development.

 

Various pieces of NSW legislation also prescribe formal notification processes as part of the preparation of road naming, local environmental plans, development control plans, developer contribution plans and plans of management.

 

In addition to statutory notification processes, Council regularly engages with the public on a number of non statutory matters or proposals such as growth strategies, town centre masterplans, public realm improvements, open space strategies and sports facility plans.

 

The purpose of this report is to seek the adoption of a Submissions Policy to assist those in making a submission and to ensure that Council’s consideration of submissions is fair and consistent across the organisation.

Issues:

There are a number of ways in which submissions can be made to Council, either electronically through email, Council’s website or online engagement platforms, or through a written submission lodged in person or by post.  There are also various types of submissions which Council may receive such as individual submissions, joint submissions, petitions and pro-forma submissions.

 

For certain matters or proposals that are of significant public interest, Council may receive a petition or a number of pro-forma submissions lodged in bulk by one or more individuals.  This policy seeks to standarise the manner in which these are considered and dealt with.

 

The Submissions Policy has been prepared to ensure that Council’s decision making is based on the merits of the issues raised by submissions as opposed to the total number of submissions received.  The policy also aims to ensure that the signatories of petitions and/or pro-forma submissions are legitimate and are well informed on the subject matter or proposal.

Options:

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

 

1.    Support the recommendation in this report and adopt the Submission Policy for the purpose of exhibition at this stage; or

2.    Amend the recommendation in this report and/or elements of the policy; or

3.    Reject the recommendation

Sustainability Assessment:

•     Environment

The recommendation of this report is unlikely to result in any environmental issues.

•     Social

The recommendation of this report is unlikely to result in any social issues.  Providing consistency in the way in which public submissions are considered across the organisation will provide certainty to the community and industry stakeholders.

•     Civic Leadership

The implementation of a submission policy across the organisation will improve community engagement activities delivered by Council through consistency in the consideration of submissions.  Additional benefits may be realised through efficiencies gained from streamlined registration, acknowledgement and considerations of submissions.

•     Economic – Broader Economic Implications

Efficiencies may be realised across the organisation through improved processes relating to the registration, acknowledgement and reporting of submissions based on demarcated submission types and legitimate contact details for submission authors.

•     Economic - Delivery Program/Operational Plan Implications

There are no economic implications associated with this report.

Risk Analysis:

There are no specific risks associated with the adoption of the recommendation of this report.

Consultation:

The Submission Policy has been prepared in consultation with various staff within the organisation responsible for the consideration and/or processing of public submissions.

Related Policy, Precedents and / or Statutory Requirements:

Crown Lands Act 1989

Crown Lands Regulation 2006

Environmental Planning and Assessment Act 1979

Environmental Planning and Assessment Regulation 2000

Coffs Harbour Development Control Plan 2015

Government Information (Public Access) Act 2009

Government Information (Public Access) Regulation 2009

Local Government Act 1993

Local Government (General) Regulation 2005

Privacy and Personal Information Protection Act 1998

Privacy and Personal Information Protection Regulation 2014

Roads Act 1993

Roads Regulation 2008

Implementation Date / Priority:

Once the policy has completed the proposed exhibition period, a report will be provided for Council summarising any submissions received.  Once this report has been considered, potentially in February 2017, the Submissions Policy can be implemented forthwith.

Conclusion:

Council’s achievement of informed and transparent decision making is reliant on feedback from members of the community and industry stakeholders.  It is therefore critical that clear guidelines are available to assist those in making a submission on a matter or proposal and to ensure that Council’s consideration of such submissions is fair and consistent across the organisation.  Adoption of the recommendation of this report will ensure that this is achieved.

 

 

 


Ordinary Council Meeting Agenda                                                      8 December 2016

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Ordinary Council Meeting Agenda                                                    8 December 2016

NOM16/27   Aboriginal Employment Policy

Attachments:          Nil

 

Motion:

Councillor Townley has given notice of her intention to move the following:

1.    "That Council includes an Aboriginal Employment Policy as part of its Workforce Resourcing Strategy.  The Policy should include actions and goals for intake and retention of Aboriginal employees at all career levels, training opportunities, support programs and any other mechanisms considered appropriate.

2.    That Strategy 4 in the Equal Employment Opportunity Management Plan (August 2013) be revised to reflect a stronger intake and retention of Aboriginal employees."

 

 

Rationale:

Aboriginal employment in many organisations falls well below levels which could be expected on a pro rata percentage of population.  Coffs Harbour City Council can display leadership and be an agent for social change through its employment policies. Inclusion of a strong Aboriginal Employment Policy as part of its overall Workforce Resourcing Strategy could be a vital pathway to reaching community aspirations in this area.

Staff Comment:

Council currently maintains a commitment to indigenous employment and this is planned to be reviewed as part of the Workforce Resourcing Strategy.  The exact details of any changes/improvements, such as the requested goals and programs etc, have not yet been scoped; however, they will be included in the relevant plan.

 

As part of Council’s staff related strategies and policies to be reviewed there is an Aboriginal Employment Strategy. Similarly, the EEO Management Plan which underpins the EEO Policy will be reviewed in the next six months.

 

The Aboriginal Employment Strategy comprises seven objectives as follows and includes enabling strategies for each objective.

 

1.    Council will examine the demographics of the city and develop a strategy to ensure the ratio of Aboriginal populace is represented within the staff of Council.

2.    Council will identify positions within Council suitable to cater to the needs of Aboriginals.

3.    Council will liaise with appropriate authorities to determine the number of Aboriginal people actively seeking employment.

4.    Council will liase with appropriate authorities to determine available funding for successful applicants.

5.    Skill levels of identified Aboriginals will be analysed and compared to available positions.

6.    Recruitment processes will be targeted towards Aboriginal people and linked to the EEO management plan.

7.    Training of successful applicants will form part of the EEO Management Plan and Council’s training plan.


Ordinary Council Meeting Agenda                                                    8 December 2016

NOM16/28   Review of Investment Policy - Ethical and Environmental considerations

Attachments:              Nil

 

Motion:

Councillor Townley has given notice of her intention to move the following:

"That Council investigate amending its Investment Policy to include environmental and ethical objectives.  Additions to the policy for investigation could include;

a.   giving preference to financial institutions which embody sustainable objectives

b.   consider divestment from institutions which finance fossil fuel projects."

 

 

Rationale:

“Coffs Harbour City Council has committed to a series of actions to reduce its impact on climate change.  A further step could be prioritising investments away from institutions which are financiers for fossil-fuel based projects.  Many Councils and other bodies are refining their investment strategies to bring market pressure to the move from fossil fuel based energy sources to renewable energy.  CHCC should review its own Investment Policy to determine whether it reflects Council and community goals in terms of climate change action.”

Staff Comment:

Council’s Investment Policy is scheduled to be reviewed as part of the overall review of Council’s policies following the election of the new Council.  As part of the review of Council’s Investment Policy, environmental and ethical objectives can be considered and reported to Council and the review can include consideration of giving preference to financial institutions which embody sustainable objectives.  The review can also include the consideration of divestment from institutions which finance fossil fuel projects.

 

 

  


Ordinary Council Meeting Agenda                                                    8 December 2016

BS16/40       Quarterly Budget Review Statement for September 2016

Author:                        Group Leader Financial Services and Logistics

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS16/40   Four Year Consolidated Income Statement

ATT2  BS16/40   Income and Expenditure Budget by Cost Centre

ATT3  BS16/40   Cash and Investment Position

ATT4  BS16/40   Capital Expenditure Budget

ATT5  BS16/40   Capital Funding Budget

ATT6  BS16/40   Key Performance Indicators

ATT7  BS16/40   Part A - Contracts

ATT8  BS16/40   Part B - Consultancy and Legal Expenses  

 

Executive Summary

The Office of Local Government has developed a minimum set of budget reports to assist Council in meeting their legislative requirements under Clause 203 of the Regulation. This regulation requires a council’s responsible accounting officer to submit quarterly budget review statements to the governing body of Council. These minimum statements are contained within the attachments to this report.

 

The responsible accounting officer advises that the Quarterly Budget Review Statement indicates the financial position of the Council is satisfactory, having regard to the projected estimates of income and expenditure and the original budgeted income and expenditure.

 

This report summarises the proposed budget adjustments for the quarter and the impact upon the projected budget position for the current financial year.

 

 

Recommendation:

That Council:

 

1.    Note the Quarterly Budget Review Statements and the following estimated budget position as at 30 September 2016;

 

2016/17 Original Budget 

2016/17 Revised Budget

2016/17 Projected Budget

2016/17 Sep YTD Actuals

 

‘000s

‘000s

‘000s

‘000s

Recurrent Revenue

 

 

 

 

Rates & Annual Charges

$86,781

$86,781

$86,785

$88,737

User Charges & Fees

$33,104

$33,105

$28,249

$7,024

Interest & Investment Revenue

$5,700

$5,730

$5,828

$1,175

Other Revenues

$8,152

$8,253

$13,091

$3,014

Grants & Contributions provided for Operating Purposes

$20,924

$21,090

$21,474

$2,861

RECURRENT REVENUE

$154,661

$154,959

$155,427

$102,811

2016/17 Original Budget 

2016/17 Revised Budget

2016/17 Projected Budget

2016/17 Sep YTD Actuals

 

‘000s

‘000s

‘000s

‘000s

Recurrent Expenditure

 

Employee Benefits & Oncosts

$37,814

$37,849

$37,651

$9,477

Borrowing Costs

$11,498

$11,498

$11,498

$1,396

Materials & Contracts

$54,123

$56,984

$57,709

$8,958

Depreciation & Amortisation

$44,767

$44,767

$44,767

$11,192

Other Expenses

$12,236

$12,236

$12,284

$2,926

 

 

 

 

 

RECURRENT EXPENDITURE

$160,438

$163,334

$163,909

$33,949

 

 

 

 

 

NET OPERATING (DEFICIT)

($5,777)

(8,375)

($8,482)

$68,862

 

 

 

 

 

Capital Revenue

 

Capital Grants, Subsidies, Contributions and Donations

$24,317

$31,684

$31,317

$2,742

 

 

 

 

 

CAPITAL REVENUE

$24,317

$31,684

$31,317

$2,742

 

 

 

 

 

NET SURPLUS

$18,540

$23,309

$22,835

$71,604

 

2.    Approve the budget adjustments included in this Report with a net value of $141,928.

 

Report

Description of Item:

As part of the Integrated Planning and Reporting (IP&R) Framework for local government, the Office of Local Government has developed a minimum set of budget reports to assist Council in meeting their legislative requirements.  These documents are collectively known as the Quarterly Budget Review Statement (QBRS) and form part of the framework of Clause 203 of the Regulation. This regulation requires a Council’s Responsible Accounting Officer to submit quarterly budget review statements to the governing body of Council. These minimum statements are contained within the attachments to this report.

 

Following is a list of recommended variations for the Quarter ending 30 September 2016 for the consideration of the Council. These variations are reflected in the projected budget as presented in the estimated budget position as at 30 September 2016 contained within the recommendation.

 

This is the first year that the Council has been presented with a budget in accrual format so that a direct comparison can be made with the end of year financial statements. The end of year financial statements exclude any internal transactions which may be recorded within our financial system so as to truly reflect our financial position. An example of such a transaction would be where the Council charges itself Rates for a property it owns. For financial statement preparation, such a transaction would be excluded from the financial statements.

 

Recommended variations for quarter ending 30 September 2016

 

OPERATING

 

Shortfall in funding for donations and rate subsidy program – per Ordinary Meeting 11/8/16 Resolution 189

11,863

 

 

To bring to account surplus Financial Assistance Grant funding in line with actual allocation.  The Local Government Grants Commission has notified Council of the recommended annual grant of $6,957,535 on 15/8/16. Council estimated in its 16/17 Operational Plan an amount of $6,947,600

(9,935)

 

 

Extension of funding for Coffs Harbour Visitor Information Centre for a six month period until 29 January 2017 – Ordinary Meeting 11/8/16 Resolution 189

140,000

 

 

Funding from Office of Local Government (OLG) for the implementation of the Emergency Services Property Levy through property rating

72,500

Receipt of funding cheque from OLG

(72,500)

 

 

Introduction of recycling at CEX Coffs International Stadium and Coffs Coast Sport and Leisure Park, fully grant funded

11,296

Keep Australia Beautiful Beverage Recycling Grant

(11,296)

 

 

Coffs Harbour marina storm affected business support project, fully grant funded

10,000

Department of Industry grant for marina storm event

(10,000)

Total Operating

141,928

 

 

CAPITAL

 

Active Transport Program 16/17 grant funding approvals:

 

–    Develop cycleway between West Coffs (Shepherds Lane) and Coffs Harbour CBD (Pacific Highway)

45,550

–    Active Transport funding grant (75%)

(34,125)

–    Councils 25% funding from Special Rate variation footpaths and cycleways allocation

(11,375)

 

 

–    Develop cycleway on Solitary Islands Way

25,000

–    Active Transport funding grant (75%)

(18,750)

–    Councils 25% funding from Special Rate variation footpaths and cycleways allocation

(6,250)

 

 

–    Construct cycleway on Rose Ave from Marcia St to Melittas Ave

101,390

–    Active Transport funding grant (100%)

(101,390)

 

 

–    Design pedestrian refuge along Arthur St, Coffs Harbour

8,000

–    Active Transport funding grant (100%)

(8,000)

 

 

–    Construct kerb ramps at intersections along Pacific highway at Argyle St, Wentworth St and Bailey Ave

17,220

–    Active Transport funding grant (100%)

(17,220)

 

 

–    Improve pedestrian amenity from Orlando St to Coffs CBD

66,560

–    Active Transport funding grant (50%)

(33,280)

–    Councils 50% funding from Special Rate variation footpaths and cycleways allocation

(33,280)

 

 

William Sharpe Drive bridge roadworks improvements, including survey and design – funded by Developer Contributions (S94 reserve)

50,000

S94 reserve funding

(50,000)

 

 

Construction of multi-purpose half court within the Graff Avenue Reserve Toormina, funded:

61,600

–    Social Housing Community improvement fund grant

(50,000)

–    Council funding allocated with Drainage improvements program

(11,600)

 

 

Bridge Renewal Program:

 

–    Seccombes Bridge Central Bucca Road total funding $682,000. RMS 16/17 grant approval for $30,000 (a further $311,000 approved in 17/18) Councils matching funding already approved within 16/17 bridge renewal program

30,000

–    RMS grant Seccombes Bridge

(30,000)

 

 

–    Taylors Bridge, RMS 16/17 grant approval for $30,000 (a further $150,000 approved in 17/18)

30,000

–    RMS grant Taylors Bridge

(30,000)

 

 

Fixing Country Roads Project, validation of maximum load limits for Council’s Regional Road bridges. Specifically 19 high priority road bridges within the Coffs Harbour LGA, including:

–    MR 151 (Orara Way)

–    MR 120 (Eastern Dorrigo Way)

–    MR 540 (Lyons Rd, First Ave, Hogbin Dr)

–    MR 7745 (Hogbin Dr North, Arthur St)

–    MR 7741 (Stadium Dr)

275,000

Fixing Country Roads grant funding

(175,000)

Councils contribution funded from 15/16 revoted (unspent) bridge program

(100,000)

 

 

 

 

Costs to transition to the new Visitor Information Services model

100,000

Transfer from Transfer to Sustainability reserve funds

(100,000)

 

 

Total Capital

Nil

 

 

Operating

141,928

Capital

Nil

TOTAL

141,928

 

Issues:

This report is tabled to meet Council’s statutory requirements.

Options:

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

 

1.   Adopt the recommendation provided to Council.

2.   Amend the recommendation provided to Council and then adopt.  This may impact upon the projected bottom line budgeted position.

3.   Reject the recommendation provided to Council.  This would revert the budget back to its original position prior to the recommendation being sought.

Sustainability Assessment:

•     Environment

There are no perceived short or long-term environmental impacts.

•     Social

There are no perceived short or long term social impacts.

•     Civic Leadership

Council strives to reach a balanced budget position by June 30 each year in conjunction with meeting its short term priorities.

•     Economic – Broader Economic Implications

This report assesses the current year’s projected budget position only. Any variations approved by Council are subsequently reflected in Council’s Delivery Program and may affect future economic sustainability.

•     Economic – Delivery Program/Operational Plan Implications

The original adopted budget for 2016/17 provided a surplus of $18,540,000 and a deficit of $5,777,000 before capital revenue.  The budget adjustments recommended in this report, together with revotes previously approved by Council, result in a projected budget surplus of $22,835,000 and a deficit of $8,482,000 before capital revenue.

Risk Analysis:

Not Applicable.

Consultation:

Group Leaders and their relevant staff have reviewed their budgets by cost centre in consultation with Finance Business Partners.  Requested variations and variations adopted by Council have been included in the report.

Related Policy, Precedents and / or Statutory Requirements:

Under local government regulations the responsible accounting officer is required to submit a quarterly budget review to Council.

Implementation Date / Priority:

The approved variations will be updated in the affected budgets prior to release for review in the following month.

Conclusion:

This report summarises the proposed budget adjustments for the quarter and the impact upon the projected budget position for the current financial year.  The responsible accounting officer believes the Quarterly Budget Review Statement indicates the financial position of the Council is satisfactory, having regard to the projected estimates of income and expenditure and the original budgeted income and expenditure.

 

 


Ordinary Council Meeting Agenda                                                      8 December 2016

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Ordinary Council Meeting Agenda                                                    8 December 2016

BS16/41       Review Of Properties Rated As Farmland

Author:                        Revenue Project Officer

Authoriser:                  Director Business Services

Coffs Harbour 2030:   LP2 We have a strong and diverse economy

Attachments:              ATT1  BS16/41   Review of Rating Category Farmland (Revenue)

ATT2  BS16/41   Farmland Rating Criteria Guidelines

ATT3  BS16/41   Farmland Rating Reivew Letter to Farmland Ratepayers  

 

Executive Summary

The purpose of this report is seek Council’s approval to undertake a review of all properties currently rated under the Farmland rating category using the attached proposed application form and criteria guidelines.

 

This review is deemed necessary due to the State Government’s proposed implementation of a new Emergency Services Property Levy (ESPL).  Also, the majority of properties currently categorised as Farmland have not been holistically assessed for over 17 years and therefore may not be categorised correctly.

 

It should be noted that rating categories are purely for rating purposes under the Local Government Act 1993 and do not necessarily relate to any Council strategy, zoning, location or development entitlement.

 

 

Recommendation:

That Council approves the proposed review of 713 properties currently within the Coffs Harbour City Local Government Area rated under the Farmland category using the attached application form and criteria guidelines.

 

 

Report

Description of Item:

The Local Government Act, 1993 (the Act) requires Councils to categorise all rateable parcels of land within one of four rating categories being Business, Residential, Mining or Farmland.

 

These categories are purely for rating purposes and do not relate to any council strategy, zoning, location or development entitlement.

 

Pursuant to Section 523 (1a, 1b) of the Act, Council may undertake a general review of all or a number of parcels of land if it has reason to believe that a parcel of land should be categorised under a different category.

523    When are the declarations of categories reviewed?

(1)   A council need not annually review a declaration that a parcel of land is within a particular category, but may review a declaration:

(a)   as part of a general review of the categorisation of all or a number of parcels of land, or

(b)   because it has reason to believe that a parcel of land should be differently categorised.

As the majority of properties currently rated under the Farmland category have not been reviewed for over approximately 17 years it is proposed to undertake a review process of all 713 properties (in accordance with Sections 525 to 527 of the Act) to ensure consistent and accurate Farmland rating categorisation is applied across the Local Government Area (LGA).

 

The outcomes of this review process are likely to reflect the reduction in substantial/commercial farming activity over the past 17 years and likely change a number of properties from Farmland to Residential for rating purposes.

 

The criteria to be used to establish if a property is to be classified as residential or farmland for rating purposes has been determined after an extensive review and comparison with surrounding Councils, including Bellingen Shire Council, Clarence Valley Council and Byron Shire Council.

 

Whilst Council’s current rating structure has both Residential and Farmland properties rated under the same ordinary (general) rate, and therefore there is no difference in the ordinary rate levied.  Although Council could elect to change this structure in the future, there is no intent to do so at this time.  However, If this did occur at some point of time it would also be necessary to have the application of property rating categories as accurate as possible.

Issues:

Whilst Council is required to have its properties correctly categorised for rating purposes, from 1 July 2017 the State Government is proposing to implement a new Emergency Services Property Levy (ESPL), which will be paid by all property owners alongside Council rates and will be collected by local Councils.

 

The proposed ESPL will replace the Emergency Services Levy (ESL) which is currently collected as part of all property-based insurance policies and will be based on unimproved land valuations.  Early indications suggest that the proposed different property classifications will incur different ESPL charges with a number of these classifications based on existing rating categories.

 

If an application for ‘Review of Rating Category – Farmland’ is either not returned or deemed not to meet the proposed criteria guidelines, it is likely that those properties will become categorised as Residential for rating purposes after a formal notification process.

 

It should be noted that rating categories are purely for rating purposes under the Act and do not necessarily relate to any Council strategy, zoning, location or development entitlement.

Options:

It is considered that the following options are available to Council:

 

1.    Adopt the recommendation provided to Council, which will enable the review of all properties currently rated under the Farmland rating category using the attached proposed application form and criteria guidelines.

2.    Amend the recommendation provided to Council and then adopt.  This amendment may involve changes to the application form or criteria guidelines.

3.    Reject the recommendation provided to Council; this will mean the Farmland rating categorisation review will not be undertaken at this time. However, the current rating categorisation will continue to contain any inaccuracies.

Sustainability Assessment:

•     Environment

There are no perceived current or future environmental impacts.

•     Social

There are no perceived current social impacts under Council’s existing rating structure.

•     Civic Leadership

It is a legislative requirement of Council to have properties declared under correct rating categories.  The current categorisation of property also ensures a fair and equitable collection of rates and charges across the LGA.

•     Economic – Broader Economic Implications

As Council’s current rating structure has both Residential and Farmland rated properties under the same ordinary (general) rate, there are no broader economic implications of this review.

•     Economic – Delivery Program/Operational Plan Implications

As Council’s current rating structure has both Residential and Farmland rated properties under the same ordinary (general) rate, there are no implications to the Operational Plan and associated budget.

