Coffs Harbour City Council

01 March 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 March 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 March 2017

Order of Business  

General Manager's Reports

GM17/01         2017 National General Assembly of Local Government -Call for Motions.................................................................................................................... 4

Directorate Reports - Business Services

BS17/08          Monthly Financial Performance Report for the month ended 31 January 2017......................................................................................................... 17

Directorate Reports - Sustainable Communities

SC17/09          Development Application No. 0357/16 – Tree Removal and Earthworks and Construction of Service Station and Takeaway Food and Drink Premises, Signage, Roadworks and Car Park - Lot 3 DP 1037158, Lot 206 DP 1206854, Pacific Highway, Coffs Harbour (South)............................... 35

SC17/10          Deferred Areas from Coffs Harbour Local Environmental Plan 2013 - Hearnes Lake/Sandy Beach, Emerald Beach, Moonee Beach and Sapphire Beach Areas:  Post Exhibition...................................................................... 48

SC17/11          JRPP – Assessment Report For Development Application No 871/15 – Lot 54 DP 1199012, Airport Drive, Coffs Harbour......................................... 48

Directorate Reports - Sustainable Infrastructure

SI17/04           Traffic Committee No. 1/2017......................................................................... 48

Trust Reports

T17/06             TRUST REPORT - Coffs Coast State Park Trust - Relocation of Marine Rescue Woolgoolga to Arrawarra Headland Facility - Progress Report.................................................................................................................... 48   


Ordinary Council Meeting Agenda                                                            9 March 2017

GM17/01      2017 National General Assembly of Local Government -Call for Motions

Author:                        General Manager

Authoriser:                  General Manager

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

Attachments:              ATT1  GM17/01  2017 National General Assembly of Local Government - Call for Motions  

 

Executive Summary

A report advising that conference motions to be considered at the next National General Assembly (NGA) of Local Government are to be matters of policy significance to local government nationally and are to be submitted to the Australian Local Government Association (ALGA) by 21 April 2017.

 

Recommendation:

That:

1.       Councillors submit any motions in line with the Australia Local Government Association Discussion Paper to the General Manager by Friday, 10 March 2017.

2.       That a separate report of any motions received, be submitted for the Council Meeting of 23 March 2017.

 

Report

Description of Item:

The 2017 National General Assembly of Local Government will be held at the National Convention Centre in Canberra on the 18-21 June 2017.

 

As the major event on the annual local government events calendar, the NGA typically attracts more than 800 mayors, councillors and senior officers from Councils across Australia.  The NGA is an opportunity for Council to contribute to the development of national local government policy and receive updates on the top policy issues facing local government nationally.

 

The ALGA Board is calling for motions for the 2017 NGA under this year’s theme “Building Tomorrow’s Communities”

 

To be eligible for inclusion in the NGA Business Papers, motions must follow the principles as listed below:

 

1.   Be relevant to the work of local government nationally;

2.   Be consistent with the themes of the NGA;

3.   Complement or build on the policy objectives of state and territory local government associations;

4.   Be from a Council which is a financial member of their state or territory local government associations;

5.   Propose a clear action and outcome, and;

6.   Not be advanced on behalf of external third parties, which may seek to use the NGA to apply pressure to Board members, to gain national political exposure for positions that are not directly relevant to the work of, or in the national interests of, the local government sector.

 

To assist Councils in preparing motions, a Discussion Paper has been prepared and is provided as an attachment to this report.

 

The ALGA seeks all conference motions no later than 11.59pm on Friday 21 April 2017.

Issues:

Council representatives have in the past, attended the NGA Conference.

 

As conference motions are due on 21 April 2017, Councillors should give consideration to any matter they wish to raise with a view to submitting any proposed NGA Motions as a Notice of Motion for Council’s consideration at its meeting of 23 March 2017 at the latest.  This means that any Notices of Motion in respect of this matter will need to be with the General Manager by close of business on Friday 10 March 2017.

Options:

The options will be considered within the report provided for any notices of motion that are lodged.

Sustainability Assessment:

•     Environment

Issues dealing with the environment are a regular feature on the agenda of the conference.  The annual conference debates changes to policy and strategy.

