Coffs Harbour City Council

01 February 2017

 

Ordinary Council Meeting

 

The above meeting will be held in the Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour on:

 

Thursday, 9 February 2017

 

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                                                     9 February 2017

Order of Business  

Directorate Reports - Business Services

BS17/01          Monthly Financial Performance Report for the month ended 30 November 2016....................................................................................................... 4

BS17/02          Toormina Community Preschool - Application for Loan.............. 37

Notices of Motion Sustainable Communities

NOM17/01      Coffs Harbour Local Environmental Plan - CBD Height Restrictions  57

Directorate Reports - Sustainable Communities

SC17/01          Development Application No. 0018/17 - Residential Flat Building (7 units), Strata-subdivision and Demolition of Existing Structures -  Lot 3, Sec 48, DP 758258, 31 Camperdown Street, Coffs Harbour ..................... 58

SC17/02          Development Application 0381/17DA - Multi Dwelling Housing and Strata Subdivision - Lot 2, DP 505494, 131 Victoria Street, Coffs Harbour 153

SC17/03          Building Better Regions Fund - Round One 2017 - Infrastructure Projects.............................................................................................................. 191

SC17/04          Submission Regarding the Development of a NSW Koala Strategy       198

Notices of Motion Sustainable Infrastructure

NOM17/02      Boambee Headland - Eradication of Noxious Plants and Weeds 273

Directorate Reports - Sustainable Infrastructure

SI17/01           Grant of Easement to Essential Energy affecting council land - Lot 42 DP 1180793 Halls Road, North Boambee Valley................................... 275

Trust Reports

T17/01             TRUST REPORT - Lease of Public Swimming Pools.............................. 279

T17/02             TRUST REPORT - Coffs Coast State Park Trust - Relocation of Marine Rescue Woolgoolga to Arrawarra Headland Facility............... 282

T17/03             TRUST REPORT - Renewal of Lease to Coffs Harbour Pre-School Association Incorporated......................................................................... 288   


Ordinary Council Meeting Agenda                                                     9 February 2017

BS17/01       Monthly Financial Performance Report for the month ended 30 November 2016

Author:                        Section Leader Financial Planning

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS17/01   Monthly Financial Performance Report for November 2016  

 

Executive Summary

The purpose of this report is to seek Council’s endorsement of the monthly financial performance report for 30 November 2016.  This report provides information on the actual to budget position at the financial statement level along with detailed functional financial performance at the program level and capital expenditure reports for the current financial year.  The report is also to provide a summary of the proposed budget adjustments for the month and to report on the consolidated financial position as at 30 November 2016 and to report on Council’s Bank Balances and Investments as at 30 November 2016.

 

 

Recommendation:

That Council:

1.       Note the monthly financial performance report for 30 November 2016.

2.       Approve the recommended budget adjustments included in this Report and note the the following Consolidated Income Statement.

 

CONSOLIDATED INCOME STATEMENT as at 30 November 2016:

2016/17 Original Budget 

2016/17 Revised Budget  

2016/17 Projected Budget  

2016/17 Actuals  

Recurrent Revenue

‘000s

‘000s

‘000s

‘000s

Rates & Annual Charges

$86,781

$86,785

$86,785

$88,450

User Charges & Fees

$33,104

$28,249

$28,449

$11,335

Interest & Investment Revenue

$5,700

  $5,828

$5,828

$3,059

Other Revenues

$8,152

$13,091

$13,427

$5,019

Grants & Contributions provided for Operating Purposes

$20,924

$21,474

$21,944

$7,169

 

 

 

 

 

RECURRENT REVENUE

$154,661

$155,427

$156,433

$115,032

 

 

 

 

 

Recurrent Expenditure

 

 

 

 

Employee Benefits & Oncosts

$37,814

$37,651

$37,901

$17,153

Borrowing Costs

$11,498

$11,498

$11,498

$2,917

Materials & Contracts

$54,123

$57,709

$58,967

$14,889

Depreciation & Amortisation

$44,767

$44,767

$44,767

$18,653

Other Expenses

$12,236

$12,284

$12,385

$4,497

 

 

 

 

 

RECURRENT EXPENDITURE

$160,438

$163,909

$165,518

$58,109

 

 

 

 

 

NET OPERATING (DEFICIT)

($5,777)

  ($8,482)

($9,085)

$56,923

 

 

 

 

 

Capital Revenue

 

 

 

 

Capital Grants, Subsidies, Contributions and Donations

$24,317

$24,317

$24,317

$7,697

 

 

 

 

 

CAPITAL REVENUE

$24,317

$24,317

$24,317

$7,697

 

 

 

 

 

NET SURPLUS

$18,540

$15,835

$15,232

$64,620

 

3.       Note the bank balances and investments totaling $179,138,995 (including from loans, Section 94 and other avenues that form the restricted accounts and are committed for future works) as at 30 November 2016.

 

 

Report

Description of Item:

The monthly financial performance report provides information on Council’s actual to budget performance.  The report has been introduced to provide accrual based information to Council on a monthly basis.  The reports include a graphical representation of key performance indicators in order to provide key summary financial information.  A statement of comprehensive income is included which details monthly performance for November 2016.  This statement compares actual to budget on a monthly and year to date basis at the financial statement level.  Also included is the detailed functional financial performance at the financial cost centre level and capital expenditure reports for the current financial year.


 

 

CONSOLIDATED INCOME STATEMENT as at 30 November 2017:

 

2016/17 Original Budget 

2016/17 Revised Budget  

2016/17 Projected Budget  

2016/17 Actuals  

Recurrent Revenue

‘000s

‘000s

‘000s

‘000s

Rates & Annual Charges

$86,781

$86,785

$86,785

$88,450

User Charges & Fees

$33,104

$28,249

$28,449

$11,335

Interest & Investment Revenue

$5,700

  $5,828

$5,828

$3,059

Other Revenues

$8,152

$13,091

$13,427

$5,019

Grants & Contributions provided for Operating Purposes

$20,924

$21,474

$21,944

$7,169

 

 

 

 

 

RECURRENT REVENUE

$154,661

$155,427

$156,433

$115,032

 

 

 

 

 

Recurrent Expenditure

 

 

 

 

Employee Benefits & Oncosts

$37,814

$37,651

$37,901

$17,153

Borrowing Costs

$11,498

$11,498

$11,498

$2,917

Materials & Contracts

$54,123

$57,709

$58,967

$14,889

Depreciation & Amortisation

$44,767

$44,767

$44,767

$18,653

Other Expenses

$12,236

$12,284

$12,385

$4,497

 

 

 

 

 

RECURRENT EXPENDITURE

$160,438

$163,909

$165,518

$58,109

 

 

 

 

 

NET OPERATING (DEFICIT)

($5,777)

  ($8,482)

($9,085)

$56,923

 

 

 

 

 

Capital Revenue

 

 

 

 

Capital Grants, Subsidies, Contributions and Donations

$24,317

$24,317

$24,317

$7,697

 

 

 

 

 

CAPITAL REVENUE

$24,317

$24,317

$24,317

$7,697

 

 

 

 

 

NET SURPLUS

$18,540

$15,835

$15,232

$64,620

 


 

 

GENERAL ACCOUNT        

Deficit/(Surplus)

 

 

Operating

 

Emerald Beach and Sandy Beach Precinct Masterplan – funded:

76,000

-     Coffs Coast Regional Park Trust

(35,000)

-     Council funding (Open Space Investigation)

(41,000)

 

 

Maintaining diversity on Coffs Coast coastal headlands – funded:

132,320

-     NSW Environmental Trust grant

(100,000)

-     Internal contribution from existing Environmental Levy funding for bush regeneration

(20,000)

-     Allocation from Council’s Environmental Levy matched grant funding pool

(12,320)

 

 

Total Operating

Nil

 

 

Capital

 

Additional funding to Fitzroy Oval amenities upgrade from the Coffs Coast State Park Trust – per Ordinary Council Meeting Resolution Number 2016/236

160,000

Coffs Coast Regional Park Trust funding

(160,000)

 

 

West Coffs District cycleway bridge around Coffs Creek from Loaders Lane to Wiliam Sharpe Drive, funded Developer Contributions (S94)

150,000

Developer Contributions funding

(150,000)

 

 

Diggers Beach replacement amenities block extra funding from Coffs Coast Regional Park Trust:

280,000

Revised funding

 

-     $49,586 remaining grant funds

 

-     $50,000 remaining S94 funds

 

-     $180,000 remaining community facilities funding

 

-     $280,000 Coffs Coast Regional Park Trust

(280,000)

 

 

Development of additional skate elements at the Toormina Skatepark project - funded:

63,000

-     Department of Family & Community Services, Social Housing community improvement grant

(50,000)

-     Council funding (Open Space Investigation)

(13,000)

 

 

Approved project under Safer Streets program for security upgrade at the Park Beach Reserve, fully grant funded

584,082

Grant funding

(584,082)

 

 

Old Coast Road bridge investigation works funded Developer Contributions (S94)

35,000

Developer Contributions funding

(35,000)

 

 

Per Ordinary Council Meeting Resolution number 2016/251.

 

-     Coramba Hall Upgrade

140,000

-     Maclean St Amenities Upgrade

260,000

-     Botanic Gardens Entrance (Hall / Toilets)

(400,000)

 

 

Total Capital

Nil

 

 

Operating

Nil

Capital

Nil

TOTAL

NIL

 

WATER ACCOUNT

 

 

 

Operating

 

-     Water network analysis and modeling, revised from nil to $250,000

250,000

-     Strategic planning, revised from nil to $150,000

150,000

All revisions funded from unexpended loan funds, currently held in reserve

(400,000)

 

 

Total Operating

 

 

 

Capital

 

Water Supply Strategy:

 

-     Shepherds Lane reservoir, revised from $2,500,000 to $50,000

(2,450,000)

-     Water main Hearns lake to Willis St Woolgoolga, revised from nil to $50,000

50,000

-     Water main Sullivans Rd to highway, revised from nil to $112,000

112,000

-     Water main cross connection at Argyll St/Highway, revised from nil to $28,000

28,000

 

 

Water Mains Extension:

 

-     Worland Drive to Hi-Tech Drive, revised from nil to $55,000

55,000

-     Rosina Close, revised from $16,000 to $19,000

3,000

-     Roselands Drive, revised from $24,000 to $29,000

5,000

-     Albany St to Bonville St, revised from nil to $37,000

37,000

 

 

Headworks:

 

-     New / Upgrade works, revised from $117,000 to $25,000

(92,000)

-     Water treatment, revised from nil to $12,000

12,000

-     Relocate Lime plant to Karangi, revised from nil to $80,000

80,000

 

 

Water Reservoirs:

 

-     Unallocated, revised from $400,000 to $126,150

(273,850)

-     Macauleys PRV installation south outlet, revised from nil to $123,850

123,850

-     Toormina PRV relocation, revised from nil to $115,000

115,000

-     Macauleys reservoir roof refurbishment, revised from nil to $200,000

200,000

-     Roberts Hill PRV installation, revised from nil to $95,000

95,000

-     Reservoir anchor, revised from nil to $70,000

70,000

-     Macauleys reservoir joint sealing, revised from nil to $70,000

70,000

 

 

Water Mains Renewals:

 

-     Unallocated, revised from $5,144,230 to $884,161

(4,260,069)

-     Coramba Rd/ Spagnolos Rd to Nelson St, revised from nil to $698,889

698,889

-     Aviation Dr, Xmas Bells Rd to aero club, revised from nil to $10,000

10,000

-     West High St, Moonee to Lyster revised from nil to $65,000

65,000

-     Whitton Place, Mullaway revised from nil to $160,000

160,000

-     Sandon Close, revised from nil to $30,000

30,000

-     Park Beach Rd, York St to Hogbin Drive, revised from nil to $40,000

40,000

-     Harbour Drive/ Gordon St intersection replace water mains, revised from nil to $100,000

100,000

 

 

Balance Tank Duplication:

 

-     Coramba Rd to Red Hill, revised from nil to $780,000

780,000

-     Karangi Dam to Coramba Rd, revised from nil to $20,000

20,000

 

 

Water Treatment Plant:

 

-     Nana Glen, revised from nil to $25,000

25,000

-     Condition assessment, revised from nil to $35,000

35,000

 

 

Automatic water fill stations, revised from nil to $100,000

100,000

Moonee to Emerald trunk main, revised from nil to $30,000

30,000

 

 

All revisions returned to Unexpended loan funds, currently held in reserve

3,926,180

 

 

Total Capital

Nil

 

 

Operating

Nil

Capital

Nil

TOTAL

Nil

 

SEWER ACCOUNT

 

 

 

Total

Nil

 

Bank Balances and Investments report information as at 30 November 2016 is also attached.