Risk Analysis:

If a ratepayer is dissatisfied with the outcome of the review process, they will be encouraged in the first instance to approach Council for a reassessment of their application.  If on reassessment the ratepayer remains dissatisfied with the outcome they may appeal the decision through the Land and Environment Court.

Consultation:

Consultation has been undertaken with neighbouring Councils to assist in the development of the attached application form and associated assessment guideline.

Related Policy, Precedents and / or Statutory Requirements:

It is a legislative requirement of Council to have properties declared under correct rating categories.  The proposed Farmland rating review will be undertaken in accordance with the Local Government Act 1993.

Implementation Date / Priority:

The review process is proposed to commence upon approval by Council.

Conclusion:

The proposed review of Farmland rating categorisation is deemed necessary due to the State Government’s proposed implementation of a new Emergency Services Property Levy (ESPL).  Also, the majority of properties currently categorised as Farmland have not been holistically assessed for over 17 years and therefore may not be categorised correctly.

 

 


Ordinary Council Meeting Agenda                                                      8 December 2016

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Ordinary Council Meeting Agenda                                                    8 December 2016

NOM16/29   Quarterly Reporting from the CBD Masterplan Committee

Attachments:          Nil

 

Motion:

Councillor Townley has given notice of her intention to move the following:

"That Council receives formal quarterly reports from the CBD Masterplan Committee."

 

 

Rationale:

“The CBD project is complex and important in shaping our city. Through a Special Rate Levy, it is funding a series of projects. There is some concern over delays to projects and rolling over of large amounts of inspect allocated budget from year to year. Quarterly, rather than annual reports would assist Councillors as well as ratepayers and the general public to track progress on these projects.

As a comparison, the Environmental  Levy, which also funds projects from a rate levy, reports quarterly on projects which it funds.

A consistent style and format of reporting would be beneficial.”

Staff Comment:

Quarterly reports can be prepared.

  


Ordinary Council Meeting Agenda                                                    8 December 2016

SC16/62       Bonville Large Lot Residential Investigation Area - Post Exhibition

Author:                        Urban Planner / Designer

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC16/62   Planning Proposal: Bonville Large Lot Residential Investigation Area

ATT2  SC16/62   Bonville Large Lot Residential Developer Contributions Plan 2016

ATT3  SC16/62   Summary of Government and Agency Submissions

ATT4  SC16/62   Government and Agency Submissions

ATT5  SC16/62   Summary of Community Submissions

ATT6  SC16/62   CONFIDENTIAL          Community Submissions

Confidential in accordance with Section 10A(2)(a) of the Local Government Act as it contains personnel matters concerning particular individuals (other than Councillors).  

 

Executive Summary

This report provides Council with the outcome of the exhibition and consultation process associated with a Planning Proposal (PP) (Attachment 1) and draft Developer Contributions Plan (CP) (Attachment 2), applying to the Bonville Large Lot Residential Investigation Area (PP_2015_COFFS_005_00). The report discusses issues raised in Government, agency and community submissions as required by the NSW Department of Planning and Environment’s (P&E) Gateway Determination. These submissions have been both summarised and are provided in full within Attachments 3 to 6.

Parts of the PP (as exhibited) have been amended following assessment and consideration of submissions received by Council during the consultation process. The rationale for these amendments has been discussed in the ‘Issues’ section of this report and in more detail in Attachments 3 and 5.

The only issue raised during the consultation process which has not yet been fully resolved is a request by the Coffs Harbour Local Aboriginal Land Council (LALC) that additional cultural heritage investigations be undertaken. This work has been completed as requested and Council is awaiting signoff of the report by the LALC. Whilst it is not expected that any change to the PP will be required following this consultation, any unforseen issues that arise will be able to be negotiated in conjunction with NSW P&E. Council will forward LALC’s response (once received) to NSW P&E for inclusion in the finalisation of the PP.

The report recommends that Council adopt the revised PP (as an amendment to Coffs Harbour Local Environmental Plan 2013) and CP and proceed to request the Minister of Planning to make the plan. It also recommends that submission writers are notified.

 

Recommendation:

That Council:

1.   Adopt Planning Proposal PP_2015_COFFS_005_00 for the Bonville Large Lot Residential Investigation Area: Version 3 – Post Exhibition (Attachment 1).

2.   Request that NSW Planning and Environment exercise the functions of the Minister under Section 59 of the Environmental Planning and Assessment Act 1979 for the purposes of finalising this Planning Proposal.

3.   Acknowledge that the final response of the Coffs Harbour Local Aboriginal Land Council (once received) will be forwarded to NSW Planning and Environment for inclusion in the finalisation of this Planning Proposal.

4.   Adopt Bonville Large Lot Residential Developer Contributions Plan (Attachment 2), which will come into force upon the amendment of Coffs Harbour Local Environmental Plan 2013 consistent with Planning Proposal PP_2015_COFFS_005_00.

5.   Inform landowners in the Bonville Large Lot Residential Investigation Area who made submissions to PP_2015_COFFS_005_00 of Council’s resolutions.

 

Report

Description of Item:

On 26 November 2009, Council endorsed the Coffs Harbour Local Growth Management Strategy  (LGMS) Rural Residential Strategy Component (RRS), 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.

The RRS identified several candidate areas within the Local Government Area (LGA), one being the Bonville Large Lot Residential Investigation Area, which is located to the west of the Pacific Highway and 10 kilometres southwest of Coffs Harbour Central Business District (CBD). It adjoins the residential areas of Boambee East and North Bonville at its north-eastern extremity.

In the context of the RRS, Council endorsed Bonville as the priority release area.  The RRS also identified particular candidate areas within the overall Bonville Large Lot Residential Investigation Area, which were to be the subject of further consideration by subsequent environmental studies.

On 9 February 2012, Council resolved that:

1.   Council allocate $300,000 from the 2012/13 budget to provide funds for the relevant environmental studies to enable the appropriate lands within the Bonville Rural Residential Candidate area to be rezoned for rural residential purposes.

2.   The allocation of $300,000 in the 2012/13 budget, mentioned above, be expended on the basis of forward funding the relevant environmental studies, with the resultant Developer Contribution Plan for the Bonville Rural Residential area being framed in a manner to recover this investment.

3.   The landholders within the Bonville Rural Residential Candidate area be advised of Council’s decision in this matter.

4.   That Council expedite this matter.

Council engaged consultants to undertake environmental studies to inform a Planning Proposal (PP) for the Bonville Large Lot Residential Investigation Area. 

The majority of land within the Investigation Area is currently used for agricultural purposes. There are existing established R5 Large Lot Residential zoned precincts accessed from Braford Drive and Bonville Station Road.  These areas are mainly used for residential purposes.  Part of the overall Investigation Area is occupied by Bonville Golf Resort.

Figure 1 illustrates the extent of the Bonville Large Lot Residential Investigation Area which was examined via the environmental studies, and the existing land use zoning under Coffs Harbour Local Environmental Plan (LEP) 2013.

Figure 1: Bonville Large Lot Residential Investigation Area

Council’s RRS identified many specific ‘candidate areas’ within the Bonville Large Lot Residential Investigation Area. Three of these candidate areas were excluded from the environmental studies, due to their inclusion in areas identified as “Possible Future Urban Investigation” within Council’s LGMS Our Living City Settlement Strategy Component 2009 or “possible future industrial precinct” by Council’s LGMS Industrial Lands Component 2009. As such, they are not identified by Council’s current planning strategies for large lot residential purposes. All other candidate areas contained within the RRS were investigated during the environmental studies.

On 25 September 2014, a PP for parts of the Bonville Large Lot Residential Investigation Area was reported to Council, with the following resolutions being made:

1.   That Council endorse and forward the subject Planning Proposal to NSW Planning and Environment seeking a "Gateway Determination" for the rezoning of parts of the Bonville Rural Residential Investigation Area.

2.   That subject to the "Gateway Determination" from NSW Planning and Environment, Council place the Planning Proposal on public exhibition.

3.   That subject to the "Gateway Determination" from NSW Planning and Environment, Council place the Draft Bonville Rural Residential Developer Contribution Plan on public exhibition.

4.   That a further report be considered by Council, concerning the outcome of the public exhibition.

5.   That landowners in the Bonville Rural Residential Investigation Area be informed of Council’s decision.

This report makes reference to resolution 4 above. The PP was referred to NSW Planning and Environment (P&E) on 13 October 2014. In February 2015, NSW P&E instructed Council to supply additional information prior to their endorsement of the PP, including further analysis of flood prone lands, regionally significant farmland and potential banana land contamination. Consultants were engaged to undertake the necessary work.

The PP for parts of the Bonville Large Lot Residential Investigation Area was updated as a result of this information, and was forwarded to NSW P&E on 17 July 2015 with a further request for endorsement to place it on public exhibition. Following review of the additional information, NSW P&E issued a Gateway Determination on 11 October 2015 permitting the public exhibition of the PP subject to conditions.  Once the conditions were met, the PP was placed on public exhibition for the period from 20 January to 4 March 2016.

Under the terms of the Gateway Determination, Council was not given authorisation by NSW P&E to exercise its delegation to make the subsequent amendment to Coffs Harbour LEP 2013. This means that Council must request that the Minister for Planning make any resulting LEP amendment.

Issues:

·    Strategy Timeframes

The subject land is located within a Council-endorsed investigation area identified by the Coffs Harbour LGMS Rural Residential Component 2009. Council endorsed Bonville as the Priority Release Area on 26 November 2009. The Bonville Investigation Area is identified as a Priority 2 (Medium Term 2011-2016) investigation area by Council’s Local Growth Management Strategy 2008. The timing of this proposal is therefore consistent with the timeframes outlined by that Strategy.

·    Environmental Findings

The Bonville Large Lot Investigation Area was broken up into a number of candidate areas during the preparation of environmental studies, which were ultimately grouped into four catchment areas. The environmental studies which informed the PP prepared for the Bonville Large Lot Investigation Area identified and addressed environmental constraints in each candidate area. Specific environmental assessments included ecology, flood prone land, acoustics, acid sulfate soils, topography, geotechnical assessment, potentially contaminated land, bushfire risk, traffic movement and access considerations, servicing considerations, European and Indigenous cultural heritage and a visual amenity assessment.

The environmental studies recommended that lands with high ecological value within the Bonville Investigation Area be included in an E2 Environmental Conservation zone or in terrestrial biodiversity map overlays. It identified lands which are suitable for R5 Large Lot Residential zone development and also made recommendations on the minimum lot sizes based on environmental constraints.

·    Economic Feasibility

The environmental studies included an engineering and economic feasibility analysis to identify the future subdivision potential for large lot residential uses within the Bonville Investigation Area. These investigations determined that future subdivision potential is limited by the existing subdivision pattern and location of dwellings; flood prone land; topography; the minimum road construction standard required to meet Council’s standards for access to new large lot residential subdivisions; and the cost of upgrading existing access roads to those standards. A statutory constraint which influences the potential for rezoning is the presence of land identified as ‘Regionally Significant Farmland’ (RSF) by the Department of Primary Industries.

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 will require construction of roads in new developments and upgrading of existing major access roads.

·    Expected Lot Yields

After environmental considerations and economic feasibilities were taken into account by the environmental studies which informed the Planning Proposal, an estimated yield of 340 new allotments is expected to be realised within the Bonville Investigation Area. These lots are proposed to be zoned R5 Large Lot Residential (with a minimum lot size of one hectare) as outlined in the PP. The new lots will be distributed across four catchment areas (Figure 2) consisting of:

  Catchment Area 1 – North East (Williams Road, Herdegen Close, Titans Close, Irvines Road area);

  Catchment Area 2 – North West (Yarraman Road, North Bonville Road, Crossmaglen Road area);

  Catchment Area 3 – South West (Butlers Road, Keoghs Road area); and

  Catchment Area 4 – South East (East Bonville Road area).

·    Areas Proposed to be Rezoned

Should Council resolve to adopt this Planning Proposal, the changes to Coffs Harbour LEP 2013 will consist of the zoning of approximately 482 hectares of land currently zoned RU2 Rural Landscape to R5 Large Lot Residential; and the zoning of approximately 66 hectares of land currently zoned RU2 Rural Landscape to E2 Environmental Conservation. The final layout of proposed zones are shown on Figures 2-5.

 

Figure 2: Proposed zones for lands within Catchment Area 1 – North East.

 

Figure 3: Proposed zones for lands within Catchment Area 2 – North West.

 

 

Figure 4: Proposed zones for lands within Catchment Area 3 – South West.

 

Figure 5: Proposed zones for lands within Catchment Area 4 – South East.

·    Additional Attribute Mapping

The proposed LEP amendment has also made it necessary to update the following attribute maps in Coffs Harbour LEP 2013:

  Minimum Lot Size map (LSZ); and

  Terrestrial Biodiversity (CL2).

All maps which are the subject of this proposed rezoning are included in the PP (Attachment 1) and if the PP is endorsed, will be forwarded to NSW P&E in the appropriate format to allow the plan to be made.

·    Coffs Harbour Development Control Plan 2015

Development in Council’s R5 Large Lot Residential zoned areas is regulated by the following components of Coffs Harbour Development Control Plan (DCP) 2015, contained within:

  Chapter B2 Residential Development Requirements; and

  Chapter C1 Design Requirements.

The land proposed to be rezoned to R5 Large Lot Residential within the Bonville Investigation Area will be subject to the provisions of those chapters, upon the making of the proposed LEP amendment by the Minister for Planning. No changes to the DCP chapters are required as a result of the PP.

·    Bonville Large Lot Residential Developer Contributions Plan (CP) 2016

Costs levied to new developments in the Bonville Large Lot Residential area (estimated at 340 additional allotments in the land proposed to be rezoned) will, upon the making of the LEP amendment by the Minister, be subject to the provisions of Bonville Large Lot Residential Developer Contributions Plan (CP) 2016 (Attachment 2).

The Bonville Investigation Area has been divided into four catchment areas for the purpose of apportionment of Developer Contributions. Proposed contributions (per large dwelling per lot) consist of $8,607 in Catchment 1, $18,180 in Catchment 2, $24,309 in Catchment 3 and $20,996 in Catchment 4. All are well within the statutory cap of $30,000 per new lot, pursuant to s94 of the Environmental Planning and Assessment Act 1979 and Regulation.

·    Government and Agency Submissions

Council has undertaken consultation with Government agencies and stakeholders, consistent with the directions given by the NSW Planning & Environment Gateway Determination. These issues are summarised in the following and provided in more detail in Attachments 3 and 4.

1.   NSW Rural Fire Service (RFS)

NSW RFS has advised Council of no objection to the PP. All matters of concern, namely compliance with Planning for Bush Fire Protection 2006 in relation to relevant development applications, are able to be addressed at the development assessment stage. No change was made to the PP in response to this submission.

2.   NSW Department of Primary Industries (DPI)

NSW DPI expressed concern over potential conflicts between existing and proposed land uses and potential impacts on current agricultural uses and land identified as Regionally Significant Farmland. Comments were also provided on specific candidate areas within the overall Bonville Investigation Area.  No change was made to the PP following consultation with NSW DPI, as any relevant development applications will be subject to referral to NSW DPI when required, as per the development assessment process.

3.   Department of Primary Industries (DPI Water)

NSW DPI Water listed a number of potential impacts upon water supply and licensing, basic landholder rights, riparian management and groundwater as issues associated with the PP in their letter dated 18 December 2015. As a result of this submission, Council has undertaken further consultation with NSW DPI Water, noting that all issues raised can be addressed at the development application stage by the provisions of Coffs Harbour DCP 2015 and by referrals to relevant Government agencies. DPI Water has indicated by letter dated 8 November 2016 that its concerns have been addressed. No change was made to the PP as a result of consultation with DPI Water. 

4.   Office of Environment and Heritage (OEH)

Key concerns raised by the OEH were possible development of high hazard flood areas, the requirements for buffers between potential development zones and land proposed to be zoned E2 Environmental Conservation and the need for consultation with the Coffs Harbour LALC to inform the cultural component of the Aboriginal cultural heritage assessment. The majority of concerns raised by NSW OEH can be addressed by the current provisions of Coffs Harbour LEP 2013, Coffs Harbour DCP 2015 and any relevant State Environmental Planning Policies (SEPPs). Issues concerning Aboriginal cultural heritage have been addressed by Council in consultation with Coffs Harbour LALC as outlined in the following. No change was made to the PP as a result of consultation with the OEH.

5.   Coffs Harbour and District Local Aboriginal Land Council (LALC)

As requested by OEH (Point 4), consultation was undertaken with the Coffs Harbour and District LALC, who advised that the cultural heritage component of the environmental studies did not sufficiently address both tangible and intangible cultural heritage values. Council subsequently engaged an additional report to supplement the findings of the initial environmental studies. Extensive consultation has been undertaken between Council and the LALC Cultural Heritage team.  This work has been completed as requested and Council is awaiting signoff of the report by the LALC. Whilst it is not expected that any change to the PP will be required following this consultation, any unforseen issues that arise will be able to be negotiated in conjunction with NSW P&E. Council will forward LALC’s response (once received) to NSW P&E for inclusion in the finalisation of the PP.

6.   Roads and Maritime Services (RMS)

RMS stated its objection to the Planning Proposal on 24 November 2015. After receipt of this submission, Council undertook entensive negotiations with RMS, who have subsequently advised Council that the issues raised have been addressed, and have withdrawn their objection to the Planning Proposal by letter dated 18 November 2016. No change was made to the PP as a result of consultation with RMS. It may be necessary to refer relevant development applications to RMS when required, as per the development assessment process. 

·    Results of Community Consultation

The PP was also placed on public exhibition for the period from 20 January to 4 March 2016. Council received a total of 73 submissions from the community during this period.  A brief outline of the community submissions is provided below with a more comprehensive  summary of submissions provided in Attachment 5 and Attachment 6 (confidential):

  Full support of the Planning Proposal (Submissions 1-5): total of five submissions.

  Public access provisions to Catchment Area 2 (Submissions 8-37, 39-40, 42-44, 47-49, 57, 66, 68): total of 40 submissions.

  Need/demand for new residential precincts near Bonville Golf Resort (Submissions 8-12, 38): total of 13 submissions.

  Requests to amend mapping of land zoned E2 Environmental Conservation (Submissions 51-56, 58, 63, 64): total of nine submissions

  Request that the proposed E2 zoning of parts of a property included in Catchment Area 2 should be zoned R5, and concern over the accuracy of maps depicting Regionally Significant Farmland (Submission 7).

  Request to amend Draft Developer Contributions Plan, and concern over the accuracy of maps depicting Regionally Significant Farmland (Submission 6).

  Requests for inclusion – supported (Submissions 63, 64, 72): total of three submissions.

  Requests for inclusion – unsupported (Submissions 59-62, 65, 69, 71): total of seven submissions.

  Review of proposed E2 zoning of land located outside of the catchment areas (Submission 67).

  Potential impacts on the existing Braford Park Estate (Submissions 41, 47, 49): total of three submissions.

  Request to reassess the Minimum Lot Size in part of Catchment Area 1 to be less than 1 hectare (Submission 45).

  Request to include land accessed by Cassidys Road in the north west catchment for rezoning, also a request to consider a Voluntary Planning Agreement to generate funds to facilitate subdivision of this part of the north west catchment (Submission 70).

  Request that Council remove the reference to Regionally Significant farmland (RSF) in part of the south west catchment, also to revise Council’s Local Growth Management Strategy (LGMS) – Industrial Lands component, and that the Bonville Large Lot Residential Developer Contributions Plan does not sufficiently explain its inclusions (Submission 73).

Site inspections were undertaken to confirm the content of all submissions. As a result, various properties were recommended for inclusion and the PP has been amended in response to these submissions. Other requests for inclusion have not been supported following that assessment and the PP has therefore not been amended in respect of these submissions.

It is considered all issues raised in submissions have been assessed. The PP has been modified in response to all appropriate requests. It is considered that there are no outstanding issues which will preclude the progression of this Planning Proposal to rezoning.

Options:

Council has at least three options available relating to this PP and CP, including:

1.   Resolve to adopt the recommendation to support the PP and forward it to NSW P&E for making; along with the adoption of the CP (Attachments 1 and 2) as written.

Comment: This option provides for the development of up to 340 R5 Large Lot Residential zoned lots (1 hectare in size) at Bonville, which is approximately 10 years supply of landstock based on current take up rates.

2.   Resolve to amend the PP and CP, but with amendments or alternatives to the content of this report.

Comment: These options, and their implications, have not been considered in this report.

3.   Resolve not to proceed with the PP and CP.

Comment: This option will mean that the land within the four recommended catchments of the Bonville Investigation Area wil remain zoned as RU2 Rural Landscape, with a 40 hectare minimum lot size.

This report recommends that Council pursue Option 1 as outlined.

Sustainability Assessment:

•     Environment

Environmental sustainability issues have been considered and addressed through the studies undertaken for the Bonville Investigation Area including:

-      Flora and fauna assessment;

-      Acid sulfate soils analysis;

-      Geotechnical assessment;

-      Bushfire hazard management report;

-      Flood Prone land assessment;

-      Visual and acoustic analysis;

-      Contaminated land assessment; and

-      Archaeology (Indigenous and post-settlement).

•     Social

Social sustainability issues have been considered and addressed through the studies undertaken for the Bonville 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 recommendations of the PP anticipate an increase in infrastructure expenditure if the rezoning and resultant development occurs.  This mainly concerns upgrading the main service roads and proposed roads within new subdivisions.  The funding is to be generated by developer contributions, which are proposed to be levied under the provisions of Bonville Large Lot Residential Developer Contributions Plan (Attachment 2).

This PP is included in Council’s Operational Plan.  There will be no immediate impact on the Council’s Operational Plan.

Risk Analysis:

The Bonville locality has been identified as a significant Large Lot Residential (rural residential) growth precinct.  While infrastructure such as reticulated water and sewer services will not be required, the potential increase in dwellings and population will require construction of roads in new developments and upgrading of existing major access roads. These will be funded by the Developer Contributions Plan. This PP is considered to be of low risk to Council and has no detrimental impacts on Council’s Management and Operational Plans.