•     Social

Social issues are also debated and policy and strategy adopted.  Councillors attending are able to network socially with their colleagues from Councils across the nation and interchange ideas and best practice.

•     Civic Leadership

The submission of motions to the ALGA NGA is a way in which council is able to pursue civic leadership on behalf of its community.

•     Economic – Broader Economic Implications

There are no economic implications associated with this report.

•     Economic - Delivery Program/Operational Plan Implications

There are no Delivery Program or Operational Plan implications.

Risk Analysis:

Risk analysis may need to be applied to the context of any motions submitted for the consideration of council.

Consultation:

Council has submitted motions to previous ALGA National General Assembly’s.

Related Policy, Precedents and / or Statutory Requirements:

Council considers the need for conference motions each year.

Implementation Date / Priority:

Any proposed motions for the 2017 ALGA NGA will need to be submitted to the General Manager by close of business Friday, 10 March 2017, to enable the timeframes set by ALGA to be achieved.

Conclusion:

There is no compulsion on Council or Councillors to submit motions to the ALGA NGA.  However, should Councillors wish to pursue the submission of motions, the timeframes set out in this report will need to be adhered to.

 


Ordinary Council Meeting Agenda                                                              9 March 2017

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Ordinary Council Meeting Agenda                                                            9 March 2017

BS17/08       Monthly Financial Performance Report for the month ended 31 January 2017

Author:                        Section Leader Financial Planning

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS17/08   Monthly Financial Performance Report for January 2017  

 

Executive Summary

This report presents the monthly financial performance report for 31 January 2017.  The 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.  It also provides the consolidated financial position as at 31 January 2017.

 

 

Recommendation:

That Council:

1.       Note the monthly financial performance report for 31 January 2017.

2.       Note the the following Consolidated Income Statement.

 

CONSOLIDATED INCOME STATEMENT as at 31 January 2017:

2016/17 Original Budget 

2016/17 Revised Budget  

2016/17 Actuals  

Recurrent Revenue

‘000s

‘000s

‘000s

Rates & Annual Charges

$86,781

$86,785

$87,359

User Charges & Fees

$33,104

$28,457

$14,888

Interest & Investment Revenue

$5,700

  $5,828

$1,736

Other Revenues

$8,152

$13,428

$8,265

Grants & Contributions provided for Operating Purposes

$20,924

$21,915

$8,442

 

 

 

 

RECURRENT REVENUE

$154,661

$156,413

$120,690

 

 

 

 

Recurrent Expenditure

 

 

 

Employee Benefits & Oncosts

$37,814

$37,886

$26,826

Borrowing Costs

$11,498

$11,498

$6,742

Materials & Contracts

$54,123

$59,001

$20,653

Depreciation & Amortisation

$44,767

$44,767

$26,114

 

 

 

 

2016/17 Original Budget 

2016/17 Revised Budget  

2016/17 Actuals  

Other Expenses

$12,236

$12,385

$4,366

 

 

 

 

RECURRENT EXPENDITURE

$160,438

$165,537

$84,701

 

 

 

 

NET OPERATING (DEFICIT)

($5,777)

  ($9,124)

$35,989

 

 

 

 

Capital Revenue

 

 

 

Capital Grants, Subsidies, Contributions and Donations

$24,317

$31,924

$7,281

 

 

 

 

CAPITAL REVENUE

$24,317

$31,924

$7,281

 

 

 

 

NET SURPLUS

$18,540

$22,800

$43,270

 

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 January 2017.  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 31 January 2017:

 

2016/17 Original Budget 

2016/17 Revised Budget  

2016/17 Actuals  

Recurrent Revenue

‘000s

‘000s

‘000s

Rates & Annual Charges

$86,781

$86,785

$87,359

User Charges & Fees

$33,104

$28,457

$14,888

Interest & Investment Revenue

$5,700

  $5,828

$1,736

Other Revenues

$8,152

$13,428

$8,265

Grants & Contributions provided for Operating Purposes

$20,924

$21,915

$8,442

 

 

 

 