 

It should be noted that Council is required to account for investments in accordance with the Australian International Financial Reporting Standards.  Term deposits are shown at face value and all other investment balances at the end of each month reflect market value movements which would be inclusive of accrued interest.  Interest when paid, say quarterly, would result in reductions in the market value of the investments.

 

The Investment Report reflects the above requirements and reflects the interest earned (or accrued) on each investment, based on the acquisition price.

 

Reports written by Laminar Group Pty Ltd (Council’s investment portfolio advisors), which examine economic and financial markets data for November 2016 are available in the Councilors’ Resource Centre.

 

As this report is still in the development phase it is envisaged that the report will be reviewed and further refined over the coming months to provide more comprehensive management reporting to the Executive and Council to enable better informed decision making.

Issues:

There is no obligation to provide monthly financial performance reports but as part of prudent financial management we have opted to do so.

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 supports the delivery of high quality, sustainable outcomes for Coffs Harbour and invests surplus funds to maxmise investment income and preserve capital to assist with funding requirements for projects listed under the Coffs Harbour 2030 Community Strategic Plan.

•     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 Plan and may affect future economic sustainability.

 

Council’s investments are held according to the requirements stated within Council’s investment policy and the returns are acceptable in relation thereto.  In the long term earnings from investments can vary due to economic conditions and financial markets.  Council constructs its investment portfolio with consideration of current conditions and to comply with the Office of Loval Government (OLG) investment policy guidelines.

•     Economic - Delivery Program/Operational Plan Implications

The year to date operating surplus before capital grants is estimated to be $56.923 million with the surplus after capital grants estimated to be $64.620 million as at 30 November 2016.

 

For November 2016 it is noted that the total bank and investment balances are $179,138,955.

Risk Analysis:

The likelihood of risks associated with New South Wales Local Government’s investing funds is now remote due to the conservative nature of investments permitted under statutory requirements.  The risk of capital not being returned in relation to each individual investment Council owns is indicated in the attachment.

 

The main risks for Council’s investment portfolio are liquidity and credit risk, both of which are being managed under the advice of Laminar Group Pty Ltd. Liquidity risk is the risk that the investor is unable to redeem the investment at a fair price within a timely period and thereby incurs additional costs (or in the worst case is unable to execute its spending plans).  Credit risk is the risk of loss of principal stemming from a financial institutions failure to repay that principal when that principal is due.  Investors are compensated for assuming credit risk by way of interest payments from the financial institutions issuing the investment security.

 

Credit risk is rated by various rating agencies.  Investment securities in Council’s current portfolio are rated by either Standard and Poors or Fitch, with the majority of the portfolio rated by Standard and Poors. Standard and Poors credit ratings and an explanation of their ratings are as follows:

 

Rating

Ratings Explanation

AAA

Extremely strong capacity to meet financial commitments. Highest Rating.

AA

Very strong capacity to meet financial commitments.

A

Strong capacity to meet financial commitments, but somewhat susceptible to adverse economic conditions and changes in circumstances.

BBB

Adequate capacity to meet financial commitments, but more subject to adverse economic conditions.

BBB-

Considered lowest investment grade by market participants.

BB+

Considered highest speculative grade by market participants.

BB

Less vulnerable in the near term but faces major ongoing uncertainties to adverse business, financial and economic conditions.

B

More vulnerable to adverse business, financial and economic conditions but currently has the capacity to meet financial commitments.

CCC

Currently vulnerable and dependent on favorable business, financial and economic conditions to meet financial commitments.

CC

Currently highly vulnerable.

C

Currently highly vulnerable obligations and other defined circumstances.

D

Payment default on financial commitments.

 

Ratings from ‘AA’ to ‘CCC’ may be modified by the addition of a plus (+) or minus (-) sign to show relative standing within the major rating categories.

 

Types of investment securities by credit risk ranking from highest to lowest are as follows:

 

·    Deposits/Covered Bonds – these share first ranking

·    Senior debt – Floating Rate Notes/Fixed Coupon Bonds.

·    Subordinated debt

·    Hybrids

·    Preference shares

·    Equity shares (common shares).

 

Subordinated debt, hybrids, preference and equity shares are not a permitted investment under the current Ministerial Order. Term deposits of $250,000 or less per financial institution are covered under the Commonwealth Government Deposit Guarantee Scheme and therefore by default have the same credit rating as the Commonwealth Government, ie AAA.

 

All credit unions, building societies and mutual banks are Authorised Deposit-taking Institutions (ADI’s) and are regulated in the same way as all other Australian banks. ADI’s are regulated by the Australian Securities and Investment Commission (ASIC) under the Corporations Act 2001, and by the Australian Prudential Regulatory Authority (APRA) under the Banking Act 1959.

Consultation:

Group Leaders and their relevant staff have been provided with electronic budget reports for each cost centre on a monthly basis fro review. Requested variations and variations adopted by Council have been incorporated into the report.

Council’s investment advisors, Laminar Group Pty Ltd have been consulted in the preparation of the investments portion of this report.

Related Policy, Precedents and / or Statutory Requirements:

Council funds have been invested in accordance with Council’s Investment Policy (POL‑049), which was adopted on 27 November 2014.

 

Local Government Act 1993 – Section 625

Local Government Act 1993 – Investment Order (dated 12 January 2011).

Local Government General Regulation 2005

The Trustee Amendment (Discretionary Investments) Act 1997 – Sections 14A(2), 14C(1) and 14C(2).

 

Local government regulations require the Responsible Accounting Officer to submit a quarterly budget review to Council.  There is no obligation to provide monthly reviews or monthly financial performance reports but as part of prudent financial management we have opted to do so.

Implementation Date / Priority:

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

Conclusion:

This monthly financial performance report provides information on the actual to budget results at the financial statement level along with detailed functional financial performance at the program level and capital expenditure reports for the current financial year.  This report also summarises the proposed budget adjustments for the month and the impact upon the projected budget position for the current financial year along with Councils bank and investment performance information.

 


Ordinary Council Meeting Agenda                                                       9 February 2017

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Ordinary Council Meeting Agenda                                                                               9 February 2017

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Ordinary Council Meeting Agenda                                                     9 February 2017

BS17/02       Toormina Community Preschool - Application for Loan

Author:                        Group Leader Financial Services and Logistics

Authoriser:                  Director Business Services

Coffs Harbour 2030:   LP6 Our education systems link strongly to the community and business

Attachments:              ATT1  BS17/02   Toormina Community Preschool Community Loan Application

ATT2  BS17/02   Toormina Community Preschool Proposed Loan Schedule

ATT3  BS17/02   Toormina Community Preschool Construction Plans

ATT4  BS17/02   CONFIDENTIAL          Toormina Community Preschool Inc Construction Quote

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

ATT5  BS17/02   CONFIDENTIAL          Toormina Community Preschool Inc Special Purpose Financial Statements 31 December 2015  

ATT6  BS17/02   CONFIDENTIAL          Toormina Community Preschool Inc November 2016 Committee Minutes  

ATT7  BS17/02   CONFIDENTIAL          Toormina Community Preschool Inc Financial Management Reports  

ATT8  BS17/02   CONFIDENTIAL          Toormina Community Preschool Inc Financial Forecasts  

ATT9  BS17/02   Loans to Community Groups Policy

ATT10        BS17/02     Loans to Community Groups Procedure  

 

Executive Summary

Toormina Community Preschool is seeking a loan of $150,000 from Council to assist in funding the addition of a Community Education Room within their facility. The loan application complies with Council’s Loans to Community Groups Policy and is therefore recommended for approval with conditions.

 

Recommendation:

That Council provide a loan of $150,000 to the Toormina Community Preschool Inc on the following terms and conditions:

1.   The principal be repaid over a term of 10 years at an interest rate of 2.5% above the 6 month, mid point, Bank Bill Swap Rate, fixed for 12 months and reassessed each year on 1 March;

2.   Repayments be made by direct bank transfer;

3.   The loan to commence 1 March 2017.

 

 

Report

Description of Item:

The Toormina Preschool Inc is an incorporated body which has a lease with Council and provides preschool and family meeting facilities, maintains and improves the associated premises on Council controlled land.

 

The Director of the Toormina Preschool Inc, has written to Council seeking a loan of $150,000 in relation to the construction of an additional room at the facility to be utilised as a community education room.  The service has been operating since 1976 and the expansion of the facility will provide facilities for parent networking and education.

 

The total cost of the project is estimated to be $196,549, with a cash contribution towards the project of $46,549 by the Toormina Preschool Inc.

 

Council has previously made such loans, as Community Organisations which lease Council land, are unable to obtain loans from financial institutions as they do not own the land on which the improvements are to be made.

Issues:

It is proposed that the loan would be over ten years at an interest rate of 2.5% above the six month, mid point, Bank Bill Swap Rate, fixed for 12 months and reassessed each year on 1 March.  At the time of preparation of this report this would indicate an interest rate of 2.025%+2.5% = 4.525%.  The Loans to Community Groups Procedure stipulates that loans of this type are to be made at 7% per annum; however, that Council may revise this rate dependent on economic conditions.  Given the current interest rate environment in Australia it is considered that 7% per annum is not reasonable and that the current proposal is fair and equitable to both Council and the preschool.  The loan repayments using the indicated interest rate above would be paid monthly at $1,556.38 per instalment. However this will be reassessed at the date of drawdown.

Options:

Council has two options in relation to this application. It can approve the applications which will allow the project to proceed or it may opt to decline the application which will not allow the preschool to undertake the project.