Consultation:

The Gateway Determination issued by NSW P&E determined that consultation with the following Government agencies was required:

·      NSW Rural Fire Service (RFS);

·      NSW Department of Primary Industries;

·      NSW Department of Primary Industries (Water);

·      NSW Office of Environment and Heritage (OEH);

·      Coffs Harbour and District Local Aboriginal Lands Council (LALC); and

·      Roads and Maritime Services (RMS).

The Gateway Determination also stipulated that the PP be exhibited for a minimum of 28 days. It was placed on public exhibition for the period from 20 January to 4 March 2016. The PP and all other documents were available for viewing on Council’s website, at Council’s Administration Building and at the Bonville General Store. Two community information sessions were also held at Bonville Memorial Hall, on 10 and 23 February 2016. Council received a total of 73 submissions to the PP from the community in response to the exhibition.

Summaries of all submissions received are included as summaries and in full (Attachments 3-6). The community submissions are included as a confidential attachment to this report (Attachment 6), as they contain personal and private information that is not appropriate to be fully disclosed under the Privacy and Personal Information Protection Act 1998.

Related Policy, Precedents and / or Statutory Requirements:

The following policies and statutory documents are relevant to this report, and have been addressed by the Planning Proposal:

·      Coffs Harbour Local Environmental Plan 2013;

·      Coffs Harbour Development Control Plan 2015;

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

·      Coffs Harbour Local Growth Management Strategy – Industrial Lands Component 2009;

·      Coffs Harbour Local Growth Management Strategy - Rural Residential Strategy Component 2009;

·      Planning for Bush Fire Protection 2006;

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

·      Draft North Coast Regional Plan 2016

·      State Environmental Planning Policies (SEPPs);

·      NSW P&E Section 117 Ministerial Directions;

·      Environmental Planning and Assessment Act 1979 and Regulations;

·      Coffs Harbour 2030 Plan;

·      Land Use Conflict in Rural Areas; and

·      Coffs Harbour City Koala Plan of Management 1999.

The Bonville Large Lot Residential Planning Proposal and Developer Contributions Plan have been prepared in accordance with the EP&A Act 1979 and Regulations 2000.

Implementation Date / Priority:

The timeframe to complete a PP is established in the Gateway Determination from NSW Planning and Environment. As a result of time taken to undertake additional government agency consultation and associated work, Council applied for, and was granted an extension of six months to the initial completion date for the LEP Amendment. The revised completion date is 23 April 2017.

NSW P&E requires the PP to be submitted a minimum of six weeks prior to that date to allow for sufficient time for the LEP Amendment to be drafted and finalised by NSW P&E.

Should Council resolve to adopt the Planning Proposal, the projected timeline is as follows:

December 2016                               Submission of the draft LEP Amendment to NSW Planning and Environment, requesting the making of the LEP Amendment by the Minister for Planning.

April 2017                                         Estimated time of making the LEP Amendment by the Minister.

Conclusion:

This report provides Council with the outcome of the exhibition and consultation process associated with a PP and draft CP applying to the Bonville Large Lot Residential Investigation Area (PP_2015_COFFS_005_00). The report discusses issues raised in Government, agency and community submissions as required by the NSW Department of Planning and Environment’s (P&E) Gateway Determination. It is considered that there are no outstanding issues which will preclude the progression of this Planning Proposal to rezoning.

The LEP amendment will allow for subdivision to be undertaken in parts of the Bonville locality while protecting areas of environmental significance. The Bonville Large Lot Residential Developer Contribution Plan provides information to applicants associated with funding the provision of infrastructure and community facilities to service the future population of the Bonville Large Lot Residential Investigation Area.

The only issue raised during the consultation process which has not yet been fully resolved is a request by the Coffs Harbour Local Aboriginal Land Council (LALC) that additional cultural heritage investigations be undertaken. This work has been completed as requested and Council is awaiting signoff of the report by the LALC. It is not expected that any change to the PP will be required following this consultation. Council will forward LALC’s response (once received) to NSW P&E for inclusion in the finalisation of the PP.

The report recommends that Council adopt the revised PP (as an amendment to Coffs Harbour Local Environmental Plan 2013) and CP and proceed to request the Minister of Planning to make the plan. It also recommends that submission writers are notified.

 


Ordinary Council Meeting Agenda                                                      8 December 2016

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Ordinary Council Meeting Agenda                                                      8 December 2016

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Ordinary Council Meeting Agenda                                                                               8 December 2016

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Ordinary Council Meeting Agenda                                                      8 December 2016

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Ordinary Council Meeting Agenda                                                                               8 December 2016


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting Agenda                                                    8 December 2016

SC16/63       Performance Review of Coffs Harbour Local Environmental Plan 2013

Author:                        Urban Planner / Designer

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC16/63   Planning Proposal - Coffs Harbour LEP 2013 "Housekeeping" Performance Review No 2  

 

Executive Summary

Coffs Harbour Local Environmental Plan (LEP) 2013 came into force in September 2013. As with any comprehensive LEP, regular “housekeeping” performance reviews are undertaken in order to ensure the written LEP and associated maps are accurate and relevant.

The purpose of this report is to outline the results of a performance review undertaken in 2016 on Coffs Harbour LEP 2013.  This will be the second review of this kind undertaken on Coffs Harbour LEP 2013 since it came into force. Specifically, the report:

·      identifies a number of minor matters contained within Coffs Harbour LEP 2013 which can only be resolved through an amendment to the LEP;

·      presents proposed solutions to these matters as refinements to Coffs Harbour LEP 2013; and

·      presents a Planning Proposal (PP) for Council’s consideration that outlines the proposed amendments to Coffs Harbour LEP 2013.

This report recommends that Council endorse a PP (Attachment 1) for the purposes of seeking a “gateway determination” by the NSW Department of Planning and Environment (P&E); and publically exhibit the Planning Proposal following the gateway determination. It also recommends that Council seek delegations to exercise its plan making functions in respect of the PP.

 

Recommendation:

That Council:

1.       Endorse and forward a Planning Proposal (Attachment 1) that includes minor amendments to Coffs Harbour Local Environmental Plan 2013 to NSW Planning and Environment seeking a “Gateway Determination”.

2.       Request that the Secretary of the NSW Department of Planning and Environment issue a written authorisation to Council to exercise delegation of the plan making functions under section 59 of the Environmental Planning and Assessment Act in respect of the Planning Proposal.

3.       Resolve to publicly exhibit the Planning Proposal following the Gateway Determination by NSW Planning and Environment.

4.       Note that a further report will be brought back to Council for consideration following the public exhibition of the Planning Proposal.

 

Report

Description of Item:

Coffs Harbour LEP 2013 was made by the NSW Minister for Planning on 27 September 2013.  Coffs Harbour LEP 2013 replaced Coffs Harbour City LEP 2000 as the primary planning tool to shape the future of local development in the Local Government Area (LGA).  A Strategic Management Plan (SMP) was prepared to inform the transition between LEP 2000 and LEP 2013.  One of the recommendations of the SMP was to monitor and conduct regular reviews of the new LEP.  This is the second review of this kind undertaken on LEP 2013, with the first review occurring in 2015. 

This report proposes 15 minor amendments to Coffs Harbour LEP 2013 which will support the ongoing effective implementation of the LEP.  These issues have been identified in a range of ways (such as through Development Application assessments, landowner enquiries and internal staff reviews) and have been systematically logged as they have been received, for inclusion in the performance review. 

The proposed changes to Coffs Harbour LEP 2013 will make the plan clearer, easier to use and help Council meet its intended planning outcomes. The changes will:

·    allow water extraction and bottling facilities to be added as a permissible use in the RU2 Rural Landscape zone table, to address an unintended prohibition in the Standard Instrument LEP; 

·    remove a heritage listed item in Sawtell which no longer meets any of the criteria for heritage listing;

·    amend three heritage listed items, in reference to boundary adjustments to their associated properties;

·    remove minor zone, lot size and land acquisition map anomalies from various properties following finalisation of Pacific Highway Upgrades in various localities within the LGA;

·    adjust zone and lot size mapping anomolies at Opal Cove golf course;

·    adjust a lot size mapping anomoly at Coramba;

·    adjust zone and lot size mapping anomolies which do not match the cadastre at Boambee and Diggers Beach;

·    remove a mapping anomoly on the Height of Buildings Map at Coffs Harbour Regional Airport; and

·    remove a mapping anomoly on the Land Reservation Acquisition Map at Moonee and Woolgoolga.

The proposed changes to Coffs Harbour LEP 2013 are set out and justified in the PP (Attachment 1). Specific details in relation to each proposed change are discussed in Appendix 1 of Attachment 1.

Issues:

There are numerous minor issues identified in this report that relate to both the written provisions of Coffs Harbour LEP 2013 and its associated mapping.  The proposed amendments are recommended to keep the LEP up-to-date and accurate and to provide the best balance in effective planning to achieve and facilitate good development outcomes.  Given the complexity of the LEP document and associated mapping, this is an important continuous improvement process.

All LEP amendments put forward for consideration are outlined in Appendix 1 of Attachment 1 of this report.

Options:

Council has the following options available to progress this matter:

1.       Proceed with the PP as recommended, which will result in an amendment to Coffs Harbour LEP 2013;

2.       Proceed with the PP with amendments or alternatives to the contents of the PP; or

3.       Not proceed with the PP and reject the recommendation provided to Council.

This report recommends that Council pursue option one as outlined above.

Sustainability Assessment:

•     Environment

Coffs Harbour LEP 2013 continues to provide greater certainty and transparency as to where development opportunities exist.  This performance review aims to ensure the City’s development continues to be carried out in an environmentally sustainable manner.

•     Social

Although it is difficult to directly measure the success of the social and cultural sustainability principles of Coffs Harbour LEP 2013 thus far, Council is continuing the use of new and innovative measures in its program to improve the well-being of the people in the LGA.  This regular “housekeeping” performance review allows for minor adjustments  to keep the LEP up-do-date and accurate.

•     Civic Leadership

Council has continued to demonstrate civic leadership under Coffs Harbour LEP 2013.  In this regard, Council’s strategic planning documents ensure transparency and accountability in local government.  Their implementation enables Council to identify and respond to community issues and concerns. Accordingly, the PP process will be undertaken in accordance with the provisions of the Environmental Planning and Assessment (EP&A) Act 1979, as well as the EP&A Regulation 2000.

•     Economic – Broader Economic Implications

The review of Coffs Harbour LEP 2013 aims to ensure clarity of outcomes which assists the local economy.

Delivery Program/Operational Plan Implications

The review of Coffs Harbour LEP 2013 is being resourced by internal staff with no additional resource required.

Risk Analysis:

The performance review process outlined in this report supports a mechanism to reduce risk to Council and the community.  By reviewing and amending Coffs Harbour LEP 2013 where necessary to address minor anomalies and account for changes in Council policy and procedure, as well as accommodating legislative changes, Council lessens the likelihood of risk in planning related decision making.

Consultation:

There has been internal consultation regarding issues as appropriate.  Consultation has also been undertaken with NSW P&E regarding some of the issues contained in this PP.

Subject to the requirements of the gateway determination from NSW P&E, it is expected that there will be a 28 day public exhibition of the proposed changes to Coffs Harbour LEP 2013.  Specific landowner consultation will also be required as relevant to the specific amendments being proposed.

There will be a further report to Council following the exhibition.

Related Policy, Precedents and / or Statutory Requirements:

The performance review contained in this report is consistent with the provisions of the following Council strategies:

·      the Coffs Harbour 2030 Plan, specifically Strategy LC3.1 - Council supports the delivery of high quality, sustainable outcomes for Coffs Harbour; and

·      the Coffs Harbour Local Growth Management Strategy - Our Living City Settlement Strategy Component – 2009.

The performance review is also consistent with the following statutory documents and requirements:

·      the Standard Instrument (LEPs) Orders;

·      Coffs Harbour Local Environmental Plan 2013;

·      the Mid North Coast Regional Strategy 2009;

·      the Draft North Coast Regional Plan 2016;

·      State Environmental Planning Policies (SEPPs);

·      Ministerial Section 117(2) Directions; and

·      Planning Practice Notes issued by NSW P&E.

Implementation Date / Priority:

The timeframe for a PP is established in the EP&A Act.  The timeframe is triggered once the matter is forwarded to NSW P&E by Council (that is, after Council endorsement).

Conclusion:

This report outlines the findings of the second regular “housekeeping” performance review of Coffs Harbour LEP 2013 and includes a number of drafting and mapping issues for consideration and correction.

The recommended course of action includes proceeding with a PP as the best way to address the anomalies as outlined in this report and its attachments.

If endorsed by Council, the PP will be sent to NSW P&E for the purposes of seeking a “gateway determination”.  Following receipt of the gateway determination, the PP will be publicly exhibited to gauge public opinion on the proposed amendments. 

This report also recommends that Council seek delegations to exercise its plan making functions in respect of the PP.

 


Ordinary Council Meeting Agenda                                                      8 December 2016

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Ordinary Council Meeting Agenda                                                    8 December 2016

SC16/64       Planning Proposal to Permit a Child Care Centre on Lot 3 DP 735083 Craft Close Toormina

Author:                        Senior Planner / Urban Designer

Authoriser:                  Director Sustainable Communities

Coffs Harbour 2030:   LP2 We have a strong and diverse economy

Attachments:              ATT1  SC16/64   Planning Proposal to Permit a Child Care Centre on Lot 3 DP 735083 Craft Close Toormina  

 

Executive Summary

The purpose of this report is to present a Planning Proposal (PP) to Council to modify Coffs Harbour Local Environmental Plan (LEP) 2013 so that a development application can be lodged for the use of Lot 3 DP 735083, Craft Close Toormina for a child care centre. Child care centres are currently a prohibited use in the IN1 General Industrial zone under Coffs Harbour LEP 2013.

A child care centre has been operating without development consent on the subject land since 2010. The site is used as an out-of-school hours care facility, which services six local schools and is licensed to care for up to 150 children per day. The operator of that centre has agreed to lodge a development application should the PP be supported to permit the use.

It is recommended that Council proceeds with a PP that amends Schedule 1 of LEP 2013 to permit a child care centre on the subject land. This involves seeking a Gateway determination from the NSW Department of Planning and Environment to allow Council to place the PP (Attachment 1) on public exhibition. It is also recommended that Council considers the outcome of the exhibition in a future Council report.

 

Recommendation:

That Council:

1.   Endorse and forward a Planning Proposal (Attachment 1) to permit a child care centre with Council consent on Lot 3 DP 735083 Craft Close Toormina, to NSW Planning and Environment seeking a “Gateway determination”.

2.   Request that the Secretary of the NSW Department of Planning and Environment issue a written authorisation to Council to exercise delegation of the plan making functions under section 59 of the Environmental Planning and Assessment Act 1979 in respect of the Planning Proposal.

3.   Request the proponent provide a land contamination assessment (consistent with Council’s Contaminated Land Policy) post-Gateway determination and prior to public exhibition.

4.   Resolve to publicly exhibit the Planning Proposal and undertake government agency consultation based on the Gateway determination issued by NSW Planning and Environment.

5.   Note that a further report will be brought back to Council for consideration following the public exhibition of the Planning Proposal.

 

Report

Description of Item:

Coffs Harbour City Council adopted a new Standard Instrument LEP in 2013. This LEP prohibits Child Care Centres in the IN1 General Industrial zone. Under the previous instrument (LEP 2000), it was a use permitted with Council consent. A Child Care Centre has been operating without development consent at 5 Craft Close, Toormina since 2010. The site is used as an out-of-school hours care facility, known locally as the “Fun Factory”, which services six local schools and is licensed to care for up to 150 children per day. The operator of that centre has agreed to lodge a development application for a child care centre should the PP be supported to permit the use.

The intended outcome of the planning proposal will be achieved by:

·    Amending Coffs Harbour LEP 2013 by adding a new item to the Additional Permitted Uses Map (sheet APU_006B) that will identify Lot 3 DP 735083 as item “17A” in Schedule 1 of the LEP. The map is included in Appendix A.

·    Amending Coffs Harbour LEP 2013 instrument by adding a new item in Schedule 1 of the LEP as follows:

17A Use of Certain Land at Craft Close, Toormina

(1)  This clause applies to land at Craft Close, Toormina, being Lot 3 DP 735083, shown as “17A” on the Additional Permitted Uses Map.

(2)  Development for the purpose of a child care centre is permitted with development consent.”

The IN1 General Industrial zone of the subject land will remain unchanged and the related planning controls in the LEP will also remain unchanged.

The Subject Land:

The PP affects a single piece of private property in the Coffs Harbour LGA described as Lot 3 DP 735083 located at number 5 Craft Close, Toormina (Figure 1). This locality is known locally as the Hi Tech Industrial Estate. The estate is located approximately 6 kilometres south of the Coffs Harbour city centre and 1.4 kilometres north of the Toormina shopping centre.

FIGURE 1 – Subject land

 

 


The subject land has an area of approximately 2110m2 with 28metres frontage to Craft Close. It backs onto a vegetated buffer strip used to prohibit access to Hogbin Drive on the eastern side of the land. It contains a large industrial shed with a footprint of approximately 720m2 that is sufficiently tall to accommodate a mezzanine level. The balance of the site is used for open-air play equipment, and on-site parking for cars and buses. The site is fully fenced and has a single driveway to access Craft Close. The current zoning under Coffs Harbour LEP 2013 is IN1 General Industrial as shown in Figure 2.

 

FIGURE 2 – Existing Zones under Coffs Harbour LEP 2013.

Issues:

·    Incompatible Land Use

Council intentionally omitted child care centres from the uses permitted in the IN1 General Industrial zone when it adopted LEP 2013. This is because there is the potential for some industry related businesses to be impacted by the presence of a “sensitive receiver” like a child care centre. Not all councils have taken this position. Child care centres are permited in the IN1 zone in the Clarence Valley, Nambucca and Byron Shires but are prohibited in Bellingen and Richmond Valley Shires.

It can be argued that the the concrete batching plant immediately south of the subject land is not an ideal neighbouring use given it can involve noise, dust and regular heavy machinery movements. However, the two uses have been neighbours now since 2010, with minimal complaints to Council. The concrete batching plant is also required to comply with the Protection of the Environment Operations Act 1997 and the conditions of its approval regardless of what use is being undertaken next door.

There is the potential for this PP to be viewed as a precedent. However, the Minister for Planning issued a press release in early November 2016, indicating that the State government supports a wider range of uses in some industrial areas, including child care centres and places of public worship.

In this case, the child care centre exists already and serves a valuable purpose to the local community. Other sites could cite this PP as a precedent but they would need to be considered on merit in any case.

·    Compliance

This site has been the subject of compliance investigations by Council. These have primarily focussed on fire and safety issues. A notice of intent to issue an order has been issued to ensure the building meets appropriate fire and safety issues. It is appropriate that this be pursued separately to this PP as these matters need to be addressed in the short term. The PP will take six to twelve months to complete if it is supported by Council and receives a Gateway determination from NSW Department of Planning and Environment.

If Council chooses not to support this PP then compliance action will likely be expanded to address whether the child care centre should be allowed to continue to operate on the site at all, given that it does not have development consent.

·    Bushfire Hazard

The subject land is within the 100 metre bushfire buffer to the category 1 bushfire vegetation across Hogbin Drive. Including an additional land use as permitted with consent on the subject site will not impact on the existing planning controls that address the issue of bushfire hazard on this land.

The proponent has prepared a bushfire hazard assessment report, which concluded that:

  the existing 10 metre Asset Protection Zone is to be maintained in perpetuity; and

  the structure (excluding the roof and rear awning) is to comply with the provisions of sections 3 and 6 (BAL–19) of AS3959-2009 Construction of buildings in bushfire-prone areas, and section A3.7 Addendum Appendix 3 of Planning for Bush Fire Protection 2006; and

  the rear awning is to be entirely of non-combustible materials and no combustible materials are to be attached to it; and

  a Bushfire Emergency Response Plan should be developed for the site.

The NSW RFS agreed that it has no objection to the PP proceeding, noting that a future development application will be a Special Fire Protection Purpose under section 100B of the Rural Fires Act 1997, and will be integrated development.

On balance, it appears that bushfire hazard can be addressd at the development application stage.

·    Flooding

The 100 year Average Recurrence Interval (ARI) flood level for the area is 2.9m Australian Height Datum (AHD). The majority of the site is above 3.5m AHD with a small portion in the north east corner of the lot being impacted by council’s Flood Planning Level (FPL) extent (FPL = 3.4m AHD). Based on flood level information and aerial photography the existing building and developed areas of the lot are outside the FPL extent and as such there are no flood issues associated with the existing development on the land.

·    State Environmental Planning Policy (SEPP) No 55 – Remediation of Land

The applicant has provided a cursory overview of the past land use on this site, with minimal supporting information in relation to the potential for land contamination. There is no detailed time line of past land uses. There is no assessment of adjacent land uses that could affect the site now or in the past. There are no soil tests provided. As such, the proposal does not entirely satisfy the requirements of SEPP No 55 – Remediation of Land.

A detailed assessment of land contamination should be provided by the applicant, given that the site has been zoned (and used) for industrial purposes for many years and the specific purpose proposed is a child care centre. Council’s Contaminated Land Management Policy stipulates the level of information required. This can be undertaken after Council makes its decision to support the PP and it receives a Gateway determination, but prior to public exhibition, and is included in the recommendations of this report.

·    Compliance with State Planning Controls and Policies

The PP is consistent with the Mid North Coast Regional Strategy 2009 and is consistent with all relevant SEPPs, except for SEPP 55 – Remediation of Land (discussed previously in this report).

The planning proposal is consistent with all applicable section 117 Directions, other than direction 6.3 Site Specific Provisions. This direction requires that Council avoids amending its planning instrument to permit a particular development and either allows the development throughout the zone or changes the subject land to a zone that permits the development.

If it were to consider permitting child care centres within all IN1 General Industrial zones within the Local Government Area (LGA), Council would need to undertake a body of work to examine landuses within the IN1 zone and possible future land use conflicts, which would take time and resources. The option that will have the least impact on the locality and the IN1 zone generally is to include the additional use through Schedule 1 for the subject land only. This will also be the quickest way to solve the problem for this site. The inconsistency with direction 6.3 is justifiable because it is a minor matter relating to a single use of a single site.