RECURRENT REVENUE

$154,661

$156,413

$120,690

 

 

 

 

Recurrent Expenditure

 

 

 

Employee Benefits & Oncosts

$37,814

$37,886

$26,826

Borrowing Costs

$11,498

$11,498

$6,742

Materials & Contracts

$54,123

$59,001

$20,653

Depreciation & Amortisation

$44,767

$44,767

$26,114

 

 

 

 

2016/17 Original Budget 

2016/17 Revised Budget  

2016/17 Actuals  

Other Expenses

$12,236

$12,385

$4,366

 

 

 

 

RECURRENT EXPENDITURE

$160,438

$165,537

$84,701

 

 

 

 

NET OPERATING (DEFICIT)

($5,777)

  ($9,124)

$35,989

 

 

 

 

Capital Revenue

 

 

 

Capital Grants, Subsidies, Contributions and Donations

$24,317

$31,924

$7,281

 

 

 

 

CAPITAL REVENUE

$24,317

$31,924

$7,281

 

 

 

 

NET SURPLUS

$18,540

$22,800

$43,270


 

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:

An options analysis is not provided as this report is provided for noting only.

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 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 $35.989 million with the surplus after capital grants estimated to be $43.27 million as at 31 January 2017.

Risk Analysis:

Not applicable

Consultation:

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

 

Related Policy, Precedents and / or Statutory Requirements:

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

Implementation Date / Priority:

Not applicable.

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. 

 


Ordinary Council Meeting Agenda                                                              9 March 2017

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Ordinary Council Meeting Agenda                                                            9 March 2017

SC17/09       Development Application No. 0357/16 – Tree Removal and Earthworks and Construction of Service Station and Takeaway Food and Drink Premises, Signage, Roadworks and Car Park - Lot 3 DP 1037158, Lot 206 DP 1206854, Pacific Highway, Coffs Harbour (South)

Author:                        Development Assessment Coordinator

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC17/09   Development Application 0357/16 - Section 79C

ATT2  SC17/09   Development Application 0357/16 - Plans

ATT3  SC17/09   Development Application 0357/16 - Draft Conditions

ATT4  SC17/09   CONFIDENTIAL          Development Application 0357/16 - Submissions

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

 

Executive Summary

The purpose of this report is to present Development Application No. 0357/16 for Council’s consideration, which is an application for a new service station and ancillary convenience shop and take away food and drink premises serviced by a drive-through.

The development proposes a variation to the height standard specified under Coffs Harbour Local Environmental Plan 2013 for an advertising structure.

Accordingly, this matter is reported to Council for determination as the proposal incorporates a variation greater than 10% to the specified height standard.

 

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. 0357/16 for tree removal and earthworks and construction of service station and take away food and drink premises, signage roadworks and carpark, at Lot 3 DP 1037158, Lot 206 DP 1206854, Pacific Highway, Coffs Harbour (South).

3.       Advise persons who made a submission on Development Application No. 0357/16 of Council’s decision.

 

Report

Description of Item:

The development site is vacant land with frontage to the Pacific Highway and Stadium Drive. The proposal involves:

·    Minor site works including removal of several trees and earthworks to fill and raise the site to Councils flood planning level.

·    Construction of a new driveway access to the Pacific Highway to enable southbound traffic access to the site and a new driveway to Stadium Drive, which will also provide a combined access to the adjoining playing fields and carpark.

The new driveway to the Pacific Highway will require approval from the RMS and will also traverse Council owned land. A legal arrangement (by easement or acquisition of the land) will be necessary between the Proponent and Council to facilitate the access.  It is therefore recommended that a deferred commencement consent be issued conditional on access arrangements being agreed to, before the consent becomes operational.

·    Construction of a second lane between the Stadium Drive access and the entrance to the roundabout on the Pacific Highway.

·    Construction of a service station, canopy, fuel storage and stormwater detention system, car park and ancillary convenience shop and take away food and drink premises serviced by a drive-through. The development will be operational 24 hour 7 days per week.

·    Installation of advertising signage at both driveway entrances.

The following locality plan illustrates the existing development site and zoning under Coffs Harbour Local Environmental Plan 2013.