Sustainability Assessment:

•     Environment

The new facility will not detrimentally impact the environment.

•     Social

The proposed addition to the facility will allow the preschool to not only enhance their existing programmes but will also support families in their parenting roles.  The new facility is proposed to be used for parent networking and education.  Allied health professionals will also be invited to provide support and advice to parents within the area.

•     Civic Leadership

Providing loan facilities to enable the Toormina Community Preschool to construct additional facilties aligns with the Coffs Harbour 2030 strategy that our education systems link strongly to the community and business.

•     Economic – Broader Economic Implications

The preschool does not currently have a loan with Council.  The preschool has provided a copy of their last audited financial reports to 31 December 2015 along with up to date management accounts.  They run a significant operation and given the funds they have raised to put into the replacement project, it is considered that loan repayments can be afforded and will be met.

•     Economic - Delivery Program/Operational Plan Implications

The drawdown of funds will be included in the first Quarterly Budget Review Statement provided to Council after the decision of the Council.  It is considered that the interest generated from the loan will be above the current interest rate being earnt by Council from its general investments and therefore will not have a negative budget impact on Council’s General Fund.

Risk Analysis:

It is considered that there is little to no risk in approving the application for the loan.  As the Council has control of the land on which the new facility is to be located, if the Toormina Community Preschool Inc. was to no longer exist, all assets would vest to Council.

Consultation:

Consultation has occurred within the relevant sections of Council.

Related Policy, Precedents and / or Statutory Requirements:

Loans to Community Groups Policy

Loans to Community Groups Procedure

Implementation Date / Priority:

1 March 2017

Conclusion:

The application from the Toormina Community Preschool Inc. is in accordance with the Council Loans to Community Groups Policy and will provide a new facility to enhance the service provide by the Preschool to the Coffs Harbour Community.  It is recommended the that Council provide a loan of $150,000 to the Toormina Community Preschool Inc on the following terms and conditions:

 

1.       The principal be repaid over a term of 10 years at an interest rate of 2.5% above the 6 month, mid point, Bank Bill Swap Rate, fixed for 12 months and reassessed each year on 1 March;

2.       Repayments be made by direct bank transfer;

3.       The loan to commence 1 March 2017.

 


Ordinary Council Meeting Agenda                                                       9 February 2017


Ordinary Council Meeting Agenda                                                                               9 February 2017


 


 


 


Ordinary Council Meeting Agenda                                                                               9 February 2017


 


 


 


 


Ordinary Council Meeting Agenda                                                       9 February 2017


 


 


Ordinary Council Meeting Agenda                                                       9 February 2017


 


 


 

 


Ordinary Council Meeting Agenda                                                     9 February 2017

NOM17/01   Coffs Harbour Local Environmental Plan - CBD Height Restrictions

Attachments:          Nil

 

Motion:

Councillor Keith Rhoades has given notice of his/her intention to move the following:

"That Council commence as a matter of urgency an Amendment to the Coffs Harbour LEP to review the height restrictions within the whole of the Coffs Harbour CBD identified area."

 

 

Rationale:

"Councillors may recall that late in 2016 Council had to "note" a report before it was to be considered by the Joiont regional Planning Panel on a proposed development on the corner of Harbour Drive and Gordon Street.  Due to current regulations Councillors had no alternative but to agree with the recommendation of that report.  I am of the opinion that a majority of Councillors would have supported that proposal had the height regulations been more in line with the application.  It is now time to commence a review of the current height restrictions within our CBD contained in the current LEP to ensure they meet expectations."

Staff Comment:

A review of height restrictions in the Coffs Harbour CBD would be best undertaken within a wider strategic framework to understand the community’s expectations for built form in this location. This would take into consideration urban design principles including building height, bulk, floor space ratios and climate responsive design considerations (including sunlight and shadowing, reflection and glare). It is not considered ideal to address building height in isolation of a wider urban design study, or without community engagement.

 

A body of work was completed by the Urban Design Taskforce from the NSW Department of Planning and Environment in 2010, which set up the current framework for building heights within the CBD. This was tested with the community during the exhibition of both Coffs Harbour City LEP 2011 and Coffs Harbour LEP 2013 and associated Development Control Plans.

 

Should Council resolve it is now timely to review the CBD built form restrictions, it will need to allocate budget and resources (estimated at $80,000) for a strategic assessment (including community engagement) of the urban design principles which should apply in this locality, prior to resolving to make any given amendments to Coffs Harbour Local Environmental Plan 2013 and/or Development Control Plan 2015.

  


Ordinary Council Meeting Agenda                                                     9 February 2017

SC17/01       Development Application No. 0018/17 - Residential Flat Building (7 units), Strata-subdivision and Demolition of Existing Structures -  Lot 3, Sec 48, DP 758258, 31 Camperdown Street, Coffs Harbour

Author:                        Development Assessment Officer - Senior

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC17/01   Development Application 0018/17 - Section 79C

ATT2  SC17/01   Development Application 0018/17 - Section 79C Attachment

ATT3  SC17/01   Development Application 0018/17 - Development Plans 

ATT4  SC17/01   Development Application 0018/17 - Draft Conditions

ATT5  SC17/01   CONFIDENTIAL          Development Application 0018/17 - Submissions

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

 

Executive Summary

This report provides an assessment of Development Application 0018/17 for a Residential Flat Building (7 units), Strata-subdivision and demolition of existing structures at Lot 3, Sec 48 DP 758258, 31 Camperdown Street, Coffs Harbour.

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

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

•        Significant public interest and community input;

•        Substantial non-compliance with relevant strategic controls;

•        Significant land use;

•        Major environmental issue(s).

The application was advertised and notified to adjoining land owners.  A number of public submissions were received in response to notification of the application. Accordingly, this matter is reported to Council for determination due to significant public interest and community input.

It is recommended that the application be approved subject to a number of conditions.

 

Recommendation:

That Council:

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

2.       Approve Development Application No. 0018/17 for a Residential Flat Building (7 units),  Strata-subdivision and demolition of existing structures at Lot 3, Sec 48 DP 758258, 31 Camperdown Street, Coffs Harbour subject to the conditions in Attachment 4.

3.       Advise persons who made a submission on Development Application No. 0018/17 of Council’s decision.

 

 

REPORT:

Description of Item:

·     The Site

The site is Lot 3, Sec 48 DP 758258, 31 Camperdown Street, Coffs Harbour.  The property fronts Camperdown Street and is bound by a lane to the west and existing residential development to the north and south. The site is approximately 771.4m2 in size and is regular in shape and slopes down to Camperdown Street.

The site currently accommodates existing residential development. The site is zoned R1 General Residential under the Coffs Harbour Local Environmental Plan 2013.

 

·     The Development

The proposed development involves:

-    Demolition of existing dwelling-house and associated structures;

-    Construction of seven units; and

-    Strata-subdivision.

The proposal includes five two bedroom units and two four bedroom units. The units range in size from 98.3m2 to 186m2. The seven units are spread over six levels, with the associated car parking accommodated on the upper ground floor.

All vehicle access is from the rear lane, adjoining the western boundary of the site. Two visitor parking spaces adjoin the lane. Pedestrian access is from Camperdown Street, via a pathway that runs along the northern boundary of the site to the common entry foyer area. Garbage from the development will be stored in an enclosed area adjoining the entry foyer and will also be collected from Camperdown Street. 

Issues:

The following key issues have been identified during the assessment process:

·    Context and Setting - Building Design

·    Traffic and Parking

·    Amenity (including potential view loss, solar access and privacy)

These assessment matters are discussed in detail in the attached section 79C evaluation.

Options:

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

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

It is recommended that Council pursue option one, as outlined above.

Sustainability Assessment:

•     Environment

The proposed development is not expected to result in any unacceptable environmental impacts. A complete assessment of potential environmental impacts is provided in the S79C Assessment Report provided as Attachment 1 to this report.

•     Social

The development will provide additional land for housing in the area.  Conditions will be imposed to ensure that potential amenity impacts during construction are minimised.  It is considered that the development is unlikely to result in any significant adverse social impacts to the locality.

•     Civic Leadership

The proposed development is considered consistent with the aims and objectives of the Coffs Harbour 2030 Community Strategic Plan. In particular, it is considered that the development is consistent with Council's “Places for Living” relating to urban development and sustainable living.

•     Economic – Broader Economic Implications

The development will provide construction related employment opportunities during the construction phase and additional housing to the area on completion.

•     Economic - Delivery Program/Operational Plan Implications

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

Risk Analysis:

A risk analysis has been undertaken and it is considered that approval of the development application as recommended, does not pose a significant risk to Council.

Consultation:

The proposed development has been advertised and notified in accordance with the requirements of DCP 2015 for a period of 14 days and 42 submissions were received.

Of these, one submission was in support of the development, with the remaining 41 raising objections to the proposed development. Of the 41 objections, two were petitions and 11 were multiple submissions, where Council received the same or similar submission from the same person on more than one occasion.

The submissions received include both those submitted by residents surrounding the development and general Jetty locality, with a proportion of submissions also received from people residing outside of the locality.

A full copy of all of the submissions is a confidential attachment to this report (Attachment 5) as the submissions may contain personal or private information or other considerations against disclosure as prescribed under the Government Information (Public Access) Act 2009.

Related Policy, Precedents and / or Statutory Requirements:

·    Section 79C Evaluation

Section 79C of the Environmental Planning and Assessment 1979, specifies the matters which a consent authority must consider when determining a development application.

A section 79C evaluation is provided as Attachment 1.

·    Relevant Statutory Instruments

The statutory instruments relevant to the development include the following:

-     Coffs Harbour Local Environmental Plan 2013

-     State Environmental Planning Policy No. 55 - Remediation of Land

-     State Environmental Planning Policy No.65 - Design Quality of Residential Flat Development

-     State Environmental Planning Policy No. 71 - Coastal Protection

-     State Environmental Planning Policy - Building Sustainability Index: BASIX 2004

-     Coffs Harbour Development Control Plan 2015

Each of these statutory instruments is considered in detail in the Section 79C assessment appended to this report.

Implementation Date / Priority:

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

Conclusion:

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

 


Ordinary Council Meeting Agenda                                                       9 February 2017

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Ordinary Council Meeting Agenda                                                                               9 February 2017

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Ordinary Council Meeting Agenda                                                                               9 February 2017


 

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Ordinary Council Meeting Agenda                                                       9 February 2017

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Ordinary Council Meeting Agenda                                                     9 February 2017

SC17/02       Development Application 0381/17DA - Multi Dwelling Housing and Strata Subdivision - Lot 2, DP 505494, 131 Victoria Street, Coffs Harbour

Author:                        Development Assessment Coordinator

Authoriser:                  Director Sustainable Communities

Coffs Harbour 2030:   LP3 Our city centre is a place where people can live, work and play

Attachments:              ATT1  SC17/02   Development Application 0381/17DA - Section 79C

ATT2  SC17/02   Development Application 0381-17DA - Plans

ATT3  SC17/02   Development Application 0381/17DA - Draft Conditions  

 

Executive Summary

This report provides an assessment of Development Application 0381/17DA for multi dwelling housing (three townhouses) and strata subdivision at Lot 2, DP 505494, 131 Victoria Street, Coffs Harbour. 