Options:

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

1.   Resolve to adopt the recommendation to support the PP and and forward it to NSW Department Planning and Environment seeking a ‘Gateway determination’, to allow it to be placed on public exhibition and for consultation with relevant Government agencies.

Comment: This option provides a path for the current use of the site to obtain development consent as a child care centre.

 

2.   Resolve to proceed with the PP with amendments or alternatives to the contents of this report.

Comment: These options, and their implications for future landuse conflicts, have not been considered in this report.

3.   Resolve not to proceed with the PP.

Comment: This option will result in Council continuing with compliance action to establish whether  the child care centre should be allowed to continue to operate on the site at all, given that it does not have development consent.

This report recommends that Council pursue Option 1 as outlined.

Sustainability Assessment:

•     Environment

Environmental sustainability issues such as waste, stormwater, energy consumption and vegetation retention, etc, can be addressed as part of a future development application should this planning proposal be supported.

•     Social

Social sustainability issues addressed in supporting information indicate that closing the facility will have a significant impact on local families. It will also result in the loss of jobs unless a new site can be found in a zone that permits the use.

•     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:

Learning and Prospering

  Maximise opportunities for workforce participation

  Encourage the provision of facilities and services which attract, create and support career opportunities for young people.

•     Economic – Broader Economic Implications

Child care outside of school hours is important to encourage greater workforce participation while not neglecting the needs of children. Losing 150 child care places would be a major impact on the Coffs Harbour community. It may result in working parents reducing hours or giving up a job to care for children that would have used the facility.

Amending Coffs Harbour LEP 2013 to permit a child care centre on the subject site will enable the lodgement of a subsequent development application by the proponent seeking retention and use of the existing development on the land. This outcome will result in job retention associated with the child care centre facility and economic benefits.

Should the child care centre be abandoned at any time in the future, the site will still be zoned to permit a wide range of industrial and industry related business uses.

•     Economic - Delivery Program/Operational Plan Implications

Given that the request for an amendment to Coffs Harbour LEP 2013 is a proponent led project, Council’s adopted fees and charges apply. In this regard there are no implications for Council’s Delivery Program or Operational Plan as this process is funded by the applicant.

Risk Analysis:

There is a risk that permiting a child care centre on the subject land could inhibit the industrial use of other land in the vicinity. This risk is minimised by it being limited to only one site in this PP.

There is a risk that the proponent may not proceed to lodge a development application. This would be counterproductive as they are paying for this PP and have indicated that they will lodge an application. Failure to do so will result in Council expanding its compliance action.

Council is pursuing fire and safety issues on the site as a separate process to ensure that risk to site users is minimised as soon as possible through compliance with Building Code of Australia (BCA) standards.

Consultation:

Should Council resolve to progress the PP and the NSW Department of Planning and Environment subsequently endorse public exhibition of it, all documents will be exhibited in accordance with the Gateway determination and relevant provisions of the Environmental Planning and Assessment Act 1979 (‘EP&A Act’). Consultation will also be undertaken with all relevant Government agencies in accordance with the Gateway determination.

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;

·      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; and

·      Coffs Harbour 2030 Plan.

Implementation Date / Priority:

Should Council resolve to progress this PP, it will be immediately forwarded to NSW Planning and Environment, requesting a Gateway determination.

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

The projected timeline is as follows:

December 2016                                        PP referred to NSW Planning and Environment requesting a Gateway determination.

January to March 2017                   Gateway determination; finalisation of additional information as requested by Council and NSW Planning and Environment.

March/April 2017                             Public exhibition/agency consultation period.

May/June 2017                                Review submissions and report to Council for determination of the planning proposal.

July 2017                                         Council to exercise its delegation of plan making functions under section 59 of the Environmental Planning and Assessment Act 1979 – that is, making the Plan.

Conclusion:

The PP is consistent with the Mid North Coast Regional Strategy and is consistent with all relevant SEPPs, except for SEPP 55 – Remediation of Land. It is recommended that a preliminary contaminated land assessment (consistent with SEPP 55) be undertaken by the applicant and supplied to Council prior to the public exhibition.  The PP is consistent with the applicable section 117 Directions other than direction 6.3 Site Specific Provisions. The inconsistency with direction 6.3 is justifiable because it is a minor matter relating to a single use of a single site. The PP is also consistent with Council’s Community Strategic Plan 2030.

There is sufficient information to enable Council to support the PP and forward it to the NSW Department of Planning and Environment for its consideration and Gateway determination.

 


Ordinary Council Meeting Agenda                                                      8 December 2016

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Ordinary Council Meeting Agenda                                                    8 December 2016

SC16/65       Submission on the Draft Coastal Management State Environmental Planning Policy and Progression of the Coffs Harbour Coastal Zone Management Plans

Author:                        Urban Planner / Designer

Authoriser:                  Director Sustainable Communities

Coffs Harbour 2030:   LE3 Our natural environment and wildlife are conserved for future generations

Attachments:              ATT1  SC16/65   Submission on draft Coastal Management State Environmental Planning Policy

ATT2  SC16/65   Coastal Reforms Overview

ATT3  SC16/65   Draft Coastal Management State Environmental Planning Policy

ATT4  SC16/65   Draft Coastal Reform s117 Direction

ATT5  SC16/65   Draft Standard Instrument Amendment

ATT6  SC16/65   Coastal Reform Factsheets  

 

Executive Summary

The objective of this report is to provide Council with:

·    a submission, for lodgement with the State government, on the draft Coastal Management State Environmental Planning Policy (SEPP) currently on exhibition as part of the Coastal Management Reforms for NSW (Attachment 1);

·    a brief overview of the Coastal Management Reforms which have recently been announced by the State government (Attachment 2); and

·    a position to move forward with coastal hazard management having regard to the current landscape of the State Government’s Coastal Management Reforms through Council’s adopted Local Government Area (LGA) wide Coastal Zone Management Plan (CZMP) and various (estuary based) Coastal Zone Management Plans

The Coastal Management Reforms for NSW announced in November 2015 include a proposed new framework for coastal management.  This framework includes the introduction of a Coastal Management SEPP and a redesigned package of land-use planning instruments, which is currently on display for public consultation until 23 December 2016, including:

·    the draft Coastal Management SEPP (Attachment 3);

·    the draft Coastal Management SEPP mapping;

·    the draft Coastal Reform s117 Direction (Attachment 4); and

·    the draft Standard Instrument Amendment (Attachment 5).

A series of fact sheets outlining the intent of the draft SEPP and reforms framework are included as Attachment 6.

This report recommends lodgement of a submission on the proposed SEPP with the State government in response to the public consultation process (Attachment 1).

This report also recommends that Council write to the Minister for Planning requesting that the certification process of the LGA-wide Coffs Harbour CZMP under Section 55G of the Coastal Protection Act 1979 be resumed, and that the certification process commence for six (estuary based) adopted Coastal Zone Management Plans.

 

Recommendation:

That Council:

1.   Endorse the submission (Attachment 1) to the NSW Government regarding the draft Coastal Management State Environmental Planning Policy.

2.   Write to the Minister for Planning requesting that the certification process be resumed for the Coffs Harbour Coastal Zone Management Plan 2013 under Section 55G of the Coastal Protection Act 1979.

3.   Write to the Minister for Planning requesting that the certification process be commenced for the following Coastal Zone Management Plans under Section 55G of the Coastal Protection Act 1979:

·    Pipe Clay Lake Estuary Coastal Zone Management Plan 2011;

·    Boambee / Newports Creek Estuary Coastal Zone Management Plan 2012;

·    Woolgoolga Lake Estuary Coastal Zone Management Plan 2013;

·    Willis Creek Estuary Coastal Zone Management Plan 2013;

·    Darkum Creek Estuary Coastal Zone Management Plan 2013; and

·    Coffs Creek Estuary Coastal Zone Management Plan 2015.

4.   Note that a further report will be brought back to Council following certification of the Coffs Harbour Coastal Zone Management Plan 2013 by the Minister for Planning outlining future directions for Council’s planning processes within the context of the final adopted Coastal Management Reforms.

 

Report

Description of Item:

The Coffs Harbour LGA has 79 kilometres of coastline stretching from Pebbly Beach and Red Rock in the north to Bundagen in the south.  The LGA also has a number of coastal estuaries that have important environmental and recreational value to the community.  Coastal hazards, such as coastal erosion, have been managed by Council and the State Government under an established framework including the NSW Coastal Policy 1997, the Coastal Protection Act 1979, and the Coastal Protection Regulation 2011

This framework has involved local councils (with financial and technical support from the State government) undertaking coastal hazard studies and developing coastal zone management plans which then inform protection and management strategies for our coastal reserves and assets, development and other coastal and estuary activities.  The preparation, adoption and certification of these studies and plans also provides Council with an opportunity to avoid liability under Section 733(2) of the Local Government Act 1993.  

The NSW Government has undertaken a series of reforms to provide a strategic framework for coastal management in NSW. Stage 1 Coastal Reforms were completed in November 2014, and focused on addressing issues faced by landowners and councils dealing with current erosion impacts. This included giving councils the ability to consider coastal hazards in the context of their local circumstances, regulatory changes to allow landowners to carry out temporary coastal protection works and providing guidance to councils relating to section 149 planning certificate notations for coastal hazards.

Stage 2 Coastal Reforms were released on 13 November 2015 and included a new draft framework for coastal management for public consultation.  The reforms contained three key elements:

·        replacing the current Coastal Protection Act 1979 with a new Coastal Management Act,

·        new arrangements to support council decision making, including a new State Environmental Planning Policy (SEPP), a new decision support framework, a new coastal management manual, and improved technical advice, and

·        new arrangements for funding and financing coastal management activities.

In response to the (Stage 2) Coastal Management Reforms, Council at its meeting of 10 December 2015 resolved:

1.   “Council acknowledges the Coastal Management Reforms announced by the Minister for Planning on 13 November 2015 and that a further report be provided to Council in February 2016 that addresses the following:

1.1  outlines the details of the Coastal Management Reforms that are currently on exhibition until 29 February 2016; and

1.2  includes a submission on the Coastal Management Reforms.

2.   Council defer the progression of the Planning Proposal – PP_2014_Coffs_03, Planning Policy and amendments to Coffs Harbour Development Control Plan 2015 pending the outcome of the abovementioned report.

3.   Council acknowledges the submissions received on the draft planning controls to date and that the landowners and where relevant, their consultant/s be informed of Council’s decision.

4.   Council write to the Minister for Planning requesting that certification of the Coastal Zone Management Plan under Section 55G of the Coastal Protection Act be held in abeyance until further notice.

Further, the proposed reforms were outlined in detail at the Council meeting on 25 February 2016 whereby Council resolved:

"That Council endorse the attached submission (Attachment 1) on the Coastal Management Reforms."

Consistent with Council's concerns, submissions received by the State government during the public exhibition period established the need for further detailed public consultation on the proposed Coastal Management SEPP. Hence the current consultation which is the subject of this report is still part of the Stage 2 Coastal Management Reforms.

The Coastal Management Act 2016 was passed by Parliament on 31 May 2016 and is earmarked to commence following consultation and finalisation of the draft Coastal Management SEPP. The draft Coastal Management Manual along with a toolkit of technical resources is also currently being finalised by the State government. 

The State government announced the public exhibition of the draft Coastal Management SEPP and the redesigned package of land-use planning instruments on 11 November 2016, with the consultation period running until 23 December 2016. Documents on exhibition consist of:

·    the draft Coastal Management SEPP and its accompanying maps of the coastal management areas;

·    a draft Coastal Management s.117 Planning Direction relating to plan making (ie LEP amendments); and

·    a draft amendment to the Standard Instrument Local Environmental Plan (LEP), with the removal of clause 5.5 (the standard instrument provides a ‘template’ that all NSW councils use as the basis for preparing a new LEP using a standard format – Coffs Harbour LEP 2013 follows this standard format).

An overview of the Coastal Management Reforms is summarised in this report and is provided in more detail in Attachments 2-6.

This report recommends lodgement of a submission on the proposed draft SEPP and other draft land-use planning instruments with the State government in response to the public consultation process (Attachment 1).

Issues:

·      Repeal of Some Existing SEPPs

The draft Coastal Management SEPP seeks to be the key environmental planning instrument for land-use planning in the coastal zone, and will deliver the statutory management objectives for each of the four proposed coastal management areas that will make up the coastal zone. It will maintain and enhance the relevant provisions that currently apply in the three key SEPPs which relate specifically to coastal matters:

·      SEPP No. 14 – Coastal Wetlands (SEPP 14);

·      SEPP No. 26 – Littoral Rainforests (SEPP 26); and

·      SEPP No. 71 – Coastal Protection (SEPP 71).

These three SEPPs will be repealed upon commencement of the Coastal Management SEPP. In addition, provisions in the SEPP (Infrastructure) 2007 relating to proposals for coastal protection works will be replaced by provisions in the new SEPP. 

Consolidation and updating of these existing SEPPs into the new Coastal Management SEPP will mean that existing relevant provisions in clause 5.5 of the Standard Instrument, and the guidance provided by the NSW Coastal Policy and Coastal Design Guidelines, will also be reflected in the controls and matters for consideration proposed in the draft Coastal Management SEPP and related planning instruments. 

The Coastal Management Act 2016 proposes to remove the reference to CZMPs from s79C of the Environmental Planning and Assessment Act 1979.  The inclusion of a similar clause in the Coastal Management SEPP ensures that a CZMP (or CMP) remains relevant to the development assessment process.

Council’s submission (Attachment 1) makes reference to the limited exhibition period available to review the new draft SEPP, given that it proposes such a significant suite of reforms. Additionally it notes that the exhibition package provides little detail on how the new draft SEPP and the proposed State government biodiversity reforms will interrelate.

·      Mapping Issues

Council’s submission (Attachment 1) makes reference to changes in coastal wetlands and littoral rainforest mapping, and identifies that there are uncertainties associated with mapping contained within the exhibited documents. It also raises other mapping concerns including a perceived omission of the fore-dune area from the mapped coastal environmental area.

The submission requests that the State government use Council’s Fine Scale (Class 5) Vegetation Mapping in the draft SEPP mapping to better represent the location of these significant areas. Whilst it is noted that Council will be able to make future mapping amendments via a Planning Proposal process, this will be onerous in terms of staff capacity and budget, and it is preferable that changes be made at this draft SEPP stage by the State government, rather than within a review process undertaken by Council at a later date.

The proposed coastal vulnerability area in the draft SEPP is intended to map coastal hazards identified in Local Environmental Plans (LEPs) and Development Control Plans (DCPs).  Coffs Harbour LEP 2013 currently has Foreshore Building Line Mapping and associated controls (clause 7.7 Limited development on foreshore area) that apply to Campbells Beach and Park Beach, however no coastal vulnerability area mapping data has been included within the mapped area of the Coffs Harbour LGA.  This issue has been addressed in Council’s submission, as a request for inclusion in the final SEPP (Attachment 1).

·      Implications for Council in Transitioning to the Proposed Coastal Reform Process

With the progression of the proposed reforms, the Minister is continuing the certification of CZMPs that accord with the current guidelines.  During the announcement of the exhibition of the draft Coastal Management SEPP on 11 November 2016, the Minister actively encouraged councils to pursue the certification of their CZMPs to ensure that these areas receive the most effective support for coastal management as possible prior to the eventual transition to CMPs.  While the Minister mentioned that some works proposed in CZMPs that are not certified will be considered for funding (eg. beach scraping), major works such as sea walls etc would face difficulties obtaining funding without a certified CZMP. 

As part of the transition through the Coastal Reform Process, CMPs will eventually replace CZMPs (by 2021).  They will be prepared by councils in consultation with the community and relevant Government authorities, and in accordance with the new coastal management manual.

The State Government has indicated that there will be a strong emphasis on the implementation of CMPs.  The Coastal Management Act 2016 will achieve this by requiring CMPs to be given effect within the local government Integrated Planning and Reporting (IP&R) framework.  The Coastal Management Act 2016 will also include performance auditing powers to ensure that CMPs are effectively implemented.

The Coastal Management Act 2016 includes transitional provisions that allow councils to move towards the new arrangements over time.  Those councils that have certified CZMPs will be able to transition their plans into CMPs under a staged process, and will have until 2021 to be fully compliant.

The State Government has also acknowledged that many councils have already undertaken a significant amount of work to prepare CZMPs under the current framework, and they will not be expected to start over completely. This means that the information used to prepare the coastal hazard work so far (Definition Study, Coastal Zone Management Study and CZMP) can be used in the preparation of a CMP.  However, given the economic environment facing most councils in NSW, allocating further resources to the topic will most likely prove to be a strain, especially given the future resource commitments outlined in the related documents.

The IP&R framework is established under Chapter 13 of the Local Government Act 1993, and is the main mechanism by which Councils comprehensively plan for, and report on, their asset management and service delivery responsibilities within a local government area (LGA).  As mentioned earlier, the new coastal management framework will attempt to better connect current coastal hazard management processes and the IP&R process.

This means that CMPs and identified coastal management activities will need to be aligned with broader community strategic plans, reflect community priorities, and will need to be feasible, financially viable and able to be resourced.  Essentially, Council will be required to have regard to relevant CMPs when carrying out functions such as coastal planning, management, and undertaking infrastructure and other works in coastal areas.

In the interim and with the proposed coastal reforms in mind, it is considered that Council’s adopted CZMPs contain the most up to date and validated scientific information to apply coastal management strategies in the Coffs Harbour LGA. 

The reforms state that NSW State Government agencies will support Councils through this process with operational guidance. Council has both an LGA-wide CZMP and six estuary based CZMPs which should be considered to transition to the new provisions as soon as possible, as outlined in the following:

·      Coffs Harbour Coastal Zone Management Plan 2013

Council has previously developed and adopted its LGA-wide Coffs Harbour Coastal Processes and Hazards Definition Study 2011 (Definition Study), Coffs Harbour Coastal Zone Management Study 2012 and Coffs Harbour Coastal Zone Management Plan 2013.  An extensive community and stakeholder consultation process was undertaken throughout the preparation of these documents. 

The Coffs Harbour Coastal Zone Management Plan 2013 (CZMP) was adopted by Council on 14 February 2013 with Council also resolving to refer the CZMP to the Minister for Environment (now the Minister for Planning) for certification under Section 55G of the Coastal Protection Act 1979. 

The CZMP was submitted for certification.  The Minister and NSW OEH requested that Council amend the CZMP prior to the Minister providing certification.  The amendments required do not alter the recommendations of the Plan but do require update of certain background information, reformatting and streamlining of the document.

In response to the (Stage 2) Coastal Management Reforms, Council at its meeting of 10 December 2015 resolved in item number 4:

4    “Council write to the Minister for Planning requesting that certification of the Coastal Zone Management Plan under Section 55G of the Coastal Protection Act be held in abeyance until further notice.”

Council subsequently wrote to the Minister as per this resolution.  The purpose for seeking this deferral was to allow Council the opportunity to consider its policy position having regard to the Coastal Management Reforms (the subject of this current report). 

With the passing of the Coastal Management Act 2016 and the exhibition of the draft Coastal Management SEPP, the coastal management landscape has become clearer and therefore it is now appropriate to revisit the certification process.  Further, the Minister for Planning is actively encouraging certification of existing adopted CZMPs prior to the commencement of the new Act.  CZMPs that have not been certified prior to the commencement of the new Act will be unable to obtain crucial funding for coastal protection strategies outlined in the CZMPs and will then have to wait until the eventual development of a CMP (by 2021).  This may also lead to liability implications under S733 of the Local Government Act 1993

This report recommends that Council write to the Minister for Planning requesting that the certification process (under Section 55G of the Coastal Protection Act 1979) be resumed for the LGA-wide Coffs Harbour CZMP 2013.

·      (Estuary based) Coastal Zone Management Plans

In addition to the ‘coastline based’ Coffs Harbour CZMP 2013, Council has also prepared six ‘estuary based’ CZMPs in accordance with current guidelines (after 2010) which have previously been adopted by Council, being:

§ Pipe Clay Lake Estuary Coastal Zone Management Plan (adopted by Council on 24 November 2011);

§ Boambee / Newports Creek Estuary Coastal Zone Management Plan (adopted by Council on 23 August 2012);

§ Woolgoolga Lake Estuary Coastal Zone Management Plan (adopted by Council on 14 February 2013);

§ Willis Creek Estuary Coastal Zone Management Plan (adopted by Council on 14 February 2013);

§ Darkum Creek Estuary Coastal Zone Management Plan (adopted by Council on 14 February 2013); and

§ Coffs Creek Estuary Coastal Zone Management Plan (adopted by Council on 14 May 2015).

These estuary based CZMPs provide strategic direction and specific focus for the sustainable management of the Coffs Harbour LGAs estuaries. These plans encompass the various waterways, their tributaries and foreshores, and wider catchments insofar as catchment activities impact on the condition of the estuaries.

These estuary based CZMPs have been developed in accordance with State government guidelines for preparing CZMPs. This has provided a structured management process that has lead to integrated, balanced and community based plans. Council and its Coast and Estuary Management Advisory Committee (CEMAC) has recognised the need to minimise human impacts on the estuarine environment and to ensure that the natural assets of the estuaries are managed to meet both present and future needs. Identification of key estuary management issues and development of management strategies has been undertaken based on technical studies and consultation with the community and key stakeholder organisations.

This report recommends that Council write to the Minister for Planning requesting that the certification process (under Section 55G of the Coastal Protection Act 1979) be commenced for these six (estuary based) adopted CZMPs.

·      Development Controls for Coastal Management Areas

As outlined in the Coastal Reforms (Attachments 2-6), the ‘coastal zone’ will be redefined in the Coastal Management Act 2016 as four mapped coastal management areas which are reflected in the draft SEPP. Redefining the coastal zone into four mapped areas, rather than by a single fixed area along the entire coastline, will enable more targeted management of the diversity of environments and interests in the coast. 

Separate development controls will apply to each area which will focus on achieving specific objectives for those areas. The development controls that will apply to particular forms of development within each coastal management area (at a state-wide level) aim to be tailored to the needs of the relevant coastal management area.  It should be noted that the development controls will not be tailored to suit individual circumstances of the various coastal Councils in NSW.

The NSW Government state that they will work with Councils and communities over the next five years to ensure that coastal hazards identified in studies or plans prepared by or for Councils are further considered, and where appropriate, are reflected in land use planning instruments and local controls.