A plan of the proposed development is included in this report as Attachment 2.

Issues:

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

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

-      Significant public interest and community input;

-      Substantial non-compliance with relevant strategic controls;

-      Significant land use;

-      Major environmental issue(s);

This application proposes a variation to the height of buildings development standard specified in Coffs Harbour Local Environmental Plan 2013.  The proposed 11m high freestanding advertising sign will exceed the 8.5m height control applying to the site.

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

It should be noted that the proposed development is dependent on agreement between the Proponent and Council concerning access arrangements involving Council owned land.

It is noted that a previous offer was made by the Proponent to acquire an easement over this Council land for the new driveway. The matter was reported to Council at its Ordinary Meeting on 11 February 2016 with a recommendation that Council accept the Proponents offer and proceed with the creation of the required easement. Notwithstanding, Council did not accept the offer.

In terms of Council's statutory obligations under s79C of the Environmental Planning and Assessment Act 1979, the assessment of the application is independent of any access arrangements between the Proponent and Council.  Accordingly, the tenure issues associated with these access arrangements are not a matter for consideration for Council's merit assessment of the development application.  It is also noted that should Council issue a deferred commencement consent, a future report will need to be considered by Council looking at any land tenure arrangements.

The Development Application is recommended for conditional approval.

Options:

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

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

Sustainability Assessment:

•     Environment

The land is vacant grassland which is regularly slashed and maintained. The environmental impacts of clearing the site and earthworks to raise the site to the required  flood planning level are considered minor and acceptable.

The development will include an integrated stormwater management design with SPEL tank and bioretention basins. The immediate area under the fuel dispensing canopy and refueling area will be connected to the underground SPEL tank.

•     Social

The development proposal will result in a new service station, ancillary convenience shop and takeaway food and drink premises. The development will generate significant employment opportunities in the construction and operational phase of the development.  The development will also assist in supporting other commercial and tourist industries.

•     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 addition of a new service station and take away food and drink premises will offer greater choice and opportunity for consumers.  It is considered that the high visibility and accessible location of the land is ideally suited for its intended use. The development of the land may provide further incentive for other compatible commercial developments within the B6 Enterprise Corridor Zone.

•     Economic - Delivery Program/Operational Plan Implications

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

Risk Analysis:

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

Consultation:

The application was referred to internal Council departments and external government agencies and comments were received as follows:

·    Internal Consultation

Comments were received from Councils Sustainable Communities, Sustainable Infrastructure and Business Services Sections in relation to environmental and engineering standards and developer contributions and it was considered that the development was acceptable, subject to standard conditions.

·    Statutory Consultation

Comments were received from RMS in relation to the new driveway access to the Pacific Highway. The RMS have indicated in principle support for the design and location of the new access to the Pacific Highway subject to the submission and approval of formal documentation.

The application was publicly advertised and notified to adjoining landowners between 19 November and 18 December 2015. A total of five (5) submissions were received during the public exhibition period.

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

Related Policy, Precedents and / or Statutory Requirements:

·    Mid North Coast Regional Strategy

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

·    Statutory Planning Controls

The statutory instruments relevant to the development include the following:

-      State Environmental Planning Policy No. 33 – Hazardous and Offensive Development;

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

-      State Environmental Planning Policy No. 64 – Remediation of Land;

-      State Environmental Planning Policy No.71 – Coastal Protection;

-      Coffs Harbour Local Environmental Plan 2013.

-      Coffs Harbour Development Control Plan 2015.

Each of these statutory instruments is considered in detail 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. A formal notice of determination is valid for five years and the applicant can act on the development consent at any time within that period, subject to meeting any relevant conditions of the consent.