The development will have a maximum building height of 8.4 metres.  Clause 4.3(2) of Coffs Harbour Local Environmental Plan 2013 specifies a height of building, development standard of 5.4 metres for the site. 

The application was notified to adjoining and nearby land owners.  No submissions were received.  It is recommended that the application be approved subject to a number of conditions.

This application is reported to Council for determination in accordance with Department of Planning Circular PS 08–014 which specifies that all development applications which propose a variation greater than 10% to a development standard must be determined by full Council.

 

Recommendation:

That Council:

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

2.       Approve Development Application 0381/17DA, Multi Dwelling Housing and Strata Subdivision, Lot 2, DP 505494, 131 Victoria Street, Coffs Harbour subject to the conditions in Attachment 3.

 

Report

Description of Item:

The site is Lot 2, DP 505494, 131 Victoria Street, Coffs Harbour.  It is 935 m2 in site area with a slope to the north falling from Victoria Street.  It has a frontage of 32.4 metres with Victoria Street.

There are existing multi dwellings housing developments to the north and east of the site.  To the west of the site is an existing single dwelling.

Development Application 0381/17DA is for construction of multi dwelling housing (three townhouses).  The development ‘steps’ down the site.  Each townhouse is located on its own separate level.  The uppermost townhouse has a partial upstairs section.  The development will appear as two storeys from Victoria Street.

It is proposed to strata subdivide the development once constructed.

Issues:

·        Variation to development standard

This application proposes a variation to the height of buildings development standard specified in Coffs Harbour Local Environmental Plan 2013.

A completed assessment of the proposed variation has been undertaken in accordance with Clause 4.6 of Coff Harbour Local Environmental Plan 2013.  This is provided in the development assessment report appended as Attachment 1.

Options:

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

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

It is recommended that Council pursue option one as outlined above.

Sustainability Assessment:

•     Environment

The proposed development is not expected to result in any unacceptable environmental impacts. A complete assessment of potential environmental impacts is provided in the S79C Assessment Report provided as Attachment 1 to this report.

•     Social

The development will provide additional housing in the area.  Conditions will be imposed to ensure that potential amenity impacts during construction are minimised.  It is considered that the development is unlikely to result in unacceptable social impacts to the locality.

•     Civic Leadership

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

•     Economic – Broader Economic Implications

The development will provide construction related employment opportunities during the construction phase and additional housing to the area on completion.

•     Economic - Delivery Program/Operational Plan Implications

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

Risk Analysis:

A risk analysis has been undertaken and it is considered that approval of the development application as recommended, does not pose a significant risk to Council.

Consultation:

The application was notified from 27 October 2016 to 11 November 2016.  No submissions were received.

Related Policy, Precedents and / or Statutory Requirements:

·    Section 79C Evaluation

 

Section 79C of the Environmental Planning and Assessment 1979, specifies the matters which a consent authority must consider when determining a development application.

A section 79C evaluation is provided as Attachment 1.

 

·    Relevant Statutory Instruments

 

-      State Environmental Planning Policy No. 55 - Remediation of Land

-      State Environmental Planning Policy No. 71 - Coastal Protection

-      Coffs Harbour Local Environmental Plan 2013

-      Coffs Harbour Development Control Plan 2013

Each of these statutory instruments is considered in detail in the Section 79C assessment appended to this report.

Implementation Date / Priority:

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

Conclusion:

This report provides an assessment of the application that has been undertaken in accordance with all statutory requirements and it is recommended that the application be approved subject to a number of conditions

 


Ordinary Council Meeting Agenda                                                       9 February 2017

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Ordinary Council Meeting Agenda                                                                               9 February 2017

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Ordinary Council Meeting Agenda                                                       9 February 2017

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Ordinary Council Meeting Agenda                                                     9 February 2017

SC17/03       Building Better Regions Fund - Round One 2017 - Infrastructure Projects

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 Building Better Regions Fund (BBRF), which has replaced the National Stronger Regions Fund (NSRF), is now open, with $297.7 million available over the next four years (2017-2020) for infrastructure and community projects.

The fund aims to achieve the following outcomes in regional and remote communities:

·    create jobs

·    have a positive impact on economic activity, including Indigenous economic participation through employment and supplier-use outcomes

·    enhance community facilities

·    enhance leadership capacity

·    encourage community cohesion and sense of identity.

This report seeks Council’s endorsement of two projects to be submitted to the BBRF Infrastructure Projects Round 1 funding stream. The two projects are:

1.   Building an EPIC Stadium for the Future at a total project cost of $13,440,000.

2.   Woolgoolga Beach Reserve Community Infrastructure Improvement Program at a total project cost of $500,000.

If successful, Council will need to commit to matching grant funds in cash on a dollar for dollar basis, for each project.

 

Recommendation:

That Council submit two projects for the Building Better Regions Fund Infrastructure Projects Round 1, being:

1.  Building an EPIC Stadium for the Future project, at a total project cost of $13,440,000.

2.  Woolgoolga Beach Reserve Community Infrastructure Improvement Program, at a total project cost of $500,000.

 

Report

Description of Item:

The BBRF, which has replaced the National Stronger Regions Fund (NSRF), is now open, with $297.7 million available over the next four years (2017-2020) for infrastructure and community projects.

The fund aims to achieve the following outcomes in regional and remote communities:

·    create jobs

·    have a positive impact on economic activity, including Indigenous economic participation through employment and supplier-use outcomes

·    enhance community facilities

·    enhance leadership capacity

·    encourage community cohesion and sense of identity.

Grants will be available through two funding streams:

1.   Infrastructure Projects - supports projects that involve the construction of new infrastructure, or the upgrade or extension of existing infrastructure that deliver economic and social benefits to regional and remote areas.

2.   Community Investments - will fund community building activities including, but not limited to, new or expanded local events, strategic regional plans, and leadership and capability building activities that deliver economic and social benefits to regional and remote communities.

Applications for the Infrastructure Projects Stream close 28 February 2017, and for the Community Investments Stream - 31 March 2017. Up to two projects can be submitted per funding stream.

Due to the BBRF timelines, this report only considers the BBRF Infrastructure Projects stream.

With regard to the BBRF Community Investments stream, Council is currently reviewing the program guidelines and potential eligible community building activities.

This report seeks Council’s endorsement of two projects to be submitted to the BBRF Infrastructure Projects Round 1 funding stream. The two projects are:

1.       Building an EPIC Stadium for the Future, at a total project cost of $13,440,000.

2.       Woolgoolga Beach Reserve Community Infrastructure Improvement Program, at a total project cost of $500,000.

If successful, Council will need to commit to matching grant funds in cash on a dollar for dollar basis, for each project.

Having regard to the BBRF Infrastructure Projects stream, the supporting guidelines outline that projects will be assessed on four merit criteria:

1.   Economic benefit to a region (15 points).

2.   Social benefit to a region (10 points).

3.   Value for money (5 points).

4.   Capacity and capability of the applicant to deliver a strong project outcome. (5 points).

Key application considerations:

·    The application detail needs to be commensurate with the $ value of the project.

·    50% match funding is required (Community Investment projects under $20k exempt from co-funding requirement).

·    Applicants may submit two projects per round.

·    Capital projects must be ready to commence within 12 weeks of executing the grant agreement.

·    Minimum grant amount is $20,000 and the maximum grant amount is $10 million ($5k to $100k for Community Investments).

·    Projects to be completed by 31 December 2019 (within 12 months for Community Investments).

Issues:

Council has considered a number of large infrastructure projects for previous versions of the federal government infrastructure funding, and there are also other upcoming projects that have been considered in this instance.

Recommended for BBRF1 funding:

Building an EPIC Stadium for the Future will revitalise the Coffs Coast region’s premier sporting facility, C.ex Coffs International Stadium, the hub of the Coffs Coast Sport and Leisure Park.

The C.ex Coffs International Stadium is a multipurpose venue that has the capability to host top tier elite sport events, yet versatile enough to cater to community activities such as school carnivals and local sporting finals/grand finals. Each year the sports industry delivers approximately $30,000,000 in economic benefit to our community on the Coffs Coast, of which a minimum of $19,000,000 is directly associated with major event delivery at the Stadium.

The quality of the playing surface is recognised nationally as one of the best in Australia (not just regionally). The Stadium also has digital broadcast capable lighting, and it is the combination of the playing surface and lighting which allows Coffs Harbour to attract major events.

Unfortunately, the grandstand and player facilities do not meet the standards required to host elite level events. No major improvements have taken place to the grandstand facilities since it was built 21 years ago. Consequently, temporary infrastructure is regularly hired in to provide the adequate provision required to meet the needs of various events. The temporary solutions come at significant cost, and are seen as substandard and are a compromise by venue hirers that expect more.

Spectator facilities are currently also lacking with less than 1,000 formal seats, inadequate parking, limited toilets, limited food service outlets, no corporate hospitality options, and insufficient media/official facilities.

The project will:

·    Upgrade facilities to enhance the user experience - a 200% increase in formal seating, accessibility, amenities, catering outlets, parking and pedestrian integration with fan/spectator facing technology.

·    Cater for a varied range of sporting events at all levels including improved player facilities, corporate hospitality rooms and upgrades to broadcasting and media facilities to complement the 1500 lux broadcast lighting.

·    Maximise opportunities for environmental sustainability.

·    Provide new revenue opportunities and direct economic benefit to the local economy from a diversified event portfolio, including additional employment during construction and well into the future.

·    Enhance our regional amenity as an attractive place to live and provide opportunities to further community and social inclusion.

·    Allow Coffs Harbour to continue to be competitive and attractive as a destination for major events.

 

The Building an EPIC Stadium for the Future project outcomes are:

Excellence – a renowned regional sporting venue offering excellence in all aspects of our events

Place – connecting the Stadium and precinct with our events, sports, community and all who visit

Innovation – new technology and ways to enhance the player and user experience

Connection – activating the precinct, aligning the facility with the requirements of our key partners and our community.

The project is based on the concept plans endorsed by Council on 10 March 2011, and is also supported by various adopted strategic documents as detailed later in this report.

This project meets the merit criteria and application considerations listed above.

Woolgoolga Beach Reserve Community Infrastructure Improvement Program is aimed at implementing strategies within the Woolgoolga Beach Reserve Plan of Management. The project will commence the improvements to the public open space including the demolition of old and dilapidated infrastructure, the construction of a new public amenities, pedestrian pathways and the relocation of the children’s playground.

On 10 March 2016, Council resolved to support the former Woolgoolga Beach Reserve Trust in an application to the National Stronger Regions Fund (NSRF) Round 3 Grant Program and committed $250,000.00 of Council funds towards the estimated $500,000 project. At the same meeting, the former Woolgoolga Beach Reserve Trust resolved to make an application to the NSRF with the financial support of the Council. An application was submitted but was not successful in the Round 3 funding distributions. It is recommended that the NSRF application be revisited as part of the BBRF1 opportunity.

This project meets the merit criteria and application considerations listed above.