·      Implications for Council’s Planning Processes

Council’s existing CZMPs have all been adopted by Council and as such are currently a relevant matter for consideration under Section 79c of the EP&A Act (this provision is proposed to be moved to the Coastal Management SEPP as mentioned earlier).  It should be noted that certification by the Minister of the CZMPs does not introduce any further planning considerations or processes than are already in place. 

The finalisation of the Coastal Management SEPP and the subsequent commencement of the Coastal Management Act 2016 will establish the State Government’s coastal management framework at a State wide level.  Following the implementation of this framework, Council will need to review its position on local planning controls.

Options:

Council has a number of options available to progress this matter, including:

1.   Proceed to lodge the attached submission to the Coastal Management SEPP and request that Council’s existing coast and estuary based CZMPs be progressed to the Minister for certification.

Comment - The benefit of certification of the CZMPs is that it will enable Council to access funding opportunities for projects outlined in those CZMPs.  Council has a limited window of opportunity to have the CZMPs certified as outlined elsewhere in this report.

2.   Resolve to proceed with amendments or alternatives to the content of this report.

Comment - These options and their implications have not been considered in this report. 

3.   Provide no submission on the Coastal Management SEPP, and not choose to progress the CZMPs to the Minister for certification

Comment - The implications of not certifying the CZMPs within the limited window of opportunity available would mean that Council will run the risk of missing potential funding opportunities for important coastal infrastructure projects, and may not receive protection from liability under section 733 (2) of the Local Government Act 1993.

This report recommends that Council pursue Option 1 as outlined above.

Sustainability Assessment:

•     Environment

The submission to the draft Coastal Management SEPP raises some environmental matters that need clarification prior to finalisation of the SEPP.

Progressing Council’s CZMPs will encourage the integrated, balanced, responsible and ecologically sustainable use of the coastline and creek catchments.  This is reflected in the management strategies developed in consultation with regulatory authorities, stakeholders and the community, in relation to the future nature conservation, rehabilitation and development of the open coastline as well as the estuaries in the area.

•     Social

The draft Coastal Management SEPP is currently being publicly exhibited and a series of community consultation events are planned to inform the community of the work that has been undertaken. Council’s adopted coastal and estuary based CZMPs were publicly exhibited and a series of community consultation events were held to inform the community of the work that had been undertaken.

•     Civic Leadership

Council’s adopted coastal and estuary based CZMPs were prepared by Council in accordance with existing Coastal Management Manual guidelines. The draft Coastal Management Reforms also supports relevant objectives of Council’s 2030 Community Plan.

•     Economic – Broader Economic Implications

The manual currently being prepared under the Coastal Management Reforms will include a toolkit for selecting and funding future CMPs. The toolkit will include guidance on how to conduct analysis to clarify the costs and benefits of the management responses being considered. This information will enable councils and their communities to select appropriate management options and fair cost-sharing arrangements that deliver net benefits to the community. The recommendation to seek certification of Council’s existing adopted coastal and estuary based CZMPs will reduce financial implications to Council.

•     Economic - Delivery Program/Operational Plan Implications

The NSW Government is currently reviewing how it contributes to the costs of coastal planning and management so that future funding programs are aligned with the Coastal Reforms.  The review and any resulting changes to current funding programs will be completed in line with the finalisation of the new legislation and other elements of the Coastal Reforms. The recommendation to seek certification of Council’s existing adopted coastal and estuary based CZMPs will reduce financial implications to Council. If certified by the Minister, Council will be able to apply for crucial funding for coastal protection strategies outlined in the CZMPs and will be able to delay work to transfer them into CMPs until 2021. 

Risk Analysis:

The prescribed framework for assessing and evaluating coastal hazards and their associated risk previously set out by the NSW Government, was determined giving consideration to both ‘likelihood’ and ‘consequence’ of occurrence.  Coastal hazard management tools provide the means to ensure Council will evaluate coastal risks and hazards in areas known to be affected.  Applying a risk based approach; Council can use these documents to properly assess development in coastal hazard areas.

As outlined earlier, a number of management strategies are included in the CZMPs for Council’s coastal reserves and assets.  By not certifying the CZMPs, Council runs the risk of missing potential funding opportunities for these management strategies.

Further, Council has a legitimate need to protect itself from future liability should appropriate steps not be taken to address the known hazard risk.  Section 733(2) of the Local Government Act 1993 is relevant where:

“A council does not incur any liability in respect of:

(a) any advice furnished in good faith by the council relating to the likelihood of any land in the coastal zone being affected by a coastline hazard (as described in a manual referred to in subsection (5) (b)) or the nature or extent of any such hazard, or

(b) anything done or omitted to be done in good faith by the council in so far as it relates to the likelihood of land being so affected.”

It should be noted that protection under Section 733(2) of the Local Government Act 1993 is not guaranteed unless a CZMP or CMP has been prepared in accordance with the current and proposed Coastal Acts, which specifies that such plans must be certified and subsequently made (published in the government gazette).

Further, future grant funding for recommended strategies under CZMPs or CMPs may not satisfy eligibility criteria without certification.  This fact, which has the potential to exacerbate further risk by stifling potential beach protection strategies as identified in Council’s adopted CZMP was highlighted in a report to Council on 11 August 2016 regarding a potential sea wall at Woolgoolga.

Consultation:

The draft Coastal Management SEPP was announced on 11 November 2016 and the public exhibition period on the SEPP and associated maps and documents will conclude on 23 December 2016. This is a very short exhibition period given the nature of the proposed changes.

The consultation strategy undertaken as part of the (coastal) CZMP was outlined to Council in the report to Council dated 10 December 2015.

Consultation on the (estuary based) CZMPs involved a range of community and stakeholder processes, including guidance from the Coast and Estuary Management Advisory Committee and a range of community workshops and surveys, and also included public exhibition periods.

Related Policy, Precedents and / or Statutory Requirements:

The documents developed to date in all stages of the overall coastal management body of work have been prepared in accordance with the following legislation:

·      Environmental Planning and Assessment Act 1979;

·      Environmental Planning and Assessment Regulation 2000;

·      The Department of Planning Standard Instrument (LEPs) Orders (gazetted March 2006, amended September 2006 and July 2008);

·      Relevant State Environmental Planning Policies;

·      Coastal Protection Act 1979;

·      Coastal Protection Regulations 2011;

·      Relevant Section 117 Directions;

·      NSW Government Coastal Policy and related documents; and

·      Mid North Coast Regional Strategy 2009;

·      The Coffs Harbour 2030 Plan;

·      Council’s Climate Change Policy (2013); and

·      Planning Practice Notes and Guidelines issued by the Department of Planning and Environment.

Implementation Date / Priority:

Council needs to lodge its submission on the exhibition of the draft Coastal Management SEPP by 23 December 2016.

As explained earlier, revisiting the certification process for the CZMP (and progressing the estuary based CZMPs) should be undertaken prior to adoption of the draft Coastal Management SEPP and the subsequent activation of the Coastal Management Act 2016.  This will enable Council to implement the various management strategies outlined in the CZMPs, and to qualify for funding opportunities for those management strategies.

It is not known when the adoption of the draft Coastal Management SEPP and associated maps and documents will occur, however as mentioned above the public exhibition period on the SEPP and associated maps and documents will conclude on 23 December 2016.

It is also not known when certification of the CZMP will occur, however the announcement of the draft Coastal Management SEPP was accompanied by the statement that the Minister is encouraging councils to certify existing CZMPs.

Conclusion:

This report has provided Council with an overview of the draft Coastal Management SEPP and associated maps and documents currently on public exhibition.  The report includes a submission from Council on the draft Coastal Management SEPP (Attachment 1), and Council’s endorsement of the submission is recommended.

This report has also recommended that Council write to the Minister for Planning requesting that he resume the certification process of the Coffs Harbour CZMP under Section 55G of the Coastal Protection Act, and commence the certification process for Council’s adopted estuary based CZMPs. 

 


Ordinary Council Meeting Agenda                                                      8 December 2016

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Ordinary Council Meeting Agenda                                                      8 December 2016

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Ordinary Council Meeting Agenda                                                      8 December 2016

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Ordinary Council Meeting Agenda                                                      8 December 2016

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Ordinary Council Meeting Agenda                                                      8 December 2016

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Ordinary Council Meeting Agenda                                                      8 December 2016

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Ordinary Council Meeting Agenda                                                                               8 December 2016

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Ordinary Council Meeting Agenda                                                      8 December 2016

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Ordinary Council Meeting Agenda                                                    8 December 2016

SC16/66       Submission on the Review of SEPP 44 - Koala Habitat Protection

Author:                        Senior Biodiversity Officer

Authoriser:                  Director Sustainable Communities

Coffs Harbour 2030:   LE3 Our natural environment and wildlife are conserved for future generations

Attachments:              ATT1  SC16/66   Coffs Harbour City Council's submission to the review of SEPP 44

ATT2  SC16/66   Explanation of Intended Effect: State Environmental Planning Policy No 44 - Koala Protection  

 

Executive Summary

The objective of this report is to provide Council with an overview of the changes as exhibited to State Environmental Planning Policy 44 – Koala Habitat Protection and provide a submission for lodgement with the State Government (Attachment 1). The State government’s Explanation of Intended Effect with regard to the proposed changes are provided for information (Attachment 2).

The Department of Planning and the Environment has provided a short exhibition period for the exhibited Explanation of Intended Effect and at this stage has no intention of exhibiting a draft State Environmental Planning Policy (SEPP) or guidelines. Local government has a key role in delivering any revised SEPP however many details remain unknown.  The submission focuses on improving the consultation to allow for further input once the draft SEPP and guidelines are developed.

 

Recommendation:

That Council endorses the submission (Attachment 1) to the NSW Government regarding the review of State Environmental Planning Policy No 44 – Koala Habitat Protection.

 

Report

Description of Item:

The Explanation of Intended Effect: State Environmental Planning Policy (SEPP) No 44 – Koala Habitat Protection was released by the NSW Government on 18 November and is on exhibition until 16 December 2016 (Attachment 2).

The Explanation of Intended Effect was released by the NSW Department of Planning and the Environment (the Department) as required under Section 38 of the Environment Planning and Assessment Act 1979 (EP&A Act).  Section 38 of the EP&A Act requires the Department to publicise an explanation of the intended effect of the proposed instrument, and to seek and consider submissions from the public on the matter.  It should be noted that there is no requirement to release a draft SEPP for consultation and that the Department has confirmed that they do not intend to exhibit a draft SEPP or revised guidelines for consultation following this exhibition period.

SEPP 44 encourages local councils to conserve and manage koala habitat to ensure populations remain stable and population decline is reversed. SEPP 44 applies controls to development applications in listed local government areas, including Coffs Harbour. 

SEPP 44 also gives Councils the ability to develop comprehensive koala plans of management such as the Coffs Harbour Koala Plan of Management 1999.  Comprehensive koala plans of management look at koala habitat on a landscape scale and are more effective at conserving koala populations than individual koala plans of management which look at site specific issues.  Individual koala plans of management are currently required when no comprehensive koala plan exists and when a development application has been made to land with an area greater than one hectare that contains core koala habitat.

The updates propose to simplify the development assessment process by replacing the requirements to prepare an individual plan of management with set criteria in a yet to be released guideline. 

The yet to be released guidelines will also include details regarding the preparation of comprehensive koala plans of management and how koala habitat and the presence of koalas are to be surveyed.

The updates outline a streamlined consistent approach for development assessment through standardised requirements in updated guidelines.  However the guidelines have not been released. There is concern that using guidelines will fail to result in the avoidance of habitat fragmentation because a site assessment approach, as generally used in development assessment, will be favoured in lieu of a landscape assessment (that is, a wider approach taking into account surrounding landforms, biodiversity attributes and connections).

Changes are also proposed to the definition of koala habitat that will be detailed in the yet to be released SEPP and guidelines.  This could be an area of great impact to koala populations in Coffs Harbour and will be closely reviewed once further details are provided. 

Further changes are also proposed to expand the list of koala feed trees from the current ten species to an updated list of 65 tree species that is responsive to the variation in koala habitat and behaviour.  However three of the trees listed in the Coffs Harbour Koala Plan of Management 1999, and used locally by koalas, are not listed.

Several administrative changes are also proposed including the relocation of plan making functions to Local Planning Directions (s117) which will simplify the process of making koala plans of management.

Issues:

The Department of Planning and the Environment has provided a short exhibition period for the exhibited Explanation of Intended Effect and at this stage has no intention of exhibiting a draft SEPP or guidelines.

Local government has a key role in delivering any revised SEPP however many details remain unknown.  The submission focuses on improving the consultation to allow for further input once the draft SEPP and guidelines are developed.

Options:

1.   That Council endorse the attached submission for lodgement with the State Government on the Explanation of Intended Effect: State Environmental Planning Policy (SEPP) No 44 – Koala Habitat Protection.

2.   That Council not endorse the attached submission and provide an amended submission to the Explanation of Intended Effect: State Environmental Planning Policy (SEPP) No 44 – Koala Habitat Protection.

3.   That Council provide no submission to the Explanation of Intended Effect: State Environmental Planning Policy (SEPP) No 44 – Koala Habitat Protection.

This report recommends that Council pursue Option 1 as outlined.

Sustainability Assessment:

•     Environment

Koalas are an iconic species in Australia, and their long term survival will depend on all spheres of government and the community working together to protect their natural habitat. Coffs Harbour has one of 12 significant coastal koala populations in New South Wales with localised areas supporting koala habitat with high-density populations.  The amendments could be of great impact to local koala populations and will be closely reviewed once further details are provided.

•     Social

The Coffs Harbour community has a desire to see their natural environment protected and conserved for future generations. This broad vision has been championed, along with other more specific goals and strategies, in the Coffs Harbour 2030 Community Strategic Plan (CSP) which was adopted by Council in 2009.

•     Civic Leadership

The reform package will impact on the following objectives of the Coffs Harbour 2030 CSP and the recommended submission (Attachment 1) discusses issues relating to these objectives:

-      LP1 - Coffs Harbour is a regional centre for future-driven, innovative and green business and industry

-      LC3 - We have strong civic leadership and governance

-      LE1 – We share our skills and knowledge to care for our environment

-      LE3 - Our natural environment and wildlife are conserved for future generations

-      LE4 - We reduce our impact on the environment.

•     Economic – Broader Economic Implications

Council’s Koala Plan of Management provides broad economic benefits to the community, primarily in relation to the ongoing sustainable management of this unique icon in the landscape.  The long term persistence of the local koala population appeal is important to the region’s identity as an eco-tourism destination.

•     Economic - Delivery Program/Operational Plan Implications

Local Government has an essential role to play in managing and planning for koala habitat. Council has developed strategies and plans, and made changes to land use planning instruments to incorporate the protection of koala populations.  The current Coffs Harbour Koala Plan of Management 1999 requires updating and will need to comply with the yet to be released guidelines.

Risk Analysis:

There remains a great deal of uncertainty regarding the finer details of the changes.  Once further details are released Council will need to undertake a comprehensive review of its policies and procedures to ensure consistency.

Consultation:

Submissions on the Explanation of Intended Effect (Attachment 2) are invited throughout the consultation period from 18 November until 16 December 2016.  A submission has been prepared for lodgement with the State Government and is included as Attachment 1. 

Related Policy, Precedents and / or Statutory Requirements:

The Explanation of Intended Effect outlines changes to the State Environmental Planning Policy 44 – Koala Habitat Protection.

Relevant documents of Council that will be impacted and may require amendment include the Coffs Harbour Koala Plan of Management 1999, the Coffs Harbour Local Environment Plan 2013 and the Coffs Harbour Development Control Plan 2015.

Implementation Date / Priority:

If endorsed by Council, the Coffs Harbour City Council submission (Attachment 1) will be lodged immediately.

The public consultation period runs from 18 November until 16 December 2016 with the Department of Planning and Environment not giving any further timelines except that once submissions have been reviewed and a decision made, an update will be made available on the Department’s website.

Conclusion:

This report has provided Council with an overview of the Explanation of Intended Effect: State Environmental Planning Policy (SEPP) No 44 – Koala Habitat Protection as exhibited by the NSW Government, and a submission for lodgement with the State Government.

 


Ordinary Council Meeting Agenda                                                      8 December 2016

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Ordinary Council Meeting Agenda                                                      8 December 2016

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Ordinary Council Meeting Agenda                                                    8 December 2016

SC16/67       Coffs Harbour City Council Strategic Flying-fox Camp Management Plan

Author:                        Senior Biodiversity Officer

Authoriser:                  Director Sustainable Communities

Coffs Harbour 2030:   LE3 Our natural environment and wildlife are conserved for future generations

Attachments:              Nil

 

Executive Summary

The objective of this report is to inform Council on the development of a Local Government Area (LGA) wide draft Strategic Flying-fox Camp Management Plan to strategically manage the three permanent camps on Council managed land and provide direction for temporary camps that may develop.

The report also informs Council about the community consultation aspects that will commence in early 2017.

 

Recommendation:

That Council:

1.       Note the preparation of a Local Government Area wide draft Strategic Flying-fox Camp Management Plan.

2.       Note that a community steering committee will be established consistent with the Office of Environment and Hertiage Flying-fox Camp Management Plan Template 2016.

3.       Note that a further report will be brought back to Council for consideration upon completion of the draft Strategic Flying-fox Camp Management Plan, prior to its public exhibition.

 

Report

Description of Item:

The Coffs Harbour Local Government Area (LGA) is home to three permanent flying-fox camps, Woolgoolga Lake Camp (listed as a nationally important flying-fox camp), Coffs Creek Camp, and Toormina Camp (also listed as a nationally important flying-fox camp), with temporary camps establishing in other areas from time to time.

Flying-foxes play an important role in pollination and seed dispersal for many plants and are protected in NSW under the National Parks and Wildlife Act 1974 (NPW Act) and, in the case of the grey-headed flying-fox, under the Threatened Species Conservation Act 1995 (TSC Act) and the federal Environment Protection and Biodiversity Conservation Act 1999.  However, loss of foraging and roosting habitat has meant that flying-foxes increasingly occur in camps in urban centres and can create conflict with community concerns relating to health, noise, and odour.

Council has received a grant from the State government to prepare a LGA wide Strategic Flying-fox Camp Management Plan that will allow Council to manage all three permanent camps. The grant was matched with funds from the Environmental Levy and will allow Council to develop a consistent approach that recognises ecological values while minimising community impacts.

The Plan must comply with the Office of Environment and Heritage (OEH) Flying-fox Management Policy 2015 and use the OEH Flying-fox Camp Management Plan Template 2016 as a basis.  This policy and plan template requires community consultation to ensure that the plan meets the needs of the local community.

To facilitate effective community engagement, a community steering committee will be involved in the Plan’s development and review.  Expressions of interest will be invited from residents surrounding the three permanent camps in addition to targeted invitations to local interest groups.  An advertisement will also be run in the local newspaper to provide a wider distribution. Once the draft Plan is developed, it will be put to Council for approval to exhibit thereby ensuring another opportunity for public comment.

Issues:

Flying-fox camps can raise concerns about possible health risks for community members. Concerns include flying-fox infections, noise, odour and the impact of flying-fox droppings on houses, cars and washing.

Human infections with viruses borne by flying-foxes are very rare.  While Australian bats have been found to carry two viruses, Lyssavirus and Hendra, Lyssavirus is not spread through flying-fox urine or droppings and can only be spread through the bite or scratch of a flying-fox.  In regards to the Hendra virus there is no evidence that people can catch Hendra directly from flying-foxes, the virus must be transmitted from infected horses.

Regardless, high levels of community concern can occur and care will be taken throughout the project to listen to community concerns and respond appropriately. 

Options:

Note the report.

Sustainability Assessment:

•     Environment

Flying-foxes play an important role in pollination and seed dispersal for many plants which ensures the survival of our native forests. They do this over much larger distances than birds or insects and establish permanent and semi-permanent camps near food sources and for birthing. Campsites where young are born can become very important to flying-foxes, with some camp-sites in NSW having recorded use for over a century.

•     Social

Residents living nearby flying-fox camps can be affected by noise and odour which reduces social amenity.  The LGA wide Strategic Flying-Fox Camp Management Plan will try to reduce conflict by addressing community concerns relating to health, noise, and odour.

•     Civic Leadership

Local Government has an essential role to play in managing and planning for biodiversity and amenity on both public and private land.  The LGA wide Strategic Flying-Fox Camp Management Plan will assist Council to deliver on the following objectives of the Coffs Harbour 2030 Community Strategic Plan:

LC3 - We have strong civic leadership and governance

LE1 - We share our skills and knowledge to care for our environment

LE3 - Our natural environment and wildlife are conserved for future generations

PL 2 - Our public spaces are enjoyed by all our people.

•     Economic – Broader Economic Implications

The development of an LGA wide Strategic Flying-fox Camp Management Plan will assist resource management by ensuring a consistent approach for both permanent and temporary camps.

•     Economic - Delivery Program/Operational Plan Implications

The development of an LGA wide Strategic Flying-fox Camp Management Plan will streamline the management of the existing camps and provide guidance in the day to day management of council assets.

Council has received a grant from the State government to prepare a LGA wide Strategic Flying-fox Camp Management Plan that will allow Council to strategically manage all three permanent camps. The grant was matched with funds from the Environmental Levy and allows Council to employ a consistent approach that recognises ecological values while minimising community impacts. There are no implications to Council’s 2016/17 Operational Plan.

Risk Analysis:

Inappropriate management of flying-fox camps may increase the prevalence of disease within flying-fox populations, and consequently the risk of transfer to humans.  Therefore the camp Management Plan will undertake a risk assessment approach to determining the appropriate level of management and the associated mitigation measures required.

It is possible that the consultation process may be an outlet for community concern regarding nearby flying-fox camps.  The Plan’s development and associated consultation process will facilitate community participation and will include an education component.

Consultation:

Early and effective community engagement and education have benefits for both communities and Council. These benefits include improving understanding of the behaviour of flying-foxes, the ecological role they play and what needs to be considered when managing a camp. Effective engagement and education are necessary to ensure that a solution acceptable to the community is developed.