Conclusion:

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

 


Ordinary Council Meeting Agenda                                                              9 March 2017

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Ordinary Council Meeting Agenda                                                                                      9 March 2017

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Ordinary Council Meeting Agenda                                                              9 March 2017

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Ordinary Council Meeting Agenda                                                            9 March 2017

SC17/10       Deferred Areas from Coffs Harbour Local Environmental Plan 2013 - Hearnes Lake/Sandy Beach, Emerald Beach, Moonee Beach and Sapphire Beach Areas:  Post Exhibition

Author:                        Senior Planner / Urban Designer

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC17/10   Planning Proposal: Deferred Areas from Coffs Harbour Local Environmental Plan 2013 - Hearnes Lake/Sandy Beach, Emerald Beach, Moonee Beach and Sapphire Beach Areas

ATT2  SC17/10   Proposed Amendments to Coffs Harbour Development Control Plan 2015 Chapters G6 and G13

ATT3  SC17/10   Summary of Government Agency Submissions

ATT4  SC17/10   Government Agency Submissions

ATT5  SC17/10   Summary of Community Submissions

ATT6  SC17/10   CONFIDENTIAL          Community Submissions 

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

 

Executive Summary

This report relates to lands which were deferred from Coffs Harbour Local Environmental Plan (LEP) 2013, located at Hearnes Lake/Sandy Beach, Emerald Beach, Moonee Beach and Sapphire Beach. These lands are referred to throughout this report as the “Deferred Areas”.

 

The report provides Council with the outcome of the exhibition and consultation process associated with a Planning Proposal for the Deferred Areas (PP_2015_COFFS_004_00) (Attachment 1) and proposed corresponding amendments to Coffs Harbour Development Control Plan (DCP) 2015 Chapters G6 and G13 (Attachment 2). The report discusses issues raised in Government agency and community submissions as required by the NSW Department of Planning and Environment’s (P&E) Gateway Determination. These submissions have been both summarised and provided in full (Attachments 3 to 6).  

 

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

 

The report recommends that Council adopt the revised Planning Proposal (as an amendment to Coffs Harbour LEP 2013) and proposed amendments to Coffs Harbour DCP 2015 Chapters G6 and G13 and proceed to request the Minister of Planning to make the plan. It also recommends that submission makers and landowners in the Deferred Areas localities are notified.

 

 

Recommendation:

That Council:

1.   Adopt Planning Proposal PP_2015_COFFS_004_00 for the Deferred Areas of Hearnes Lake/Sandy Beach, Emerald Beach, Moonee Beach and Sapphire Beach Areas: Version 3 – Post Exhibition (Attachment 1).

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

3.   Adopt Coffs Harbour Development Control Plan 2015 Chapters G6 and G13 (Attachment 2), which will come into force upon the amendment of Coffs Harbour Local Environmental Plan 2013 consistent with Planning Proposal PP_2015_COFFS_004_00. 

4.   Inform parties who made submissions to the exhibition and landowners in the Deferred Areas of Hearnes Lake/Sandy Beach, Emerald Beach, Moonee Beach and Sapphire Beach of Council’s resolutions.

 

Report

Description of Item:

Coffs Harbour LEP 2013 was considered by Council at its Ordinary Meeting of 13 December 2012.  At that meeting, Council resolved that:

 

1.   Council adopt the Coffs Harbour Local Environmental Plan 2013.

2.   Council recommend to the Minister for Planning and Infrastructure to defer those lands identified on Map 1 (Hearnes Lake/Sandy Beach and Emerald Beach) and Map 2 (Moonee) from Coffs Harbour Local Environmental Plan 2013.

3.   A further report be presented to Council early in 2013 which outlines appropriate environmental investigations (including details on the time frame, method and anticipated cost) for the deferred areas which will help to inform and enable a Planning Proposal to be progressed to establish the final zone configuration.

4.   In accordance with Section 68 of the Environmental Planning and Assessment Act 1979, Coffs Harbour Local Environmental Plan 2013 be submitted to the Department of Planning and Infrastructure for gazettal.

5.   Council adopt the Coffs Harbour Development Control Plan 2013 and that it is to be implemented and enforced upon the making of the Coffs Harbour Local Environmental Plan 2013.

6.   Council confirms the Moonee Beach Development Control Plan and Hearnes Lake /Sandy Beach Development Control Plan continue to apply to those deferred lands from Coffs Harbour Local Environmental Plan 2013.