Other projects considered (not recommended for BBRF1 funding applications):

Northern Beaches Multi-Purpose Centre

The project is being championed by a sub-committee of the Northern Beaches Chamber of Commerce and is supported by the Woolgoolga and Northern Beaches community. Architectural concept plans for the Centre were completed in early 2014, including an estimate for construction costs prepared by a quantity surveyor of $7.2 million for stage 1 and $2.5 million for stage 2. The sub-committee has received pledges of financial support from groups and individuals within the Northern Beaches.

The project is reliant on Council undertaking the installation of electricity, sewer and water services onto the site in addition to the construction of an access road. All these elements have been forward funded in the 2014 Open Space Developer Contributions Plan with the undergrounds services scheduled for the 2016/2017 financial year, and the access road scheduled for the 2023/2024 financial year.

The Coffs Harbour Sports Facility Plan 2016 recommended a feasibility study and business plan for any future multipurpose indoor centre at West Woolgoolga Sports Complex in the short term and for the construction of any facility to be pending the outcome of the feasibility study and business plan.

It should be noted however that the feasibility study and business plan remains unfunded.

This project does not meet all of the application considerations (specifically readiness to proceed).

A New Library and Regional Gallery for Coffs Harbour Local Government Area (LGA)

For over a decade, Council has identified that both the central Library and the Regional Gallery are currently too small to provide an acceptable level of service to the community. This is despite the excellence of the staff who operate and manage the services and programs.

A new Library and Regional Gallery will match the needs of our growing population and contribute to the desired urban renewal and activation outcomes of the CBD Masterplan 2013. Importantly, the development will add significant value to Coffs Harbour LGA as a cultural, community and tourist destination.

At 980m2, including back offices and storage, the current Harry Bailey Memorial Library is 40% of the 2500m2 that is recommended by the State Library of NSW for the Coffs Harbour local government area population and the Coffs Harbour Regional Gallery is amongst the smallest regional galleries in NSW, with only 73.5 linear metres of display space.

Libraries are no longer places for books alone - they are hubs for small business co-working and innovation, creativity, technology, learning and ideas. Galleries offer interactive, dynamic experiences which take us beyond simply ‘viewing’ to ‘participating’ fully in the cultural experience.

Extensive and independent research confirms the economic, social and cultural benefits of libraries and galleries. These include:

·    Increase to visitor and creative industries economy (made up of direct and indirect employment, audiences and tourists, earnings through export, touring, sales, intellectual property and the built and natural environments).

·    Improved education, career development, social and health outcomes.

·    Contributions to language and computer literacy.

·    Social interaction facilitated.

·    Sense of place and enhanced regional amenity and liveability.

During 2016 Council has undertaken extensive community and stakeholder consultation and project planning for a new Library and Regional Gallery in the CBD.

At its meeting of 23 June 2016, where it was resolved that Council:

1.   Endorses 23-31 Gordon Street as the site for a new Harry Bailey Memorial Library and the new Coffs Harbour Regional Gallery.

2.   Undertake a precinct analysis that includes identifying activation opportunities and pedestrian access to and surrounding the 23-31 Gordon Street site.

3.   Investigate mixed use and civic (includes Council office accommodation) development in addition to a new central library and regional gallery on the 23-31 Gordon Street site, in order to maximise urban renewal and activation outcomes consistent with the CBD Masterplan.

4.   Considers a future report which details the precinct analysis, mixed use and civic investigation and any corresponding impact on the scope, budget and timing of the library and gallery project.

A Council report addressing the outputs of this Council resolution is planned for the first quarter of 2017.

The project therefore does not meet the readiness to proceed criteria to apply for this current BBRF funding but if endorsed by Council would meet the eligibility criteria for future rounds

Jetty Foreshores

Stages 2 to 4 received NSRF funding in 2015 and the project is underway. Any further stages of this project are not advanced enough to proceed with this grant application.

Options:

1.   Accept the recommendations and proceed with two applications for the BBRF Round 1 report.

2.   Modify the recommendations and put forward other projects noting the need to meet the assessment criteria under the BBRF Round 1 Guidelines.

3.   Reject the recommendations and thereby not lodge any application under BBRF Round 1.

Sustainability Assessment:

•     Environment

Any of the projects nominated will need to include a detailed assessment and review of environmental impacts prior to construction.

•     Social

Projects nominated for the funding program will need to meet project objectives in stimulating growth and economic activity and supporting productivity and community well-being. These will be addressed in the Assessment Criteria responses to the grant.

•     Civic Leadership

The projects listed for consideration will address matters outlined clearly in the Looking After Our Communities Theme, the Moving Around Theme and the Places for Living Theme of the Coffs Harbour 2030 Community Plan.

•     Economic – Broader Economic Implications

These projects would have positive economic implications during the construction period and also in the long term.

•     Economic - Delivery Program/Operational Plan Implications

BBRF guidelines state that;

The applicant must match the BBRF grant in cash on at least a dollar for dollar basis;

The project costs have been calculated via independent parties including Quantity Surveyors, to ensure that estimates are current. If successful, the grant funds for each proposal would need to be matched in cash on a dollar for dollar basis, to be allocated from a mixture of internal reserves and loan funds as follows:

Building an EPIC Stadium for the Future Project

$13,440,000    Project cost

$6,720,000      Council contribution may be funded via:

$4,000,000      T2S Reserve

$2,720,000      Loan funds

The T2S Reserve was established to capture and ‘bank’ initial and ongoing cost savings from Council’s Transformation to Sustainability (T2S) Program, originally estimated at $3.5M per annum. The reserve therefore provides ongoing funding capacity for Council to allocate strategically to particular projects.

However, in order for Council to meet the Fit for the Future benchmarks in accordance with Council’s adopted Improvement Plan, capital expenditure from the T2S Reserve needs to be applied to the renewal of assets rather than to new assets. As this project has asset renewal and new asset components, it is proposed to use the T2S Reserve for the asset renewal component and loan funds for the new asset component.

The General Fund has the capacity to service the loan repayments over 20 years.

It is anticipated that the new opportunities in revenue generation arising from the project, will offset any increases in operating expenditure at the venue (excluding depreciation costs). The increase in depreciation cost will need to be built into Council’s Long Term Financial Plan; however, this is mitigated to an extent due to the long life of the assets and the extent of the asset renewal component already included in the current depreciation expense.

Woolgoolga Beach Reserve Community Infrastructure Improvement Program

$500,000         Project cost

$250,000         Council contribution may be funded via an allocation from recreation and reserve maintenance and improvement budgets

Lifecycle cost of the project including ongoing maintenance will continue to be met through Coffs Coast State Park Trust revenue generated through business activities.

It should be acknowledged that neither of these two projects are within Council's existing Delivery Program or Long Term Financial Plan in terms of funding, and would need to be adjusted accordingly as discussed above.

Risk Analysis:

The BBRF is a competitive program with decisions on projects to be funded based on, amongst other things, information provided in the application and supporting documents.  The quality and level of development of plans and estimates for the applications therefore need to be very high. Council needs to consider this along with the project assessment criteria in deciding on projects with sound prospects of winning funding from the program.

Financial risk needs to be managed through ensuring that cost estimates for a project submission are backed through appropriate levels of design and quantity assessment.

There is unknown level of risk that if these projects are successful in this first round, that Council may have less chance of success with any planned future infrastructure project applications.

The guidelines state that the Ministerial Panel assessing the application may consider other factors when deciding which projects to fund, including, but not limited to:

·      the spread of projects and funding across regions

·      the level of funding allocated to an applicant in previous programs

In the event that appropriate funding to upgrade the C.ex Coffs International Stadium is not available there is risk to the Council economy and community that the ongoing costs of maintenance and hosting current events will continue to utilise limited budgets. Secondly, as the requirements of sporting organisations, teams and players continue to rise, Council is at risk of losing the ability to host large scale, national and international standard events due to the facilities not meeting the standards set by various sporting codes.

Consultation:

Considerable stakeholder consultation with sports, events, business and Council partners occurred during the preparation of the Stadium Strategy Masterplan 2011, Sports Facility Plan 2016, Coffs Harbour Event Strategy 2020, Coffs Coast Tourism Strategic Plan 2020, Feasibility Study into the Centre of Excellence (2016) – all of whom note the importance of the Stadium project in delivering economic outcomes for the community and the prioritisation of extending the grandstand. All the above documents have been adopted by Council.  Further, at its meeting of 10 March 2011, Council endorsed the concept plans (and these have been used as the basis for the project designs).

Considerable community and stakeholder consultation has been undertaken during the development of the Woolgoolga Beach Reserve Draft Plan of Management and the Woolgoolga Town Centre Strategy. During the various phases of consultation there was over-riding community support for improved public recreation and open space within the Woolgoolga Beach Reserve.

Related Policy, Precedents and / or Statutory Requirements:

There are no specific statutory requirements which underpin the projects or the grant applications. Project selection has taken into account Council’s existing resolution regarding priority projects.

Implementation Date / Priority:

Once endorsed by Council, the two applications will be prepared and lodged by the submission date of 28 February 2017.  Announcement of successful BBRF Round 1 projects is expected later in 2017. The BBRF projects must be able to commence within 12 weeks of signing the funding agreement, and must be completed on or before 31 December 2019.

Conclusion:

This report identifies two of Council’s projects which seem most likely to meet BBRF eligibility and assessment criteria and which are most likely to result in a successful submission. Council endorsement of these projects will allow applications to be lodged to the BBRF Round 1 prior to 28 February 2017.

 


Ordinary Council Meeting Agenda                                                     9 February 2017

SC17/04       Submission Regarding the Development of a NSW Koala Strategy

Author:                        Senior Biodiversity Officer

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC17/04   Report of the NSW Chief Scientist and Engineer regarding the independent review into the decline of koala populations in key areas of NSW

ATT2  SC17/04   Coffs Harbour City Council submission regarding the development of a NSW koala strategy  

 

Executive Summary

The objective of this report is to provide Council with an overview of the Chief Scientist and Engineer’s report regarding the independent review into the decline of koala populations in key areas of NSW (Attachment 1) and to provide a submission for lodgement with the State Government (Attachment 2).

 

Recommendation:

That Council endorse the attached submission (Attachment 2) to the NSW Government regarding the development of a NSW Koala Strategy.

 

Report

Description of Item:

In March 2016, the NSW Minister for the Environment asked the Chief Scientist and Engineer to conduct an independent review into the decline of koala populations in key areas of NSW. A Koala Advisory Committee was established to provide advice.

The Chief Scientist and Engineer provided a report to the NSW Government in December 2016 (Attachment 1) which found that koala populations are under increasing pressure and have declined in NSW by an estimated 26% over the past 15 to 21 years, and that without active intervention this level of decline is likely to continue.

The report makes 11 recommendations to benefit koala populations in NSW with the objective being to stabilise and then start to increase koala numbers. The main recommendation is that Government develop a whole-of-government koala strategy for NSW based on the principles of action, ongoing monitoring and continuous learning.

The development of the Koala Strategy was announced by the NSW Minister for the Environment on 4 December 2016.  Submissions on the development of the strategy are invited until 3 March 2017. 