The establishment of a community steering committee to assist in the Plan’s development and review will facilitate community participation.  Once the draft Plan is developed, it will be put to Council for approval to exhibit thereby ensuring another opportunity for public comment.

Related Policy, Precedents and / or Statutory Requirements:

Management of flying-foxes requires recognition that, as native fauna, they are protected in NSW under the National Parks and Wildlife Act 1974 (NPW Act) and, in the case of the grey-headed flying-fox, under the Threatened Species Conservation Act 1995 (TSC Act) and the Federal Environment Protection and Biodiversity Conservation Act 1999.

A licence under the TSC Act is generally required to undertake work, such as vegetation pruning or removal, in an area used by flying-foxes.  The development of a flying-fox camp management plan will streamline the licensing of flying-fox camp management actions with approvals issued for five years.  This avoids land managers having to repeatedly seek approval from the State Government for ongoing camp management actions.

Implementation Date / Priority:

Community consultation is expected to commence in late January 2017, with a draft Plan for exhibition by May 2017 and the project be finalised by July 2017.

Conclusion:

This report provides Council with information regarding the development of an LGA wide draft Strategic Camp Flying-fox Management Plan to strategically manage the three permanent camps and provide direction for temporary camps. It also informs Council about community consultation that will commence in early 2017.

 


Ordinary Council Meeting Agenda                                                    8 December 2016

SC16/68       JRPP Assessment Report for Development Application 0751/16DA

Author:                        Development Assessment Coordinator

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC16/68   JRPP Report - Development Application 0751/16DA  

 

Executive Summary

To advise that a development assessment report, prepared by Council, for Development Application 0751/16DA, has been lodged with the Joint Regional Planning Panel (Northern Region). 

The proposed development is for a hotel (80 rooms including restaurant, pool/recreation area), offices, car parking, reconfiguration/reconstruction of approved shop areas at 63 Harbour Drive (Lot 1 DP 796866), 31 Vernon Street (Lot 1 DP 421199) and 35 – 61 Harbour Drive (Lot 6 DP 721353, Lot 1 DP 43845, Lot 6 Section 7 DP 758258 and Lots 1 -3 & Part Lot 4 Section 8 DP 758258), Coffs Harbour.  The estimated cost of construction is $20,100,000.  Under State Environmental Planning Policy (State and Regional Development) 2011, developments with a capital investment value of more than $20 million, are required to be determined by the Joint Regional Planning Panel (Northern Region) and not Council.

A copy of the development assessment report that has been provided to the Panel is appended to this report.  It is being recommended that the Joint Regional Planning Panel refuse the application on the basis of carparking and height issues which are discussed in detail within the report.

It is recommended that the content of this report be noted.

 

Recommendation:

That Council note the report.

 

REPORT:

Description of Item:

The purpose of this report is to advise that Development Application 0751/16DA is scheduled for consideration by the Joint Regional Planning Panel (Northern Region).  This application proposes development of a hotel (80 rooms including restaurant, pool/recreation area), offices, car parking, reconfiguration/reconstruction of approved shop areas.

Issues:

·    Proposed Development

Development Application 0751/16DA proposes nine additional building levels to those approved under Development Consent 0960/13DA, to provide a total finished development that consists of eleven above ground levels and one basement level.  The development can be described level by level as follows:

Level 02

car parking (45 car parking spaces)

Level 03 and 04

offices (1792.9 m2), shop (back of house, 260 m2)

Level 05

hotel lobby, restaurant, outdoor pool/lounge, offices/board rooms

Level 06

hotel rooms (12 rooms)

Level 07 to 10

hotel rooms (17 rooms per floor – Total 68 rooms)

 

The proposed development exceeds the height limit of 17 metres and the floor space ratio of 2.5:1 that is specified for the site under Coffs Harbour Local Environmental Plan 2013.  The appended report recommends that the Joint Regional Planning Panel refuse the application.  The reasons for refusal are appended in the report.

The development assessment report, that is appended, addresses all matters that are required to be considered.

·    Joint Regional Planning Panel Determination

Clauses 20 and 21 of State Environmental Planning Policy (State and Regional Development) 2011 specify that Council consent functions are to be exercised by regional panels for developments of a class or description included in Schedule 4A of the Environmental Planning and Assessment Act 1979.  This includes the determination of applications where the capital investment value of the development is more than $20 million.  The development proposed under Development Application 0751/16DA has a capital investment value of $20,100,000.

·    Process for Development Applications Determined by the Joint Regional Planning Panel

Development applications which are determined by the Joint Regional Planning Panel are lodged with Council in the normal manner.  Staff assess these applications following the normal processes, as required by the Environmental Planning and Assessment Act 1979 and Regulations.

Staff then provide a development assessment report, with recommendations, to the Panel for determination.

·    Assessment Report

The Assessment Report is provided to the Panel Secretariat.  The report is placed on Council's website (via a link) and the Regional Panel website prior to the Regional Panel determining the application.  A copy of the Assessment Report is appended to this report.

Options:

·    The Role of Councillors

A number of operational procedures and fact sheets have been developed by the Joint Regional Planning Panel.  The following information is relevant to Councilors role in applications determined by the Panel.

"The elected council has no role in approving, authorising or endorsing the assessment report."

"The elected Council has the opportunity to provide a submission to the Regional Panel on matters being determined in its area. Councilors (except any councilors that have been appointed to the Regional Panel) as members of the council, can determine to provide a submission to the Regional Panel about the matter to be determined.  The Council is able to be represented at the Regional Panel meeting to address the meeting about its submission."

Sustainability Assessment:

•     Environment

The purpose of this report is to advise that Development Application 0751/16DA is scheduled for consideration by the Joint Regional Planning Panel.  Matters relating to environmental impacts associated with the proposed development are addressed in the development assessment report appended to this item.

•     Social

The purpose of this report is to advise that Development Application 0751/16DA is scheduled for consideration by the Joint Regional Planning Panel.  Matters relating to social impacts associated with the proposed development are addressed in the development assessment report appended to this item.

•     Economic – Broader Economic Implications

There are no economic implications that will result from Council’s consideration of this matter and adoption of the recommendation.

•     Economic - Delivery Program/Operational Plan Implications

There are no implications for Council’s Delivery Program or adopted Operational Plan.

Risk Analysis:

Risk analysis matters have been considered.  The recommendation is that Council note the content of this report and adoption of this recommendation will not result in any significant risk to Council.

Consultation:

The application was publicly advertised and notified 26 May 2016 to 08 June 2016.  Forty-four submissions were received with forty-three being in support and one was against the proposed development.

Related Policy, Precedents and / or Statutory Requirements:

The process for assessment of development applications is a statutory process defined by the Environmental Planning and Assessment Act 1979.  This includes the statutory provisions which determine that the application will be determined by the Joint Regional Planning Panel.  A number of operational procedures that have been developed by the Joint Regional Planning Panel, specify procedural matters for the Panel and its decisions.

The statutory considerations with respect to assessment of the development application have been addressed in the development assessment report that is appended to this item.

Implementation Date / Priority:

The Joint Regional Planning Panel has advised that this application will be considered on 14 December 2016.

Conclusion:

This report provides some detail of Development Application 0751/16DA and the process of consideration of the application by the Joint Regional Planning Panel.

 


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Ordinary Council Meeting Agenda                                                                               8 December 2016


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting Agenda                                                      8 December 2016


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting Agenda                                                    8 December 2016

SC16/69       Coffs Coast Tourism Strategic Plan 2020 - Visitor Information Services - implementation update

Author:                        Group Leader City Prosperity

Authoriser:                  Director Sustainable Communities

Coffs Harbour 2030:   LP2 We have a strong and diverse economy

Attachments:              Nil

 

Executive Summary

The Coffs Coast Tourism Strategic Plan 2020 was adopted by Council on 26 May 2016, which included a new model for visitor information services.

However, through further consideration at meetings in July 2016 and August 2016, Council resolved to undertake a staged approach to the implementation of the new visitor services model, over a 6 month period.

This report provides a summary of the implementation to date.  The eight key transitional actions within the new visitor services model are either now complete or in progress.  With the implementation well under way, Council can now close the Coffs Harbour Visitor Information Centre at the conclusion of the six month rollout on 29 January 2017. 

 

Recommendation:

That Council:

1.   Notes the implementation update of the visitor information services model.

2.   Acknowledges the eight key transitional actions within the new visitor services model are either complete or in progress and accordingly, closes the Coffs Harbour Visitor Information Centre on 29 January 2017, consistent with the adopted Coffs Coast Tourism Strategic Plan 2020.

 

Report

Description of Item:

The need to develop the Coffs Coast Tourism Strategic Plan 2020 was identified as an important priority following the establishment of a new Coffs Harbour City Council s355 tourism committee – Destination Coffs Coast Committee (DCCC) in July 2015.

The Coffs Coast Tourism Strategic Plan 2020 has been developed by consultants Wray Sustainable Research & Planning, Sarah Lebski & Associates and Bill Fox & Associates in cooperation with the DCCC and is underpinned by a comprehensive situational analysis and stakeholder engagement process.

The strategic plan aims to strengthen the Coffs Coast visitor economy by increasing overnight visitor stays, length of stay, expenditure, and dispersal across the region. This will be achieved by positioning the Coffs Coast as a leading regional destination for leisure and nature-based tourism, events and cultural experiences.

A single vision was created through consultation with stakeholders to guide the strategic direction of tourism across the Coffs Coast over the next five years:

To support the sustainable growth of tourism through the inclusive partnership of government and local businesses, that positions the Coffs Coast as a regional destination for events and quality tourism experiences, which are connected to our natural and coastal environments, our vibrant and culturally distinctive hinterland communities and our relaxed way of life.

Following public exhibition of the draft plan, the final plan was reported to Council at its meeting of 26 May 2016, where it was resolved that Council:

1.       Adopts the Coffs Coast Tourism Strategic Plan 2020 (Attachment 1).

2.       Notify parties who made a submission during consultation described in this report of Council’s decision.

At its meeting of 28 July 2016, Council considered a Mayoral Minute, where it resolved:

That taking on board that the Coffs Coast Tourism Strategic Plan 2020 is now adopted by Council, that Council bring back a detailed costing to run the Coffs Harbour Visitor Information Centre till the end of January 2017, concurrently with the following actions:

 1.      A centralised group bookings facility accessible over the phone email and internet during business hours

 2.      Redirection of visitors to the Coffs Coast App and website for 24/7 information

 3.      Decentralised availability of collateral and free, limited visitor advice through partners in high traffic areas, eg. Coffs Central, Toormina, Park Beach Plaza, Big Banana, Dolphin Marine Magic

 4.      Pop-up presence at selected large events in the city

 5.      Consider limited location digital mini-kiosks or signposts, supported by free wi-fi, eg. at the Jetty shops area, city square

 6.      Widespread ambassador-type program enrolling and training staff from cafes, service stations, restaurants, taxi drivers and others, to be certified, to provide free, helpful advice for visitors.

 7.      Promotion of the new service delivery and its benefits

And a report be brought back early 2017.

At its meeting of 25 August 2016, Council considered a further report, where it resolved that Council:

1.   Undertakes a staged approach to the implementation of the new model for visitor information services under the adopted Coffs Coast Tourism Strategic Plan 2020, over a six month period.

2.   Allocate funding of $140,000 to run the Coffs Harbour Visitor Information Centre for a six month period until 29 January 2017, concurrently with the remainder of the actions referenced in s11.1.1 from the Visitor Information Services section of the adopted Coffs Coast Tourism Strategic Plan 2020.

3.   Receive a report in late 2016 on the status of the staged approach to the implementation of the new model for visitor information services under the adopted Coffs Coast Tourism Strategic Plan 2020.

S11 Visitor Information Services

The business paper accompanying the final Coffs Coast Tourism Strategic Plan 2020 specifically drew out the changes to Visitor Information Services:

The draft plan proposed a move away from a reliance on a single physical location for visitor services, and to adopt a more distributed visitor services model, which will be accessible to visitors in a wider range of locations across the LGA (more points of contact). The consultant recommendations included that visitor information services should be reassessed to consider innovative, digitally based solutions for exciting and cost effective service delivery.

In parallel with the public exhibition of the draft strategy, Council has finalised a review of visitor information services.  The purpose of the review was to investigate alternate delivery models for visitor services, to more efficiently provide a quality service to visitors, and provide ratepayers with better value for money on the current Council expenditure. 

The review considered the current operating model of the Visitor Information Centre (VIC), approaches adopted by other LGAs, the available technologies, consumer booking behaviour and trends, and the findings of the Draft Coffs Coast Tourism Strategy 2020.

The principal findings were:

·    There continues to be a substantial and significant shift in consumer search behaviour towards searching and booking on the Internet.

·    Many LGAs in NSW are grappling with the issue of how to operate their VICs in a sustainable way, and are reporting dropping foot traffic and booking revenue.

·    Most LGAs are considering how to improve digital access to visitor services for customers, through websites, apps and/or kiosks.

·    There is an increasing trend for consumers to book direct with properties, often at the last moment.

·    A bricks-and-mortar centric approach to visitor services is outdated, too expensive to run, and inflexible, in light of changing consumer search patterns.

·    The majority of the Coffs Harbour VIC’s booking revenue comes from group bookings, often related to large events, which do not require a “retail” shopfront, and can be delivered via telephone, email and/or the internet.

·    Digital technologies can play a role in facilitating access to visitor services, but are not a panacea.

·    The Coffs Harbour VIC is no longer viable and should be closed.

The review considered options for alternate visitor services delivery models. These ranged from a refurbished, relocated VIC to a total reliance on volunteers, to a total reliance on digital, and a blend of distributed visitor services across a wider range of flexible formats.

The review concluded that the adoption of a blended distributed model for visitor services was the appropriate way forward for Coffs Harbour.  This would consist of:

1.   A centralised group bookings facility accessible over the phone, email and internet during business hours

2.   Redirection of visitors to the Coffs Coast App and website for 24/7 information

3.   Closure of the Coffs Harbour Visitor Information Centre, subject to property negotiations

4.   Decentralised availability of collateral, and free limited visitor advice through partners in high traffic areas, eg. Coffs Central, Toormina, Park Beach Plaza, Big Banana, Dolphin Marine Magic

5.   Pop-up presence at selected large events in the city

6.   Consider limited location digital mini-kiosks or signposts, supported by free wi-fi, eg. at the Jetty shops area, city square

7.   Widespread ambassador-type program enrolling and training staff from cafes, service stations, restaurants, taxi drivers and others, to be certified, to provide free, helpful advice for visitors.

8.   Promotion of the new service delivery and its benefits

The expected benefits of this approach include:

·    Easier, greater access to information for a wider group of visitors

·    More targeted deployment of scarce local market knowledge

·    More efficient use of Council resources, this proposal will significantly reduce (and possibly eliminate) the ongoing economic loss from VIC operations

·    Flexibility in responding to changing market requirements

·    Greater business and community involvement in the visitor economy

·    Business growth opportunities for industry operators supporting the new model

·    Support for Council’s Digital First initiatives

The new strategic action reads:

S11.1 Implement the recommendations of the Coffs Harbour City Council Review of Visitor Information Services.

Issues:

This report confirms the current status of the implementation of the blended distribution model for visitor services, by reporting on the first three months of the six month implementation (ie 50%) – 1 August to 31 October 2016.

Action

Status

Comment

1

A centralised group bookings facility accessible over the phone, email and internet during business hours

Complete (ongoing)

The centralised group bookings facility is now in place, under the responsibility of the new destination services officers, with group bookings accessible over the phone, email and internet during business hours.  These are nearly exclusively connected to new sporting event group bookings with the commencement of event hosting contracts at C.ex Coffs International Stadium.

2

Redirection of visitors to the Coffs Coast App and website for 24/7 information

Complete (ongoing)

An advertising campaign of print (Focus, Rally magazine, Advocate, Seniors Newspaper), outdoor (bus shelters and Civic signs), and digital (Facebook) advertising is already in place.

There have been 1406 new downloads of the Coffs Coast App during this three month period.

The number of Coffs Coast app-related enquiries to the CoffsCoast.com.au website has increased 46% vs last year for the same three month period.

Door counts at the Coffs Harbour Visitor Information Centre have declined by 4% for the same three month period.

3

Closure of the Coffs Harbour Visitor Information Centre, subject to property negotiations

In progress

Discussions are underway.

4

Decentralised availability of collateral, and free limited visitor advice through partners in high traffic areas, eg. Coffs Central, Toormina, Park Beach Plaza, Big Banana, Dolphin Marine Magic

In progress

Partnership discussions have commenced with the five high traffic sites, namely Park Beach Plaza, Coffs Central, Toormina Gardens, Big Banana and Dolphin Marine Magic.

All entities have committed to providing collateral and free limited visitor advice, and are considering their accreditation options.

·    One has commenced level 3 VIC accreditation application

·    Two are in the final stages of consideration regarding official accreditation or hub status.

·    One has confirmed hub status.

Two are sending staff for accreditation with upcoming training (see item 7) and two have indicated they will attend the next round of training.

5

Pop-up presence at selected large events in the city

Complete (ongoing)

The Visitor Services team, supported by Volunteers, has staffed visitor information pop up desks at a number of major Coffs events: Oztag Junior National Championships, WRC rally show and super special stages.  Southern Cross University stand scheduled for December (inter-state and international students).

The Pop-Up methodology has now been well tested in terms of operational implementation.

6

Consider limited location digital mini-kiosks or signposts, supported by free wi-fi, eg. at the Jetty shops area, city square

In progress

Free wi-fi is in the final stages of implementation at C.ex Coffs International Stadium.

An interim free wi-fi site will be in place in the City Square prior to Christmas, with a full service in place early 2017. 

The Jetty area, Park Beach and the holiday parks have also been earmarked for rollout in the first half of calendar 2017.

7

Widespread ambassador-type program enrolling and training staff from cafes, service stations, restaurants, taxi drivers and others, to be certified, to provide free, helpful advice for visitors.

In progress

Working with Destination NSW, Council has secured a Destination Ambassador training pilot program, and will utilise the high quality resources of TAFE Sydney and their experience from ambassador programs run in Sydney.  We are the first regional destination to receive this support from DNSW and TAFE, and at no cost to participants or Council. Course participants will be drawn from those active in the tourism industry, and include VIC volunteers, and staff members from the proposed Level 3 Accredited VICS (AVICS), and information hubs.

The Coffs Coast Champions program was launched at the Tourism Industry Engagement function in November.  Expressions of interest were received from more than 20 businesses. The first Champions training and networking session is being held on 30 November, and is targeted at businesses in the Visitor Economy.

8

Promotion of the new service delivery and its benefits

Complete (ongoing)

As outlined in item 2, an advertising campaign is underway and ongoing.

 

All actions are either complete/ongoing, or well underway, confirming the direction of the strategy.

Options:

The following options are available to Council:

1.   Adopt the recommendations provided in this report, continuing to operate the Coffs Harbour Visitor Information Centre until 29 January 2017 while concurrently delivering the remainder of the adopted visitor services outcomes.

2.   Amend the recommendations as Council may wish to propose alternate options. This may significantly impact the progress made to date by the DCCC and may require the Coffs Coast Tourism Strategic Plan 2020 to be revised, and may have associated budget implications.

3.   Reject the recommendations provided to Council. This may significantly impact the progress made to date by the DCCC and may require the Coffs Coast Tourism Strategic Plan 2020 to be completely revised, and may have associated budget implications.

Sustainability Assessment:

•     Environment

While the Coffs Coast Tourism Strategic Plan 2020 focuses on nature based tourism, there are no specific environmental outcomes from this report.

•     Social

The social impacts of ensuring that an effective working model exists for marketing the Coffs Coast appropriately are felt by the community through increased opportunities and access to employment programs and activities

•     Civic Leadership

Civic leadership is captured in Coffs Harbour 2030 through:

 

-    LP 1.1      Promote opportunities around renewable energy, sustainable tourism, sustainable agriculture and fisheries, local produce, creative and clean industries.

-    LP 6.1      Develop strong and effective partnerships between business, the community, educational institutions and Government

-    LE 1.1      Identify and promote the region’s unique environmental values

•     Economic – Broader Economic Implications

Tourism is one of the most important contributors to the growth and character of the Coffs Coast region encompassing the Coffs Harbour and Bellingen Shire local government areas (LGAs).  The annual economic contribution of tourism to the region is valued at approximately $490 million. It is estimated that the Coffs Coast receives 1.9 million visitors annually.

Given the significance of tourism to the Coffs Coast economy and the competitiveness of tourism in regional Australia, it is important that tourism is not only maintained and strengthened as an economic driver, but also planned and managed in a sustainable way to enhance and conserve the natural environment, protect the wellbeing of residents and attract visitors with shared values.

•     Economic - Delivery Program/Operational Plan Implications

$140,000 was allocated for the staged implementation, essentially to cover the operating deficit of the Coffs Harbour Visitor Information Centre over this implementation period.

It is anticipated that by the conclusion of the six month implementation, the $140,000 allocation will have been expended in full.

Risk Analysis:

The Coffs Coast Tourism Strategic Plan 2020 was adopted earlier in the year. Making significant changes to the strategy could be seen as undoing the valuable work of the Destination Coffs Coast Committee in delivering and championing the strategy.

Consultation:

Endorsed by the Destination Coffs Coast Committee, a comprehensive stakeholder engagement process and public exhibition of the draft Coffs Coast Tourism Strategic Plan 2020 were fully detailed in the report of 23 May 2016.

 

Further, at is meeting of 29 November 2016, the DCCC received an update on Coffs Harbour Visitor Information Services.  At this meeting, the DCCC reconfirmed the direction of the adopted strategy.

Related Policy, Precedents and / or Statutory Requirements:

The Coffs Coast Tourism Strategic Plan 2020 was adopted on 23 May 2016.

Implementation Date / Priority:

In accordance with the Coffs Coast Tourism Strategic Plan 2020, and consistent with the staged implementation of the new model for visitor information service, the Coffs Harbour Visitor Information Centre can be closed on 29 January 2017.

Conclusion:

The Coffs Coast Tourism Strategic Plan 2020 is an important document for the future of tourism in both the Coffs Harbour and Bellingen Shire LGAs, and the provision of visitor information services is integral to the delivery of the strategy.