The strategy is proposed to use the best available science to:

·              improve data and mapping;

·              improve outcomes for koala through changes to the planning system and native vegetation regulation;

·              investigate models for guiding and encouraging best practice;

·              prioritise areas of land for conservation management, and

·              develop a series of actions to improve collaboration and information exchange amongst government, researchers, land managers and the community.

On 8 December 2016 Council resolved to endorse a submission to the NSW Government regarding the review of State Environmental Planning Policy No 44 – Koala Habitat Protection. 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

The development of the NSW Koala Strategy together with the review of SEPP 44 is part of a package aimed at stabilising and increasing koala numbers in NSW.

Issues:

Local government has a key role in koala management and it is encouraging to see the NSW Government consulting with local councils on the development of the NSW Koala Strategy.  It is unknown how the strategy will be implemented and a successful outcome will require collaboration across all levels and departments of government. 

Options:

1.   That Council endorse the attached submission for lodgement with the State Government on the development of a NSW Koala Strategy.

2.   That Council not endorse the attached submission and provide an amended submission for lodgement with the State Government.

3.   That Council provide no submission on the development of a NSW Koala Strategy.

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. 

•     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 Plan which was adopted by Council in 2009.

•     Civic Leadership

The NSW Koala Strategy will impact on the following objectives of the Coffs Harbour 2030 Community Strategic Plan (CSP) and the submission at Attachment 2 discusses issues relating to these objectives:

-      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

The sustainable management of the region’s koala population provides broad economic benefits to the community as the iconic species 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 any legislation that is amended following the development of the NSW Koala Strategy. 

Risk Analysis:

Once the strategy is released Council will need to undertake a comprehensive review of its policies and procedures to ensure that Council is contributing to stabilising and increasing koala numbers.

Consultation:

Submissions on the development of the NSW Koala Strategy are invited until 3 March 2017 with the State Government undertaking regional community information sessions, stakeholder meetings, and webinars.  Representatives from the NSW Office of Environment and Heritage and the NSW Department of Planning and the Environment have also met with Council staff to discuss the development of the strategy.

A submission has been prepared by Council for lodgement with the State Government and is included as Attachment 2. 

Related Policy, Precedents and / or Statutory Requirements:

On 8 December 2016 Council resolved to endorse a submission to the NSW Government regarding the review of State Environmental Planning Policy No 44 – Koala Habitat Protection that is part of a package aimed at stabilising and increasing koala numbers.

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

Implementation Date / Priority:

The NSW Minister for the Environment announced the development of a whole-of-government NSW Koala Strategy on 4 December 2016, with submissions invited until 3 March 2017. If endorsed by Council, the Coffs Harbour City Council submission (Attachment 2) will be lodged prior to 3 March 2017.

Conclusion:

This report has provided Council with an overview of the Chief Scientist and Engineer’s report regarding the independent review into the decline of koala populations in key areas of NSW, and a submission for lodgement with the State Government.

 


Ordinary Council Meeting Agenda                                                       9 February 2017

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Ordinary Council Meeting Agenda                                                                               9 February 2017

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Ordinary Council Meeting Agenda                                                       9 February 2017

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Ordinary Council Meeting Agenda                                                     9 February 2017

NOM17/02   Boambee Headland - Eradication of Noxious Plants and Weeds

Attachments:              ATT1  NOM17/02         Plan showing Boambee Headland vegetation   

 

Motion:

Councillor Rhoades has given notice of his intention to move the following;

"That Council urgently commence a programme to eradicate noxious plants and weeds and restore the vista of the surrounding area on Boambee Headland, Sawtell":

 

Rationale:

"This is another example of the work that Council has done over some years that now makes this Headland a not to pleasant place to visit.  For the entire drive up to the Headland you are greeted by lantana and other noxious weeds.  On arrival at the Headland it is now a case of trying to identify a space in the vegetation that you may get a view of Sawtell or it's beautiful beach and surrounding area.  This is not about mass clearing but about restoring what many thousands of our tourists have enjoyed for decades, and that is a view.  Similar inspections and works should be investigated and if required a programme of works commenced on other Headlands within the Coffs Harbour LGA."

Staff Comment:

Relevent staff have inspected the site. The following information is provided for Councillor consideration:

1)      There is a current rolling annual program of weed eradication for Boambee Headland budgeted at $20,000 per annum.

2)      Inspection has determined that the cost to completely removal all noxious and environmental weeds from Boambee headland including the entry road in a single season would require $180,000.

3)      A similar outcome, if limited only to the headland area and not the entry road, could be achieved within the current budget ($20,000) by a redirection of focus limited only to that area.

4)      The removal of all noxious and environmental weeds alone will not significantly enhance the existing vista on the southern aspect. Such an outcome would require more extensive work.

5)      A significant area of the headland on the southern aspect is currently mapped as SEPP 26 (ie. littoral rainforest). Any proposed work beyond the further removal of weeds within this particular area of the headland (refer attached map) would require NSW State Government approval.

6)      Council has recently received a $100,000 grant from the Office of the Environment and Heritage coupled with an additional $44,000 to undertake a program of research into the restoration of native vegetation to headlands (including Boambee Headland) within the Coffs Harbour LGA. The funding is sufficient to support a three year research program by a Researcher from the University of New England. The output of the program will be scientific research, a research paper, and a tabulation of the results.This program is currently underway having commenced this financial year. The aim of the research is to identify and validate the most appropriate method of restoring and maintaining these headlands that, traditionally, were maintained through selective burn back.

As a result of the above information staff would suggest that Councillors’ consideration be given to requesting an Urgent Report on the matter before proceeding further.


Ordinary Council Meeting Agenda                                                                               9 February 2017

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Ordinary Council Meeting Agenda                                                     9 February 2017

SI17/01         Grant of Easement to Essential Energy affecting council land - Lot 42 DP 1180793 Halls Road, North Boambee Valley

Author:                        Team Leader Property Development

Authoriser:                  Director Sustainable Infrastructure

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

Attachments:              ATT1  SI17/01     Location of proposed easement  

 

Executive Summary

The purpose of this report is to obtain formal approval to allow Council to grant an easement in favour of Essential Energy to satisfy their requirements in association with the installation of electrical Infrastructure.

 

Recommendation:

That Council:

1.       Accept from the adjoining developer an amount of $250 inclusive of GST as compensation for the grant of an easement over Council’s land to Essential Energy.

2.       Accept that all costs associated with the matter will be the responsibility of the adjoining developer.

3.       Authorise the execution of the necessary documents under seal.

 

Report

Description of Item:

Council has recently been approached by agents acting for Noubia Pty Ltd who are developing a residential subdivision known as the Lakes Estate at North Boambee Valley. The developers wish to proceed with stage 3A of their development which has DA approval. As a part of the requirements of this stage an upgrade to the existing electrical infrastructure of Essential Energy is required. This will entail undergrounding of an 11kv cable over Council land which in turn will trigger a requirement by Essential Energy to obtain an easement over the completed works.

 

The location of the required easement is shown on the attachment to this report being an easement for underground powerlines 3 metres by 2 metres. An existing and adjoining easement in favour of Essential Energy is located directly to the south of the proposed easement.

 

Council’s affected land is a public reserve and serves open space purposes. The land is zoned E2 Environmental Conservation and is community classified land under the Local Government Act 1993. The easement and infrastructure proposed will have no significant impact on the land and its current use. It is noted that other existing electrical infrastructure is already present at this location.

 

As the impact of the easement will be minimal a nominal amount of compensation has been agreed at $250 inclusive of GST on the basis the proponent is responsible for all costs associated with the matter.

Issues:

Although the land is a public reserve, the upgrade of the electrical infrastructure will have little impact on its use as open space and will have minimal or zero impact on future use of the land.

 

Without Council approval the applicant would be required to arrange for an upgrade of the powerline in a less desirable location, which would be neither cost effective nor practical.

Options:

Council has primary two options in deciding this matter:

1.    To consent to the grant of the easement

2.    To refuse consent

 

Sustainability Assessment:

•     Environment

There are no major issues in relation to this matter.

•     Social

There are no social impacts.

•     Civic Leadership

There are no major issues in relation to this matter. Grant of the easement will facilitate an appropriate and practical upgrading of essential infrastructure.

•     Economic – Broader Economic Implications

There are no impacts in relation to broader implications.

•     Economic - Delivery Program/Operational Plan Implications

Council will receive a net inflow of funds from the sale of the easement and will have no costs in relation to the matter.

Risk Analysis:

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

Consultation:

Council’s Strategic Asset Management section has identified that Council’s future infrastructure requirements in the area will be impacted by the granting of the easement.

Related Policy, Precedents and / or Statutory Requirements:

Council has in the past sold easements that affect its land.

 

Section 377(1) (H) of the Local Government Act, 1993 requires the formal approval of the Council in regard to the sale of land or property rights.

 

Section 46 of the Local Government Act, 1993 provides Council the legal right to grant an easement over community land for the provision of public utilities and works associated with or ancillary to public utilities.

Implementation Date / Priority:

The matter will be dealt with immediately following Council’s resolution.

Conclusion:

The report requests the formal approval of Council to accept an offer for the grant of an easement to Essential Energy for underground powerlines that will affect an existing Council public reserve. The price negotiated and terms agreed between the parties are considered a fair market price given the minor effect on Council’s land.

 


Ordinary Council Meeting Agenda                                                                               9 February 2017

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Ordinary Council Meeting Agenda                                                     9 February 2017

T17/01          TRUST REPORT - Lease of Public Swimming Pools

Author:                        Property Officer

Authoriser:                  Director Business Services

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

Attachments:              Nil

 

 

Executive Summary

This report seeks approval for Council, as Reserve Trust Managers, to enter into three separate 20 year leases to Coffs Harbour City Council over each of the public swimming pools in Coffs Harbour, Woolgoolga and Sawtell being located in parts of the respective reserves.

 

 

Recommendation:

1.   That Council, as Corporate Manager of the Coffs Coast State Park Trust, enter into separate leases over part Reserve 1002970 (Coffs Harbour War Memorial Olympic Pool) and part Reserve 81703 (Sawtell Swimming Pool) for a 20 year term to Coffs Harbour City Council.

2.   That Council, as Corporate Manager of Reserve 91945 enter into a lease over part Reserve 91945 (Woolgoolga Swimming Pool) for a 20 year term to Coffs Harbour City Council.

3.   That Council, as Corporate Manager of the Coffs Coast State Park Trust and Corporate Manager of Reserve 91945, authorise the General Manager to execute the respective leases.

 

 

Report

Description of Item:

Council has managed occupation of each of the public swimming pools since since they were built, currently as Trust Managers.  The tenure leases on all three pools are due to expire as at 30 June 2017.

 

Department of Industry (DI) – Lands has recommended and given approval in principle for the Trust to issue a lease to Council for a 20 year term in order for Council to manage the tenures and associated operational requirements without necessity to continue to be involved with the day to day Crown Lands’ processes.

Issues:

The swimming pools are well established on the respective reserves and all tasks to be conducted must be referred to DI - Lands for due process and subsequent approval.

 

This has become problematic due to the backlog of tasks with DI - Lands and depending on the priorities at any given time can result in a flow-on affect with delays in having matters progressed in a timely and appropriate manner.

 

Leasing to Council will aleviate the current delays experienced following this course.

Options:

1.   Adopt the recommendation provided to Council as Corporate Manager for Reserves numbered 1002970, 81703 and 91945, and enter into a separate lease over each property for a 20 year term to Coffs Harbour City Council.

 

2.   Amend the recommendation provided to Council as Corporate Manager and take only one lease over all three properties.  The issue presented under this option would restrict Council to apply the same strategic plan to all three properties.

 

The benefit of individual leases allows for individual future planning as appropriate to each property.

 

3.   Reject the recommendation provided to Council as Corporate Manager and continue administering the occupation of the properties by liaising directly with DI – Lands.

Sustainability Assessment:

•     Environment

The pools have all been established for many decades and the properties each defined by premises fencing them off within their respective reserves.  The approval of new leases to Council will not incur any further disturbance to the environment.

•     Social

The securing of formal tenure to Council ensures the longevity of the public swimming pool services to the respective communities.  This in turn secures employment for those required to staff the facilities.

•     Civic Leadership

The Delivery Program 2016-2020 referes to the “Provision of public swimming pool facilities for the community” under Places for Living – Objective 2:  PL2 Our public spaces are enjoyed by all our people.

•     Economic – Broader Economic Implications

The provision of public swimming pools to the respective communities requires a significant investment by Council each year for both operational and maintenance costs.

 

Entering into a lease to Council presents no new or additional economic implications.

•     Economic - Delivery Program/Operational Plan Implications

Council, as Corporate Manager, already administers the operation of the public swimming pool facilities.  A lease to Council will not change the current financial arrangement built into Council’s Operational Plan and Delivery Program.

Risk Analysis:

At present, in order to attend to the administering of strategic and operational needs of keeping the public swimming pools available to the respective communities, Council must communicate and correspond regularly with DI - Lands for authority to proceed with recommendations.

 

This can result in delays for Council and pool management which flows on to the public.

 

Furthermore, delays in time can turn into additional unnecssary costs and/or lost opportunities and inferior facilities.

 

As Council will remain as administrators of the management of facilities, there is no further risk exposure by leasing the public swimming pools directly from the relevant Trusts.

Consultation:

NSW Department of Industry – Lands

Related Policy, Precedents and / or Statutory Requirements:

Council is currently and has been Corporate Manager for many other Reserves in the Local Government Area under the Crown Land Act 1983.

 

The new leases would be three of many entered into by Council in order to hold authority over Council assets and facilities on Crown Land.

Implementation Date / Priority:

1 July 2017.

Conclusion:

The public swimming pools at Coffs Harbour, Sawtell and Woolgoolga are well established and are important community facilities.

 

The leases from the Trusts to Council will allow Council to directly control the future operation, occupancy and administration of sub-leases by tender process, without the need for continual communication with DI - Lands.

 


Ordinary Council Meeting Agenda                                                     9 February 2017

T17/02          TRUST REPORT - Coffs Coast State Park Trust - Relocation of Marine Rescue Woolgoolga to Arrawarra Headland Facility

Author:                        Manager Holiday Parks and Reserves

Authoriser:                  Director Business Services

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

Attachments:              Nil

 

 

Executive Summary

Council, as Corporate Manager of the Coffs Coast State Park Trust, has been working with Marine Rescue Woolgoolga (MRW) and Woolgoolga Surf Life Saving Club (WSLSC) over recent years to secure suitable bases of operation for each organisation.  The project has progressed substantially with many required outcomes now in place or close to finalisation.  However, despite the progress, there remains concerns that the relocation of WSLSC to the vacated Marine Rescue site is in jeopardy.  The WSLSC project is heavily reliant upon external funding from two main sources, being Federal funds pledged at the last Federal election ($1M) and unsecured grant funding of $1M.  The WSLSC has advised the Trust that funding sources are at threat due to the WSLSC project not being ‘spade ready’ by 30 June 2017 and there is now considerable community desire to see the project preparations finalised in order to secure the required funds.  The Trust has not verified this advice with the funding body.

 

In order to progress the WSLSC project to ‘spade ready’ status there are several issues that need to be resolved. Primarily, funding for the relocation of MRW to Arrawarra Headland needs to be committed to enable that project to proceed.  This will, in turn, commence a process that will provide MRW with surety to terminate their lease at Woolgoolga Beach and enable the WSLSC Development Application (DA) to be assessed and a new lease lot for the WSLSC to be created.  The assessment of the DA, the creation of a new lease lot and an undertaking to issue a lease for the lot will bring the WSLSC project to ‘spade ready’ status and facilitate access to the pledged Federal funding and pave the way for the WSLSC to apply for other grant funding opportunities.

 

The purpose of this report is to summarise the progress to date, outline a course of action that will result in the WSLSC project being ‘spade ready’ by 30 June 2017 and commit the required funds that will facilitate both projects being brought to completion.

 

 

Recommendation:

That Council, as Corporate Manager of the Coffs Coast State Park Trust:

1.       Approves a funding allocation from the reserves of the Coffs Coast State Park Trust of up to $600,000 for the relocation of Marine Rescue Woolgoolga to Arrawarra Headland;

2.       Notes that a further progress report will be provided to the Trust by 30 April 2017; and

3.       Notes that grant funding for the relocation project will continue to be pursued.

 

 


 

Report

Description of Item:

Council, as Corporate Manager of the Woolgoolga Beach Reserve Trust and more recently as Corporate Manager of the Coffs Coast State Park Trust, has been working with Marine Rescue Woolgoolga (MRW) and Woolgoolga Surf Life Saving Club (WSLSC) over recent years to secure suitable bases of operation for each organisation.  The WSLSC building no longer meets safety and operational requirements and the Trust has been assisting the WSLSC relocate their clubhouse, within the Woolgoolga Beach Reserve, to the current MRW site.  Through discussions with WSLSC and MRW, it has been negotiated that MRW would be willing to vacate their base of operation at Woolgoolga Beach in lieu of being provided an alternate location, at no cost to their organisation, at Arrawarra Headland.  A suitable location for MRW has been found at the Arrawarra Headland Research Station which is also a Crown Reserve.

 

The proposed relocations are vitally important to the future operations of both MRW and the WSLSC.  Stakeholders have been consulted throughout the complex land tenure changes required, which have now been completed.  Following design work and obtaining quanity surveying estimates, it is now clear that the relocation of MRW will cost significantly more than was originally anticipated.  Therefore, Council officers have been pursuing design changes and grant opportunities to limit the additional financial commitment required from Council and/or the Trust.

The Mayor has also been consulting with various stakeholders to assist in advancing the relocations.  As a result of the Mayor’s advocacy and work undertaken to date, it is now timely to seek the Trust’s endorsement to provide the necessary financial commitment to bring the relocation of MRW to fruition in 2017.

Progressing the proposed relocations has required significant negotiations to change existing tenures and ensure the future operational requirements of all parties are considered.

Achievements thus far include:

Memorandum of Understanding and Heads of Agreement

A Memorandum of Understanding has been executed between Marine Rescue and the University of New England (UNE) for shared use of the Arrawarra Headland Marine Research Station.  In addition, a Heads of Agreement between Council, Marine Rescue and the UNE has also been executed.

Transfer of Trust Management to Council

During preliminary negotiations the UNE agreed that they would relinquish trust management in lieu of Council being appointed the Trust Manager, provided a suitable licence for continued use would be provided to the UNE.  This process has been completed and Council has been appointed as Corporate Manager of the Reserve which has now been added to the Coffs Coast State Park.

Trust Licence to UNE

The Coffs Coast State Park Trust has entered into a 10 year licence with the UNE to facilitate ongoing use of the site for educational and research purposes.

Crown Lands Licence to Marine Rescue

Advice from Marine Rescue and DPI Lands is that they have a licence drafted that is acceptable to both parties and will be executed prior to MRW terminating their lease at Woolgoolga Beach Reserve.

WSLSC DA submitted to Council

The WSLSC has submitted a DA to Council for consideration. The DA has been progressed including finalising negotiations regarding placement of the building to avoid conflict with existing services and infrastructure and other raised issues are in the process of being assessed.


 

Items that are yet to be resolved include:

Finalising design modifications to the existing facility at Arrawarra Headland

An architect was engaged to undertake the design work in consultation with Council, MRNSW and the UNE.  Draft plans were completed and amendments made to ensure the footprint complied with DPI Lands’ requirements.  The draft plans were subjected to a quantity survey that indicated the project had grown significantly in cost due to a number of factors. These include the presence of substantial amounts of asbestos, increased requirements under the Building Code of Australia, primarily around the provision of amenities, and some increases in scope.  As a result, Council officers have been in negotiations with Marine Rescue NSW, MRW, and the UNE to bring the project costs back to an acceptable level.  Savings have already been identified and design amendments acceptable to all parties are currently being finalised.

Other Approvals/Works Being Undertaken

DPI Lands and Council are working with National Parks and Wildlife (NPWS) on creating legal access to the site across the Coffs Coast Regional Park.  At the moment there is no legal access to the facility but all indications are that this issue is readily resolved and a process is in place to achieve access.

The Trust/Council will need to undertake environmental and heritage assessments as part of the approval process and a DA or similar planning process will be entered into once the design plans have been finalised.

Issues:

The relocation of MRW to Arrawarra has been delayed primarily due to unanticipated cost issues.  The original cost flagged to the Trust at the very early stages of the project, before full investigations and planning commenced, was $150,000.  This figure has been significantly surpassed due to asbestos issues, Building Code of Australia compliance issues and growth in desired scope.  The quantity survey undertaken identified costs would be in the vicinity $830,000 excluding the communications mast.  Through negotiation, Council officers are close to gaining acceptance from MRNSW and the UNE for an amended design that reduces construction costs whilst still meeting the operational needs of both groups.  Other project cost savings have been also been identified and both the UNE and MRNSW have recently agreed to fund certain portions of the project.  The cost reductions, combined with the contributions from MRNSW and the UNE should see the Trust’s contribution to the project amended to around $600,000.  The Trust has previously applied for Office of Liquor and Gaming grant funding ($300,000) to assist with the costs of the project but was notified in December 2016 that the application was unsuccessful.  However, further funding opportunities will be open shortly and applications will continue to be made in an endeavour to further reduce the unanticipated cost burden on the Trust.

 

It should be noted that the investment in MRW’s relocation to Arrawarra will have wide reaching positive implications for not only MRW and the WSLSC, but also the broader community as the relocations form part of a wider strategy for improvements to the Woolgoolga Beach Reserve under the Draft Plan of Management currently before the Minister responsible for Crown Land.

 

The WSLSC are actively seeking to have their project progressed to ‘spade ready’ status in order to improve their future funding options and also consolidate and confirm an existing funding pledge from the Federal Government.  During the last Federal election the club was pledged $1M towards the estimated $2.8M cost of their proposed new facility.  The WSLSC has advised that they must progress their project to ‘spade ready’, with all approvals in place, before 30 June 2017 or the Federal funding will be lost.  The Trust has not verified this advice with the funding body.  Further, the club have previously applied for $1M in funds from an Office of Liquor and Gaming grant stream in 2016, but apparently were unsuccessful based upon not being ‘spade ready’.  To be ‘spade ready’ the club must have final plans completed with an approved DA and a formal tenure in place before 30 June 2017.