 


Ordinary Council Meeting Agenda                                                    8 December 2016

SC16/70       Draft Creative Coffs - Cultural Strategic Plan 2017-2022

Author:                        Group Leader Community & Cultural Services

Authoriser:                  Director Sustainable Communities

Coffs Harbour 2030:   LP2 We have a strong and diverse economy

Attachments:              ATT1  SC16/70   Draft Cultural Policy

ATT2  SC16/70   Draft Creative Coffs - Cultural Strategic Plan 2017-2022  

 

Executive Summary

Coffs Harbour City Council has demonstrated a long-standing commitment to the vitality of the cultural life of the Local Government Area (LGA). 

This report recommends the public exhibition of a draft Cultural Policy and a draft Creative Coffs - Cultural Strategic Plan 2017- 2022 as Stage 1 of a two stage cultural strategic planning process.

The draft Policy and Plan have been endorsed by the Cultural Reference Group and will provide a framework to guide the strategic direction, investment and outcomes of cultural and creative development in the LGA.  This investment includes the provision of cultural facilities, services and programs, financial support including grant-making, capacity building, facilitation, and partnership-building.

Both documents are underpinned by comprehensive situational analysis and extensive community and stakeholder engagement.

A report to consider Stage 2 of the cultural strategic planning process is planned to be tabled early 2017.  This report will consider issues and options relating to a Performance Arts Centre (performance and conference events) Feasibility and Cost Benefit assessment.

 

Recommendation:

That Council

1.   Endorse the public exhibition of the Draft Cultural Policy and the Draft Creative Coffs - Cultural Strategic Plan 2017-2022 for a minimum period of 28 days.

2.   Consider a further report at the conclusion of the public exhibition period.

3.   Subject to the final adoption of the Cultural Policy and Creative Coffs - Cultural Strategic Plan 2017-2022, considers a report on the Performance Arts Centre (performance and conference events) Feasibility and Cost Benefit Assessment (Stage 2).

 

Report

Description of Item:

Coffs Harbour City Council has demonstrated a long-standing commitment to the vitality of the cultural life of Coffs Harbour and appreciates how important it is to the social health and economic success of Coffs Harbour.

The draft Creative Coffs - Cultural Strategic Plan 2017-2022 and draft Cultural Policy were both developed in conjunction with the Cultural Reference Group and Positive Solutions - a consultant engaged for Stage 1 of this process.

The draft Policy and Plan have been endorsed by the Cultural Reference Group and will provide a framework to guide the strategic direction, investment and outcomes of cultural and creative development in the LGA.  This investment includes the provision of cultural facilities, services and programs, financial support including grant-making, capacity building, facilitation, and partnership-building.

Both documents are underpinned by comprehensive situational analysis and extensive community and stakeholder engagement.

Background to the Cultural Strategic Planning Process

The Coffs Harbour LGA enjoys an active and diverse cultural life, enjoyed by many in the broader community. Coffs needs to build on its strengths, develop our capacity and the depth of our cultural life to further enhance the attractiveness of Coffs Harbour as both a place to live in and to visit.

At its meeting of 26 November 2015, Council considered a report on an update to its cultural plan and resolved:

1.    That Council develop a Cultural Strategic Plan 2017-2022.

2.    That Council undertake a Feasibility and Cost Benefit Assessment of a Performing Arts Centre for Coffs Harbour which will include exploring options for public/private partnerships and assess existing venues for expansion or redevelopment opportunities.

3.    That Council allocates $90,000 to undertake the development of the Cultural Strategic Plan 2017-2022 and Performing Arts Centre Feasibility and Cost Benefit Assessment to be allocated from the Future Fund in the next Monthly Budget Review.

4.    That the outcomes of this strategic planning and feasibility assessment be the subject of a further Council report planned for mid 2016.

Further, at its meeting of 14 April 2016, Council considered a report on the Cultural Reference Group and resolved that Council:

1.    Appoints the following:

Mrs Leonie Henschke, Ms Stephanie Ney, Ms Cheryl Ward, Ms Margaret Hair, Ms Lisa Milner, Ms Tanya Watt, Ms Christina Monneron, Mr Lachlan Skinner

to membership of the Cultural Reference Group (CRG).

2.    Appoints a Councillor to chair the CRG.

3.    Notes the timeframes for reports relating to the Cultural Strategic Plan 2017-2022 (Stage 1) and the cultural, economic and financial feasibility study for a Performing Arts Centre (Stage 2).

The proposed draft Cultural Policy and Creative Coffs Cultural Strategic Plan 2017-2022 (Stage 1) puts forward strategies to recognise the central role of arts and culture to the liveability of our region including economic, social and cultural wellbeing through:

·     Promoting the Coffs Harbour region as a place for creative expression and recreational opportunities;

·     New sources of income generation, future growth and prosperity from the cultural economy and access to a wide variety of cultural products and services;

·     Foster the vision of our artists and creative industries and champion them to succeed

·     Preserve the unique cultural heritage of our city and enable a shared and deeper understanding of the people who live in the region.

·     Guide the cultural investment and activity over the next 5 years and inform our planning, programming and funding priorities.

An important component of Coffs Harbour LGA cultural strategic planning is to assess the potential strategic impacts and benefits of a new Performing Arts Centre (performance and conferencing events) in the region.  This component is part of the Stage 2 cultural planning project that includes a Feasibility and Cost Benefit Assessment for such a facility aligned with an updated Cultural Strategic Plan 2017-2022.  This will allow an analysis, integration and evaluation against the desired economic, social and cultural outcomes within this strategic context. 

Issues:

Stage 1 – Draft Creative Coffs - Cultural Strategic Plan 2017-2022 and Cultural Policy

Together, the draft Creative Coffs - Cultural Strategic Plan 2017-2022 and draft Cultural Policy are intended to provide the framework for Council’s future investment in arts and cultural development. Included in the plan are cultural aspects already listed in Council’s other strategic plans, in particular, in relation to tourism, heritage, economic development, the CBD Masterplan, events and the built environment.

In developing this plan, experiences of other regions were investigated, the existing arts and cultural life were catalogued and views and interests of the community were listened to.

There were consistent views expressed regarding the distinctive identity of the region including:

-      Rich in natural beauty: from islands and ocean to the rainforest and the mountains;

-      Strong Aboriginal culture and heritage: Gumbaynggirr country;

-      Diverse with people from many backgrounds;

-      An abundance of festivals and markets; and

-      Sports-focused: complementing a beach lifestyle.

A number of key issues were raised repeatedly through the community and stakeholder engagement including:

-      Communication and marketing

-      Co-ordination and networking across the sector

-      The need for improved cultural facility and precinct planning including a new central library and regional gallery, performing arts centre and affordable community and cultural space across the local government area.

Highly aware of the natural beauty of our region, the community has told Council that its vision for Coffs is for a creative and culturally rich life which is appreciative of its diverse people and optimistic about the future of creative enterprises.

As a result, the vision is:

“A vibrant and creative Coffs lifestyle enriched by its natural beauty, diverse people and capacity for innovation.”

To achieve this vision, it is proposed that Council working alongside the community and other partners focuses on the following goals during the next five years:

1. Engage our community and visitors in the cultural life of the area

2. Create and maintain vibrant cultural and public spaces

3. Understand and celebrate our cultural heritage and diversity

4. Value and support our creative industries

5. Encourage connections, collaboration and partnerships.

1.  Engage our community and visitors in the cultural life of the area

Achieving progress against this goal will focus on the challenges reported by the community in accessing the breadth and depth of opportunities which they would like to see in Coffs Harbour LGA.

It also includes the very important aspect of communication, marketing and promotion of existing options. The community reported real difficulty in finding out about events and programs. It is clear that this is adding to a sense that Coffs Harbour LGA does not have an active arts and cultural life when nothing could be further from the truth.

Council position statement:

We will foster broad arts and cultural participation, celebration and learning through a coordinated approach to maximise social, cultural and economic benefits.  Innovative, varied and imaginative methods will be encouraged to inform and engage diverse audiences. 

2.  Create and maintain vibrant cultural and public spaces

Our community has told us that quality cultural facilities, precincts and spaces (both built and online) make essential contributions to our region and lifestyle.  Council believes it has a vital role to play in providing and promoting cultural and community spaces and precincts for community and visitors.  Enhanced and new facilities will also assist, by providing focal points for activity, and raising the quality and range of presentation.  The selection of the site and ongoing progress with the new central library and regional gallery CBD project as part of a cultural and civic precinct also bodes well for Coffs cultural future. As well as the proposed improved library, regional gallery and co-working facilities, the provision of a performing arts centre has been consistently raised as desirable by members of the community.

Council position statement:

Our community has told us that quality community and cultural facilities, precincts and spaces make essential contributions to our region and lifestyle.  Council believes it has a vital role to play in providing and promoting cultural and community spaces (both physical and online) for community and visitors.

3.  Understanding and celebrating our cultural heritage and diversity

The community appreciate and value the access and sharing of a unique and diverse cultural heritage and life in the Coffs Harbour LGA. In particular, the importance of Aboriginal culture and heritage to the region’s identity was mentioned repeatedly. Consultees, including Aboriginal community members, noted a strong desire for Aboriginal experiences and culture from visitors and community members. The prominence of the Aboriginal language was also highlighted as a strength of the region. However, all felt that there were opportunities to further celebrate and engage with Aboriginal culture in the region.  In particular, there is scope for increased visibility of Aboriginal culture in the public realm and in local signage.

The Coffs Harbour LGA has a rich diversity of people from migrant and refugee backgrounds. It is clear that both these communities and the broader community see the benefits in communicating their heritage and stories.

Council position statement:

We will support the appreciation and expression of the Coffs Harbour's LGA unique and diverse cultural heritage and life. Our community believes that recording, protecting and sharing our stories is a source of community pride and essential to understanding our past, making sense of the present and informing our future. 

4.  Value and support our creative industries

While it is a cliché that one of the most valuable resources is our people, it is undeniably true in relation to arts, creative industries and culture in general where the value of the output is directly related to the quality of ideas and excellence of execution.  The skills needed for success are not just those related to the technical achievement of a product but also to the capacity to plan, manage and market that product, service or event.

The continued projected growth rate of creative industries both nationally and internationally represents a strong opportunity previously identified in Cultural Plans for the Coffs Harbour LGA.

There are also opportunities for continued strengthening of both creative industries and cultural tourism locally.  Local businesses and individuals will need to be ‘tourism-ready’ in relation to content, consistency, professionalism and this may call for capacity-building support. 

Increased opportunities for capacity development, education and training to contribute to growth and sustainability in this sector is required.

Council position statement:

We will nurture, celebrate and support our creative industries, harnessing arts and culture as a significant contributor to the city’s social and economic fabric.  Council acknowledges the significant impact the creative sector has on the economy and its contributions through employment, consumer spending, festivals and events and cultural tourism.

5.  Encourage connections, collaboration and partnerships

The community reported fragmentation of the arts and cultural sector in the region.  This is reflected in the lack of a central cultural, civic and arts hub, a lack of clear communication and marketing for events and activities and a lack of communication and coordination between venues and organisations. 

Opportunities can arise where creative people create personal and professional networks which can form and mutate as ideas and opportunities emerge. The recently formed Coffs Coast Creative Industries Network is one example of addressing fragmentation of the sector.

Community activism and individual initiative have resulted in significant wins for arts and cultural development locally – the reopening of the Sawtell cinema, the operation of the Bunker Cartoon Gallery through a community organisation, the marketing of Aboriginal cultural experiences, the number of festivals and events, the work of the Regional Conservatorium and many others.  This energy represents a tremendous resource, and contains the potential for future partnerships between organisations as well as with the Council. Council has implemented a service delivery and structure to allow for more integrated planning and service provision across its cultural development, library, museum, theatre and gallery services, strategic land use planning, heritage economic development, major events and tourism.

Few community aspirations and goals can be achieved by Council in isolation.  Indeed, many organisations and people have worked together to develop the goals, vision and strategies contained within this plan and we will need to work together to implement it.

Council position statement:

We will partner with cultural groups, organisations and individuals to effectively harness the community's passion and drive to make Coffs a more creative place.   Our community has told us that there is fragmentation in the sector and they see the Council bringing vital resources and expertise to assist create an environment of collaboration, information sharing and open communication.

Options:

The following options are available to Council:

 

1.   Adopt the recommendations provided in this report, allowing the draft Creative Coffs – Cultural Strategic Plan 2017-2022 and the draft Cultural Policy to be placed on public exhibition.

2.   Amend or reject the recommendations as Council may wish to propose alternate options.

3.   Reject the recommendations provided to Council which may impact on the valuable progress and contributions made to date on this matter.

Sustainability Assessment:

·    Environment

Both nature and celebration of the natural environment has been highlighted as a key importance to the cultural life and community in the development of the Plan.  A number of strategies are in place to reflect this and to assist sustainability of the cultural and creative sectors.

·    Social

The overall direction and the strategies outlined in the draft Cultural Policy and draft Plan identify clear social, economic and cultural benefits and outcomes to the community.  These recognise the central role of arts and culture to the liveability of our region including economic, social and cultural wellbeing.

·    Civic Leadership

Civic leadership is shown through the ongoing implementation of the Coffs Harbour 2030 Community Strategic Plan which includes the following objectives and strategies addressed by the Plan and Policy including:

-      LP 2  We have a strong and diverse economy

-      LP 3 Our city centre is a place where people can live, work and play

-      LP 1.2 Promote the Local Government area as a lifestyle location for e-workers.

-      LP 3.2 Develop the city centre as a social and cultural focus for Coffs Harbour.

-      LP 5.1 Promote and support a culture of lifelong learning.

-      LC 1.1 Build pride and identity in Coffs Harbour as a community and a place.

-      LC 1.6 Promote opportunities for all to fulfill their potential.

-      LC 4.1 Support local artistic and cultural expression.

-      LC 4.2 Support opportunities for artistic and cultural growth and enjoyment.

·    Economic – Broader Economic Implications

Strategies within the draft Plan identify areas of future growth and prosperity from the cultural economy and initiatives to provide increased access to a wide variety of cultural products and services, to foster the vision of our artists and creative industries and champion them to succeed.

·    Economic - Delivery Program/Operational Plan Implications

This draft Plan and draft Policy follows on from the Cultural Plan 2013-2016, which outlined a range of 45 strategies with deliverables each of varying scale. A review of progress against the 2013-2016 Plan revealed that under half the strategies had been implemented at least in part.  However, a further 22 strategies had not advanced primarily due to the lack of resourcing and integration into a corporate-wide delivery program planning and prioritisation process.

The draft Creative Coffs – Cultural Strategic Plan 2017-2022 has been developed with careful consideration of Council's current internal capacity and resources.  It recognises that delivering strategies that involve partnering with community, business and government need to be built upon.  These relationships will be particularly significant for the successful outcomes of infrastructure, programming and outreach strategies.  Assessment of the appropriate role(s) for Council will form part of the consideration of Council’s involvement in any project or activity.

Implementation of the strategic plan will require an ongoing allocation of Council funds and other project bid and project based grant allocations (if successful) and a detailed operational work plan for each strategy. These will need to be developed as part of the business planning and delivery program processes and considered in Council’s long term budget forecasts against Council's overall future funding and delivery priorities.

Risk Analysis:

Risk analysis will be made on a strategy by strategy basis. The draft Policy and the draft Plan are intended to ensure that clear planning proceeds at an operational level in in a manner which supports other Council strategies and plans. It is also intended to mitigate the risk of unco-ordinated or ad hoc action.

Discussion was held with the Cultural Development Network (CDN) – a consortium body of local government officers concerned with arts and cultural development.  The CDN has recently focused on ways of measuring cultural outcomes – which is relevant to how councils understand the value and impact of their investment in cultural development.  This paper has particularly influenced the way in which key performance measures have been framed in the Goals and Strategies section of this draft Plan.

Consultation:

A comprehensive stakeholder engagement process was undertaken by consultants and staff between June and November 2016 and included:

-      Individual interviews with stakeholders.

-      Seven focus group discussions that were held with different sections of the community.

-      Several meetings with the Cultural Reference Group, formed of eight community members from diverse backgrounds and chaired by the Mayor.

-      An online survey which enabled the wider community to describe their engagement with arts and cultural activity, and express their aspirations for future cultural development of the area.  857 responses were received.

-      A public meeting, attended by over 60 people.

-      Submission boxes in 7 locations across the local government area and submissions from individuals and organisations.

-      Information gathered from community consultations and surveys including the Community Wellbeing and Customer Satisfaction Surveys, MyCoffs 2030 Surveys and Big Picture events.

The Cultural Reference Group at their November 2016 meeting endorsed the draft strategies contained within the draft Plan.

Related Policy, Precedents and / or Statutory Requirements:

·    Cultural Policy and Cultural Plan 2013 -2016

·    Coffs Harbour City Libraries Strategic Plan 2012-16

·    Coffs Harbour LGA 2030 Community Strategic Plan

·    Coffs Harbour City Council Graffiti Management Strategy 2016-2020

·    Coffs Harbour City Council Heritage Strategy 2014-2017

·    Coffs Coast Tourism Strategic Plan 2020

·    Coffs Harbour Events Strategy 2020

·    Economic Strategy 2014 – 2017

·    Coffs Harbour City Centre Masterplan 2031

Implementation Date / Priority:

If approved, the draft Creative Coffs – Cultural Strategic Plan 2017-2022 and the draft Cultural Policy will be placed on exhibition for at least 28 days.  A summary document of the plan will also be developed to accompany the full version of the plan and policy during the exhibition period. 

Following a review of submissions received, the plan will be finalised and anticipated to be presented to Council for adoption in early 2017. It is anticipated that implementation from an operational planning perspective will take effect on 1 July 2017, however, the Plan will shape cultural planning priorities from the date of the Council resolution.

A report to consider Stage 2 of the Cultural Strategic Planning process is planned to be tabled for early 2017.  This report will be prepared following the anticipated final adoption of the Creative Coffs - Cultural Strategic Plan 2017-2022.  This report will consider issues and options relating to a Performance Arts Centre (performance and conference events) Feasibility and Cost Benefit Assessment.

Conclusion:

The draft Creative Coffs – Cultural Strategic Plan 2017-2022 and the draft Cultural Policy are important documents for the future of the cultural life, cultural development and creative industries in the Coffs Harbour LGA.

 


Ordinary Council Meeting Agenda                                                      8 December 2016

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Ordinary Council Meeting Agenda                                                      8 December 2016

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Ordinary Council Meeting Agenda                                                                               8 December 2016

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Ordinary Council Meeting Agenda                                                      8 December 2016

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Ordinary Council Meeting Agenda                                                                               8 December 2016

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Ordinary Council Meeting Agenda                                                    8 December 2016

SI16/44         Acquisition of land for public reserve purposes - Lot 11 DP 1193991  Mimiwali drive, North bonville

Author:                        Team Leader Property Development

Authoriser:                  Group Leader Strategic Asset Management

Coffs Harbour 2030:   LE3 Our natural environment and wildlife are conserved for future generations

Attachments:              ATT1  SI16/44     Land to be transferred - Lot 11 DP 1193991  

 

Executive Summary

DA 83/04 which relates to a large multi-lot residential subdivision at North Bonville proposed that certain land was to be dedicated as public reserve as part of the development. This subdivision, which has now been completed, failed to dedicate one such land parcel known as Lot 11 DP 1193991 as reserve upon its finalisation. The developer now wishes to dispose of this land and the only way this can be done is via a transfer process followed by a gazettal notification dedicating the received land as a public reserve.

 

 

Recommendation:

That Council

1.       Accept the transfer of Lot 11 DP 1193990.

2.       Note that all costs associated with the transfer, including legal expenses, mortgagee consent fees and registration expenses are the responsibility of the Transferor.

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

4.       Upon receipt of the land, classify it as Community Land in accordance with s31 of the NSW Local Government Act (1993).

5.       Following classification of the land, dedicate it as Public Reserve.

 

Report

Description of Item:

Utila Pty Ltd recently completed a residential subdivision which included a number of stages at North Bonville. The subdivision proceeded subject to Development Consent No 83/04 and as part of the project the developers were to dedicate identified lands as public reserve. At completion and for unknown reasons a land parcel known as Lot 11 DP 1193991 was not dedicated along with other required lands as public reserve.

 

Recently the developers of the estate approached Council to rectify the situation and arrange for Lot 11’s dedication as public reserve in line with the original consent. The land cannot be simply dedicated as public reserve at this point due to technical issues and the requirements of LPI (Land and Property Information). The only available option to rectify the existing situation is a two-step process which involves Council accepting a transfer of the land and then having it dedicated as Public Reserve via a notification in the Government Gazette.

 

Lot 11 has an area of 2,422 square metres and is currently zoned R2 Low Density Residential. This zone will be amended once Council owns the land and in due course to one that is appropriate to the land’s use as a public reserve.

 

The location of Lot 11 DP 1193990 is shown in the attachment to this report.

 

Utila Pty Ltd has agreed to transfer the land and to pay for all costs associated with the matter.

Issues:

Without the transfer proceeding the land would be retained by Utila Pty Ltd and could not be used for a public reserve as proposed under the original Development Consent. The land is constrained by vegetation and has little potential to be used for any other purpose.

Options:

Council has two options available:

 

1.       Council can accept transfer of the land on the terms contained in this report, or;

2.       Council not accept transfer of the land which would mean the land would be retained by Utila Pty Ltd.

 

It is recommended that Option 1 above will achieve the best community outcome.

 

Sustainability Assessment:

•     Environment

The transfer of the land will have a positive impact on the environment as it is heavily vegetated and adjoins Bongil Bongil National Park. It’s ownership by Council and classification as public reserve will ensure its preservation for the benefit of the community.

•     Social

The transfer of the land will have a positive social impact as the land provides additional public open space which provides a pleasant visual aspect to surrounding residential development.

•     Civic Leadership

Council’s 2030 Community Strategic Plan promotes environmental values with a major vision of the plan to “understand and value our unique natural environment and its cultural connections. We protect and restore our environment to conserve its unique biodiversity for future generations”.

•      Economic – Broader Economic Implications

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

 

•    Delivery Program/Operational Plan Implications

There will be zero impact to Council as all costs are to be paid by Utila Pty Ltd. Council will have some minor ongoing management costs.  The land in its current state requires little or no ongoing maintenance.  Any future enhancement on the space would entail a full Whole of Life cost analysis before being presented for funding consideration.