 

The DA has been submitted and is in the process of assessment. In order for Marine Rescue to surrender their tenure at Woolgoolga Beach Reserve they require surety that their future at Arrawarra Headland is secured. Marine Rescue NSW have advised that the trigger for providing notification that they will relinquish their Woolgoolga lease will be the formal acceptance by the Coffs Coast State Park Trust of a contract to undertake the Arrawarra Headland construction.  In the meantime, preparations for the development of a proposed lease lot for WSLSC have commenced in readiness for when MRNSW relinquish their lease over the site.

 

Council officers are working with all parties towards a timeframe that achieves the following prior to the 30 June 2017 deadline for WSLSC:

·    Design plans for the Arrawarra Headland facility accepted by all parties

·    Planning approvals completed for Arrawarra Headland construction including DA and cultural heritage assessments

·    Legal access provided through the Coffs Coast Regional Park

·    Tender documents completed and tender awarded for Arrawarra Headland works

·    Relinquishment of MRW lease

·    DA assessed for WSLSC facility

·    Lease lot established for WSLSC and confirmation of intention to lease

Whilst some of these items are reliant upon external bodies, including DPI Lands, all parties are cognisant of the timelines and there is a strong desire from all parties to work towards achieving these milestones.

Options:

Accepting the recommendation will allow officers to progress the project within a defined budget whilst providing scope to report back to the Trust on progress in coming months.  Rejecting the recommendation will result in project delays whilst additional alternate funds are sought or further negotiations are undertaken in an attempt to reduce costs with no guarantee of a succesful outcome.

Sustainability Assessment:

•     Environment

Throughout the planning process for the project the environmental and cultural heritage considerations have been factored as part of current and future development assessment processes.  The project assists in implementing the Draft Plan of Management for Woolgoolga Beach Reserve which contributes towards the environmental management of the reserve.

•     Social

The operations of the two voluteer rescue organisations make a substantial contribution towards the safety and security of the public and also provide a valuable social setting for community members.  The recommendation supports the ongoing operations of the socially supportive organisations.

•     Civic Leadership

Council is Corporate Manager of the Coffs Coast State Park Trust and is charged with the care, control and management of the reserves within the Trust.  The decision to support this project shows a commitment towards effective management of the reserve system for the betterment of the NSW community.

•     Economic – Broader Economic Implications

Implementation of strategies within the Woolgoolga Beach Reserve Draft Plan of Management will have a positive impact upon the broader economic performance of the region.

•     Economic - Delivery Program/Operational Plan Implications

It is proposed to utilise Trust funds from reserves to fund this project so there is no direct implication on Council’s Delivery/Operational Plan.  A portion of Trust’s investment funds will be utilised to part fund the project with the remaining funds coming from operational funds.

Risk Analysis:

The Trust needs to ensure the funds are managed appropriately and due diligence should be applied when committing funds to any project irrespective of time constraints and external factors.  The protracted negotiations to date are as a result of the need to ameliorate the risk that Trust funds are not expended without full consideration being given to potential cost reductions.

 

There is a significant risk that community perception of Council and the Trust could be damaged, particularly if the WSLSC were to lose their allocated $1M in Federal funding or are impeded from securing further grant funding.  The resolution assists in reducing this risk but does not remove the risk that the proposed timeframes are not met, particularly when some deadlines and processes are beyond the control of Council or the Trust.

 

Residual risks remain for potential cost increases in relation to the construction at Arrawarra Headland.  Due diligence has been used to date to ensure costs are correctly estimated and appropriate strategies have been implemented to curtail growing costs.  However, until tender documents are completed and passed through a competitive process, the final cost cannot be guaranteed.  However, should this become an issue a further report will be promptly provided to the Trust.

 

A risk to the project also remains in so far as the DA process is not yet completed.

Consultation:

There has been extensive consultation regarding the project including internal Council stakeholders, DPI Lands, WSLSC, MRW, Marine Rescue NSW, UNE, National Parks & Wildlife Service and community groups such as the Northern Beaches Residents Association. Further consultation will occur as part of the DA process at Arrawarra Headland.

Related Policy, Precedents and / or Statutory Requirements:

Council is Corporate Manager of the Coffs Coast State Park Trust and has a history of supporting the operations of volunteer and community organisations.

Implementation Date / Priority:

Implementation is immediate with timelines and milestones as per the issues section of the report.

Conclusion:

The relocation of MRW to Arrawarra and the relocation of WSLSC to the vacated Marine Rescue site at Woolgoolga Beach Reserve will have far reaching benefits, not only for the volunteer rescue organisations but for the wider community as a whole.  The project is in keeping with strategies contained within the Draft Plan of Management for Woolgoolga Beach Reserve and is required to ensure the long term viability for both organistations.

 

The process to date has required extensive consultation across a range of stakeholders, many of whom have a vested interest in ensuring their individual requirements continue to be met.  Negotiations have continued in good faith between all parties and the project is very close to full realisation.  The financial requirements of the project have recently been a key impediment and a commitment from the Trust to provide sufficient funds to complete the project will facilitate bringing the planned works to fruition.

 


Ordinary Council Meeting Agenda                                                     9 February 2017

T17/03          TRUST REPORT - Renewal of Lease to Coffs Harbour Pre-School Association Incorporated

Author:                        Property Officer

Authoriser:                  Director Business Services

Coffs Harbour 2030:   LP6 Our education systems link strongly to the community and business

Attachments:              Nil

 

 

Executive Summary

This report seeks approval from Coffs Harbour (R.97618) Pre-School Reserve Trust to renew lease of Crown Reserve R.97618 to Coffs Harbour Pre-School Association Incorporated for a period of ten years.

 

 

Recommendation:

That Council, as Corporate Manager of the Coffs Harbour (R.97618) Pre-School Reserve Trust:

1.       Authorise the General Manager to enter into a lease with the Coffs Harbour Pre-School Association Incorporated for a term of ten years from 1 July 2016.

2.       Authorise any necessary documents associated with the lease to Coffs Harbour Pre-School Association Incorporated to be executed on behalf of the Coffs Harbour (R.97618) Pre-School Reserve Trust under the common seal of Coffs Harbour City Council.

 

Report

Description of Item:

Coffs Harbour Pre-School Association Incorporated (CHPSA) has been leasing Crown Reserve R.97618 at 11 Brodie Drive Coffs Harbour for over thirty years.  The lessee is seeking a new lease for the premises for a further period of ten years from 1 July 2016.

Issues:

Crown Reserve R.97618 comprising Lot 11 DP 704268 at 11 Brodie Drive, Coffs Harbour was reserved for a kindergarten on 14 December 1984.  On the same day Council was appointed the Trustee of the reserve, a position which was changed to corporate manager of the Coffs Harbour (R.97618) Pre-School Reserve Trust upon the enactment of the Crown Lands Act 1989.  The Reserve has been occupied by CHPSA since 1 July 1986.

 

CHPSA, a not-for-profit, community based centre, was established in 1953 and occupied various locations in the Coffs Harbour area until it was able to build its own facilities at its present location.  The initial building, as well as ongoing improvement and maintenance, is funded by the lessee using grants and parent fundraising.  The service is licensed and partly funded by the Department of Education and Communities.

 

In order to continue operating at this location CHPSA requires a new lease of the premises.

 

Options:

The Reserve Trust can authorise the renewal of lease for a term of ten years, seek another tenant or not enter into a lease at all.  The current lessee has been an excellent tenant, meeting its obligations under the lease.  In addition, the current lessee has constructed the improvements on the land and as such is deemed to be the organisation most reasonably expected to occupy the facility.

 

Sustainability Assessment:

•    Environment

Renewal of the lease in line with the recommendation is not considered to have any adverse impact on the environment as the proposed lease it is a continuation of existing tenure.

•    Social

The Lessee is performing a service which supports the needs of the wider community.  In renewing the lease the Reserve Trust is supporting this community need.

 

•    Civic Leadership

Council has for many years supported the health, care and education of young children in our community.  The purpose of the Crown Reserve is for Kindergarten and the proposed lease is consistent with this reserved purpose.

 

Council’s 2016-2020 Delivery Program identifies Council’s strategy to ‘increase access to educational opportunities for all’.  The proposed lease is consistent with this strategy.

 

•    Economic – Broader Economic Implications

Extension of the lease facilitates the ongoing operation of a community preschool which provides ongoing economic benefits to the community.

 

•    Economic - Delivery Program/Operational Plan Implications

Rental is payable for the land only as the tenant has constructed and maintains all improvements.  The market rental is assessed at $20,400 per annum with the existing rent being $1,614 per annum plus GST.

 

Leasing and licence fees to community organisations are currently somewhat inconsistent and based on historic arrangements.  In recent times Council officers have been progressing a change to a consistent approach and to that end are preparing a policy and guidelines for leasing and licencing to community organisations.  The policy is intended to provide fairness and equity to lessees, ensure that a reasonable return is provided to Reserve Trusts balanced with Council’s support for community groups providing essential community services. This policy will be presented to Council in due course for approval.

 

Therefore, for this new lease it is proposed to include a rent review clause as at 1 July 2017 to allow the adjustment of rent in line with Council’s adopted policy position at that time. Depending on the extent of the adjustment and to ensure affordability, any increase in rent payable may be phased in over a number of years.

Risk Analysis:

As the premises are already occupied and leased there are no additional risks associated with this proposal.  The lessee has demonstrated an ability to meet its obligations and comply with the terms and conditions of past lease agreements.  There is no indication that the lessee will not continue to meet the terms and conditions of the proposed new lease agreement.

Consultation:

Leases issued for Crown lands in this regard require endorsement of Consent from the Minister administering the Crown Lands Act 1989.  Representatives from the Department of Industry - Lands have provided in principle support for the Reserve Trust to issue a new Trust lease for community preschool to CHPSA for a term of up to ten years.

Related Policy, Precedents and / or Statutory Requirements:

Section 102 of the Crown Lands Act 1989 requires the Reserve Trust to obtain written consent from the Minister for proposals to lease land comprising the whole or any part of a Crown reserve.  As indicated above, the Department of Industry - Lands has advised that it is in support of the proposed issue a new ten year lease.  The Department has also given its approval to a draft lease document and requested a copy of the Trust resolution to lease.

 

Council, as Corporate Manager of various other Reserve Trusts continues to lease and license many Crown reserves for numerous activities which support and enrich needs of the community.

 

It is anticipated the newly formulated Leasing and Licencing Policy for Community Organisations will be forthcoming to the Council for consideration within the next 3 months.

Implementation Date / Priority:

Negotiations for this new lease have been ongoing for some time.  In line with these negotiations the proposed new lease will commence on 1 July 2016.

Conclusion:

It is considered reasonable to enable the lessee to continue leasing the land and therefore providing the service of a preschool for a further period of ten years.  The passing of the recommendation as proposed by this report will facilitate this action.