 

Risk Analysis:

Risks in relation to this matter are assessed as minor and insignificant.

Consultation:

All relevant internal stakeholders have been consulted. The principal external party has approached Council and has confirmed they will be responsible for all costs associated with the matter.

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 a proposal for Council to accept the transfer of a vegetated land parcel which will be dedicated as Public Reserve.

 


Ordinary Council Meeting Agenda                                                                               8 December 2016


Ordinary Council Meeting Agenda                                                    8 December 2016

SI16/45         Progress report on Jetty4Shores Stages 2-4

Author:                        Group Leader Strategic Asset Management

Authoriser:                  Director Sustainable Infrastructure

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

Attachments:              ATT1  SI16/45     Overall Works Plan  

 

Executive Summary

Stage 1 (the Walkway) of the Jetty4Shores project is complete. Detail design of Stages 2-4, (Kiosk Area, Market Area and Boardwalk) has been completed. The objective of this report is to update Council on the progress of the project in accordance with Council’s resolutions made at the meeting of 24 October 2013.

 

Recommendation:

That Council note the report.

 

Report

Description of Item:

The Jetty4Shores project, has been broken into 4 stages. Stage 1, the decorative walkway, gardens and pedestrian crossing has been completed. Stages 2-4 consist of the Kiosk Area, the Market Area, and the Boardwalk. These stages have been designed and are in the final stages of preparation to call Tenders for the construction of the works. Council has fast tracked the low risk construction work to build the car park on Jordan Esplanade, to ensure it’s availability during the Christmas period.

 

This report is to update Council on Stages 2-4 of the project, and in doing so fullfil the outcomes required from Council’s Resolutions 5 to 11 of the meeting of 24 October 2013.

 

At its meeting of 24 October 2013 Council resolved:

 

1.   That Council adopt the Jetty4Shores Concept Plan, implementation plan and preliminary budget estimates (Attachment 5).

2.   That Council make application for an interest subsidy under Round 3 of the Local Infrastructure Renewal Scheme (LIRS).

3.   That Council use the initial allocation of $300,000 in its 2013/2014 Operational Plan to commence detailed design and environmental assessments, with the balance, and the corresponding annual allocation in the Long Term Financial Plan for the Jetty4Shores Project, to secure loan funds, repayable over 10 years.

4.   That Council progress the Jetty4Shores Project Concept Plan by undertaking a detailed design of Stage 1 - Jetty Walkway (including environmental assessment) and proceeding to construction, subject to the granting of a lease across the ARTC land and securing loan funds.

5.   That Council undertake detailed design and all necessary environmental assessments of Stage 2 - Kiosk Area (steps and paving), Stage 3 - Market/Picnic Area and Stage 4 – Boardwalk (north of jetty pier), including the engagement of a coastal engineering consultant.

6.   That a report be brought back to Council on completion of the detailed design and environmental assessments of Stages 2-4, which also includes options for further funding of the Jetty4Shores Concept Plan.

7.   That Council continue to consult with relevant stakeholders during the detailed design phase of each stage of the Jetty4Shores Project.

8.   That Council continue to analyse community feedback at the detailed design phase of the Jetty4Shores Project, for opportunities to include appropriate design elements into the design.

9.   That Council commence a Planning Proposal to amend Coffs Harbour LEP 2013, to address the inconsistency between the Jetty4Shores Concept Plan (which provides for public domain improvements) and the existing LEP provisions (which provides for residential built form) for the RE1 Public Recreation Zone within the study area.

10. That a Project Plan for a Precinct Planning exercise (incorporating a community participation plan) for the wider Jetty and Foreshores area be brought back to Council in 2014, aimed at developing a long term community vision for future landuses and associated planning provisions in the locality.

11. That Council thank the Jetty4Shores Community Reference Group for their involvement in the project.

 

 

Resolutions 1-4 deal with the completion of the Stage 1 work, and have been fulfilled.

 

Outstanding Resolutions 5-11.

 

5. That Council undertake detailed design and all necessary environmental assessments of Stage 2 - Kiosk Area (steps and paving), Stage 3 - Market/Picnic Area and Stage 4 – Boardwalk (north of jetty pier), including the engagement of a coastal engineering consultant.

 

Council has undertaken the detail design and necessary environmental assessments for these stages of the project. A coastal engineering consultant has modeled the proposed structure in the Kiosk area, and the results have driven the final design of the structures. The environmental assessment has shown that an additional environmental study on the dunal vegetation needs to be undertaken, which is currently underway.

 

6. That a report be brought back to Council on completion of the detailed design and environmental assessments of Stages 2-4, which also includes options for further funding of the Jetty4Shores Concept Plan.

 

The overall works plan is attached for Council’s information.

 

Council has been successful in securing a grant from The National Stronger Regions Fund for the value of $4,605,289, being 50% of the value of Stages 2-4. Council’s contribution to the project is from reserves and is included in the 2016/17 Operational Plan.

 

7. That Council continues to consult with relevant stakeholders during the detailed design phase of each stage of the Jetty4Shores Project.

 

Extensive consultation has been undertaken during the concept design phase of the project, with overwhelming community support.

 

Council officers have continued communication with stakeholders during the detail design phase. Council has had several meetings with Jetty Dunecare, and the Harbourside Markets’ operator and have kept the Yacht Club, Triathlon Club, Outriggers Club, Beach Volleyball and many others updated on the project. Government Agencies such as the Department of Industry-Lands and the NSW Coastal Panel have been involved in the project. The consultation with the indigenous community that was established during the planning phase has continued during the design phase. 

 

Council has a newsletter to which interested parties have been able to register for, and who receive up to date bulletins on the project. Council’s website is updated with the latest news on the Project.

 

The stakeholder list is extensive, and all have been kept informed either by direct contact or by electronic means

 

8. That Council continue to analyse community feedback at the detailed design phase of the Jetty4Shores Project, for opportunities to include appropriate design elements into the design.

 

Council has heeded the feedback from stakeholders and users of the area throughout the concept and design process. Indeed, with the extensive consultation undertaken during the planning and concept design stage of the project there has been little need to alter the design due to the most recent stakeholder engagement. During the continual consultation process such items as the amenities upgrade design, market area design, lighting and material selection have been refined in consultation with stakeholders.

 

9. That Council commence a Planning Proposal to amend Coffs Harbour LEP 2013, to address the inconsistency between the Jetty4Shores Concept Plan (which provides for public domain improvements) and the existing LEP provisions (which provides for residential built form) for the RE1 Public Recreation Zone within the study area.

 

On 12 March 2015 Council endorsed commencement of a “housekeeping” performance review amendment of Coffs Harbour LEP 2013 (PP_2015_Coffs_003_00). This included amendments to the Height of Buildings map within the Jetty4Shores project area, to reduce the permissible height from 11m down to 5.4m and the Additional Permitted Use map to reduce permissible landuses.  This matter was finalised on 8 January 2016 when Coffs Harbour LEP 2013 (Amendment No 5) was made utilising delegations provided to the General Manager by the Minister for Planning.

 

10. That a Project Plan for a Precinct Planning exercise (incorporating a community participation plan) for the wider Jetty and Foreshores area be brought back to Council in 2014, aimed at developing a long term community vision for future land uses and associated planning provisions in the locality.

 

This project has not formally commenced, but funds have been allocated within the 2016/17 Operational Plan for the work. It is now scheduled to commence in the first half of 2017.

 

11. That Council thank the Jetty4Shores Community Reference Group for their involvement in the project.

 

Members of the Jetty4Shores Community Reference Group have been thanked for the outstanding contribution they have made to the project.

Issues:

As expected in a project of this size, there have been many issues raised during the detail design phase. All issues have either been addressed, or are currently being dealt with by the Design and Project Management Teams.

Options:

·     Council note the report and the project proceeds as currently planned.

·     That Council resolve to alter the scope of the project. Which, dependant upon the magnitude of the change, may increase the risk to the available grant funding and the timing of the works.

Sustainability Assessment:

•     Environment

The project has required several comprehensive studies and environmental assessments, which have been collated and referenced within the Review of Environmental Factors conducted for the project. This body of work continues to inform design, material, and construction methodology decisions for the project.

•     Social

The previous project planning has shown the many social benefits of this project. Effective construction planning, which has now commenced, will ensure the effective minimisation of social and amenity issues and impacts during construction of the final stages.

•     Civic Leadership

Councils Community Strategic Plan includes Objective PL 2:

- Our public spaces are enjoyed by all our people

 

Within this Objective is Strategy PL 2.1:

- Develop the harbour and foreshores as the focal point for our Local Government Area

 

This project and its goals are consistent with this objective and strategy.

•     Economic – Broader Economic Implications

The Project will have positive economic implications for the community, both during construction by providing income for local people and suppliers, and in the long term through increased tourist visitation.

•     Economic - Delivery Program/Operational Plan Implications

Council’s contribution to the cost of the project is included in the 2016/17 Operational Plan

Risk Analysis:

A comprehensive Risk Analysis has been undertaken as part of the Project. Risks have been identified, evaluted and mitigated to an exceptable level to ensure the project is delivered successfully.

Consultation:

Extensive consultation has been undertaken during the planning phase of the project, and as outlined previously, consultation continues with the relevent stakeholders. Consultation will be ongoing during the construction and handover phases.

Related Policy, Precedents and / or Statutory Requirements:

The Jetty4Shores Project has been the subject of several previous Council reports and this Report details responses and updates to any outstanding issues flowing from the previous Resolutions of Council in relation to the Project. Procurement processes and all works and approvals will be undertaken in compliance with the relevant statutory requirements.

Implementation Date / Priority:

It is expected that the Construction Tender will be awarded in March 2017, with works to start soon after. Construction completion is planned by the end of August 2017.

Conclusion:

The information contained in this report has been provided to update Council on the status of the Jetty4Shores Project, and to complete outstanding actions in accordance with Council’s resolutions issued on 24 October 2013. 

 

Detailed designs for Stages 2-4 are available for perusal by any Councillor upon request.

 


Ordinary Council Meeting Agenda                                                                               8 December 2016

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Ordinary Council Meeting Agenda                                                    8 December 2016

T16/13          TRUST REPORT - Coffs Coast State Park Trust Special Purpose Financial report and Audit 2016

Author:                        Manager Holiday Parks and Reserves

Authoriser:                  Director Business Services

Coffs Harbour 2030:   LP2 We have a strong and diverse economy

Attachments:              ATT1  T16/13      CCSPT Financial Statements 2016

ATT2  T16/13      WBRT Financial Statements 2016  

 

 

Executive Summary

The purpose of this report is to provide Council, as Corporate Manager of the Coffs Coast State Park Trust (CCSPT), with final audited Special Purpose Financial Statements for year ended 30 June 2016.  The report also contains the final audited Special Purpose Financial Statements for the Woolgoolga Beach Reserve Trust (WBRT) until 11 March 2016 when the Trust was dissolved and the reserves incorporated into the CCSPT.  The CCSPT statements reflect the financial position of the consolidated Trusts.  Full copies of the two Trust audited Special Purpose Financial Reports are attached.

 

 

Recommendation:

That Council, as Corporate Manager of the Coffs Coast State Park Trust, receive and adopt the audited Special Purpose Financial Reports for 2015-16.

 

 

Report

Description of Item:

On 11 March 2016 the Woolgoolga Beach Reserve Trust (WBRT) was dissolved by Government gazettal and the Woolgoolga Beach Reserve was added to the Coffs Coast State Park Trust (CCSPT). This report contains two sets of audited financial statements including the WBRT until 11 March 2016 and the CCSPT for the full year until 30 June 2016. The CCSPT financial statements reflect the addition of the WBRT into the CCSPT as of 12 March 2016 although the Income Statements for the two Trusts reflect the individual performance of the Trusts.

 

Table 1 provides a consolidated Income Statement for the two Trusts and makes comparison to combined figures from the previous financial year (2014/15).

 

The Trusts (combined) have increased operating surplus from 3.2% in 2014/15 to 5.4% in 2015/16 with growth attributed to a 5.6% increase in user charges (holiday park revenue and reserve leases and licenses), reduced employee cost percentages and cost savings on materials and contracts (-7.1% on the previous year). These increases in revenue and cost savings are offset by a 14.8% increase in depreciation directly attributable to capital investment (see Table 2) and existing asset revaluation at Woolgoolga Beach Reserve as part of the Trust transfer.

 


 

Table 1 - COFFS COAST STATE PARK TRUST CONSOLIDATED INCOME STATEMENT 2016

 

1.          

2.         2014/15

3.         2015/16

4.         Change

5.         Revenue

6.          

7.          

8.          

9.           Park Beach User Charges

10.       4,277,724

11.       4,532,024

12.       5.9%

13.        Sawtell Beach User Charges

14.       2,540,599

15.       2,699,912

16.       6.2%

17.        Woolgoolga Beach User Charges

18.       1,123,707

19.       1,147,031

20.       2.0%

21.        Woolgoolga Lakeside User Charges

22.       583,917

23.       666,993

24.       14.2%

25.        Reserves User Charges

26.       99,537

27.       64,850

28.       (34.8%)

29.  Total User Charges

30.       8,625,484

31.       9,109,528

32.       5.6%

33.        Interest

34.       84,560

35.       75,687

36.       (10.5%)

37.        Other Income

38.       1,303,109

39.       1,169,501

40.       (10.2%)

41.       Total Revenue

42.       10,013,153

43.       10,354,716

44.       3.4%

45.        

46.        

47.        

48.        

49.       Expenditure

50.        

51.        

52.        

53.        Park Beach Employee Costs

54.       1,727,558

55.       1,788,585

56.       3.5%

57.        Sawtell Beach Employee Costs

58.       954,630

59.       1,081,412

60.       13.2%

61.        Woolgoolga Beach Employee Costs

62.       417,353

63.       406,548

64.       (2.5%)

65.        Woolgoolga Lakeside Employee Costs

66.       247,151

67.       243,970

68.       (1.2%)

69.        Reserve Employee Costs

70.       0

71.       0

72.       0.0%

73.  Total Employee Costs

74.       3,346,692

75.       3,520,516

76.       5.2%

77.        Park Beach Materials & Contracts

78.       488,221

79.       555,750

80.       13.8%

81.        Sawtell Beach Materials & Contracts

82.       304,930

83.       337,409

84.       10.6%

85.        Woolgoolga Beach Materials & Contracts

86.       188,622

87.       105,559

88.       (44.0%)

89.        Woolgoolga Lakeside Materials & Contracts

90.       65,497

91.       41,049

92.       (37.3%)

93.        Reserve Materials & Contracts

94.       266,565

95.       179,731

96.       (32.6%)

97.  Total Materials & Contracts

98.       1,313,835

99.       1,219,500

100.     (7.1%)

101.      Depreciation

102.     1,626,728

103.     1,867,086

104.     14.8%

105.      Other Expenses

106.     3,409,903

107.     3,191,163

108.     (6.4%)

109.     Total Expenditure

110.     9,697,158

111.     9,798,265

112.     1.0%

113.     Disposal of Plant & Equipment

114.     166,025

115.     39,939

116.     (75.9%)

117.      

118.      

119.      

120.      

121.     Operating Surplus/Deficit

122.     315,995

123.     556,451

124.     76.1%

125.     Operating Surplus/Deficit %

126.     3.2%

127.     5.4%

128.      

 

Steady revenue growth was achieved at Park Beach (5.9%), Sawtell Beach (6.2%) and Woolgoolga Lakeside (14.2%) with Woolgoolga Beach only achieving a growth in revenue of 2.0%.  Woolgoolga Beach’s flat revenue performance is attributed to the lack of capital improvements to the park that has seen it gradually lose contact with market expectations.  The revenue was also impacted by changes to product availability with several older accommodation options being removed from the park as a result of increasing maintenance costs and declining popularity.  These products were not replaced in the short term whilst the Reserve Plan of Management awaits adoption by the Minister for Lands.  Once the Plan of Management is adopted there will be considerable investment into the site which will increase its market appeal and revenue performance.

 

Wage cost percentages for the four holiday parks were satisfactory compared to last financial year with wage costs, including all on costs, reducing by 0.4%.

 


 

Table 2 – COFFS COAST HOLIDAY PARKS CAPITAL EXPENDITURE SUMMARY 2016

 

 

Park Beach Holiday Park

Item

Cost

Villa Refurbishments

94,219

Utility Truck

28,034

Electrical Infrastructure Upgrade

425,210

Amenity Block Upgrade

10,599

Camp Kitchen Extension

131,473

Entry Improvements & Guest Safety

18,374

Hall Refurbishment

11,692

Sawtell Beach Holiday Park

Villa Refurbishments

79,246

Site Improvements (Area ‘D’)

83,356

Electrical Infrastructure Upgrade

47,897

Amenity Block Refurbishment

184,543

Site Sullage

24,960

BBQ Area

22,262

Plant & Equipment

1,557

Woolgoolga Beach Holiday Park

Cabin Refurbishments

5,836

Reserve BBQ’s and Shelters

15,921

Playground Refurbishments

2,880

Plant and Equipment

500

Woolgoolga Lakeside Holiday Park

Cabin Refurbishments

1,255

BBQ Shelter Upgrade

7,270

Plant & Equipment

726

 

Business contributions to the State Park and Woolgoolga Beach Reserve

 

The business operations continue to exceed budgeted contributions to the wider reserve system.  The Coffs Coast State Park funded a budgeted $621,200 in reserve maintenance ($442,450 to North Coast Regional Botanic Garden and $178,750 to general reserves) and also committed a further $86,149 for additional maintenance/capital works within the CCSP.  The Trust also paid State Government levies to the value of $301,417.

 

The Woolgoolga Beach Reserve management and maintenance was fully funded through Trust operations.

 

Relevant Ratios

 

Current Ratio (CR)

The CR measures the businesses ability to meet short term liabilities and is calculated as Current Assets/Current Liabilities.  The CCSPT CR is 1.86:1 and is considered acceptable for the type of business operations undertaken.

 

Debt Service Cover Ratio (DSR)

The DSR measures the availability of operating cash to service debt including interest and principle payments.  A minimum DSR for this type of operation should be 2.0.  The CCSPT DSR is 6.8.

 

Operating Performance Ratio (OPR)

The OPR measures the achievement of containing operating expenditure within operating revenue.  The minimum should be 0%.  The CCSPT OPR is 5.4%

Issues:

The inclusion of the WBRT into the CCSPT created additional audit activities for the financial year but future annual audits will be greatly improved and result in ongoing cost savings.

 

A copy of the Coffs Coast State Park Trust and Woolgoolga Beach Reserve Trust (dissolved) audited Special Purpose Financial Reports are included as attachments to this report.  The financial audits for the two Trusts, conducted by DKM Group, revealed no major concerns within the scope of the audit and the Special Purpose Financial Reports.

 

There were several changes to the Special Purpose Financial Statements, as a result of the audit process, since the Trust was presented with the draft statements on 13 October 2016.  Generally, key amendments included changes to Current Assets (Receivables) due to the processing of invoices after the Business Activity Statement close off which resulted in the inclusion of a BAS refund; changes to Current Liabilities (Provisions) due to the use of incorrect closing balance figures for Employee Leave Entitlements; and changes to Equity.  The increase in Equity for the CCSPT of $4,960,533 includes the Woolgoolga Beach Reserve Trust closing Equity balance of $4,044,219 (inclusive of Net Surplus of $417,715) and a $916,314 fixed asset revaluation of WBRT assets which was adopted as part of the consolidation into the CCSPT.  Finally, there was a significant change to the Expenses from Ordinary Activities (Other Expenses) due to the late inclusion of the North Coast Regional Botanic Garden expenses totaling $442,450.

Options:

1.    Adopt the recommendation provided to the Trust

2.    Reject the recommendation provided to the Trust.

Sustainability Assessment:

•     Environment

Visitors and Holiday Park guests consume resources whilst in the Coffs Harbour local government area (LGA) however this is offset by the fact that they are not consuming resources at their place of residence.  Revenue generated within the State Park is channelled back into the reserve system including the environmental management of the locations.  All parks are committed to environmental initiatives aimed at reducing their impact upon the environment.

•     Social

Holiday Parks and Caravan Parks are an important resource in meeting the recreational needs of the greater community.  Funds generated through the parks contribute to the development of social and recreational facilities within the reserve system.

•     Civic Leadership

The performance of the Trust assisted Council in achieving outcome set down in the Coffs Harbour 2030 Community Strategic Plan.

•     Economic – Broader Economic Implications

The Holiday Parks and Reserves are important tourist facilities drawing visitors to the region.  Flow on effect of visitation is deemed to have a generally positive impact upon the economic performance of the region.

•     Economic - Delivery Program/Operational Plan Implications

The Coffs Coast State Park Trust generates funds that are used within the reserves and contribute to the management and upkeep of the locations, reducing the demand on alternate funding sources, including Council’s general revenue.

Risk Analysis:

Under current operating conditions the Trust remains a sustainable business that is well equipped to meet existing financial obligations and provide ongoing financial contributions to the wider reserve system.

Consultation:

The operation of the Trust is a team effort with the enthusiastic support of all Council Departments being pivotal in their success.  Regular consultation is also undertaken with Department of Industry - Lands.

Related Policy, Precedents and / or Statutory Requirements:

Council is Corporate Manager of the Coffs Coast State Park Trust under the provisions of the Crown Lands Act.

Implementation Date / Priority:

Nil.

Conclusion:

The Trusts business activities continue to operate at a sustainable level and provide sustainable funds for use within the Reserves.  Business performance is closely monitored and strategies and actions are appropriately amended to ensure the ongoing financial success of the Trust.

 

 


Ordinary Council Meeting Agenda                                                      8 December 2016

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Ordinary Council Meeting Agenda                                                                               8 December 2016

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Ordinary Council Meeting Agenda                                                      8 December 2016

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Ordinary Council Meeting Agenda                                                                               8 December 2016

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Ordinary Council Meeting Agenda                                                      8 December 2016

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Ordinary Council Meeting Agenda                                                      8 December 2016

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Ordinary Council Meeting Agenda                                                                               8 December 2016

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Ordinary Council Meeting Agenda                                                      8 December 2016

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Ordinary Council Meeting Agenda                                                                               8 December 2016

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