7.   Council notes the report on submissions to draft Coffs Harbour Local Environmental Plan 2012 and draft Coffs Harbour Development Control Plan 2012 as detailed in Attachment 1.

8.   Parties who made a submission to the draft Coffs Harbour Local Environmental Plan 2012 and draft Coffs Harbour Development Control Plan 2012 exhibition be informed of Council’s decision in writing.

 

The location of the Deferred Areas as discussed in item number 2 of that resolution is shown on Figure 1.  Council’s decision to defer these lands was as a result of representations received from land owners during the exhibition of draft Coffs Harbour LEP 2013. It was argued that the proposed land use zones recommended in the draft plan were created without undertaking new comprehensive environmental studies for the lands.  The previous environmental work for these lands took place a considerable period of time ago.

 

As a result, it was considered that the most appropriate method to determine the potential use of the land was to defer the subject lands from draft Coffs Harbour LEP 2013 until such time as fresh environmental investigations were completed. Once completed, the investigations could be used to inform a Planning Proposal (PP) to the NSW Department of Planning and Environment (P&E).  In the interim, those Deferred Areas as identified on Figure 1 remain subject to the provisions of Coffs Harbour City LEP 2000 and associated DCPs.

 

Figure 1: Location of Areas Deferred from Coffs Harbour LEP 2013 – the “Deferred Areas”

 

On 27 March 2013, Council considered a report on how the subject environmental investigations and associated planning documents would be funded and undertaken for the lands deferred from Coffs Harbour LEP 2013.  At that meeting, Council resolved:

 

1.   That Council reallocates surplus funds totalling $100,000 from the Planning Proposal for the Bonville Rural Residential Area in the 2012/13 Operational Plan (giving a total funding allocation of $150,000) to the local environmental study and associated planning documents for the deferred areas from draft Coffs Harbour Local Environmental Plan 2013 of Hearnes Lake/Sandy Beach, Emerald Beach and Moonee Beach.

 

2.   That Council endorse the attached study brief for the preparation of local environmental study and associated planning documents for the deferred areas from draft Coffs Harbour Local Environmental Plan 2013 of Hearnes Lake/Sandy Beach, Emerald Beach and Moonee Beach.

 

Subsequently, Council further resolved at its meeting of 27 June 2013, to engage consultants to prepare the following documents:

·      environmental study and associated PP;

·      updated DCP Chapters for Hearnes Lake/Sandy Beach and Moonee Beach and Sapphire Beach areas and a new DCP Chapter for the Emerald Beach investigation area; and

·      updated Section 94 Developer Contributions Plans for the Hearnes Lake/Sandy Beach and Moonee Beach areas.

 

Upon completion of these documents, they were reported to Council on 26 March 2015 at which time the following was resolved:

1.   That Council endorse and forward the subject Planning Proposal to NSW Planning and Environment seeking a ‘Gateway Determination’ for the rezoning of the Deferred Areas of Hearnes Lake/Sandy Beach, Emerald Beach and Moonee Beach areas as shown in Attachment 2 to this report.

 

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

 

3.   That subject to the ‘Gateway Determination’ from NSW Planning and Environment, Council place the draft Coffs Harbour Development Control Plan (Component G7 and G14) (Attachment 3 to this report) on public exhibition.

 

4.   That subject to the ‘Gateway Determination’ from NSW Planning and Environment, Council place the draft Developer Contributions Plans (Attachment 4) on public exhibition.

 

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

 

6.   That landowners in the Deferred Areas of Hearnes Lake/Sandy Beach, Emerald Beach and Moonee Beach areas be informed of Council’s decision.

 

This current report addresses resolution item 5 above. The PP was referred to NSW P&E on 14 April 2015. NSW P&E issued a Gateway Determination on 24 July 2015 permitting the public exhibition of the PP for the Deferred Lands, subject to conditions. An extension to the Gateway Determination has been sought by Council, as a result of lengthy negotiations with key stakeholders, to allow time to complete the LEP Amendment.

Under the terms of the Gateway Determination issued on 24 July 2015, Council was not given authorisation by NSW P&E to exercise its delegation to make the subsequent amendment to Coffs Harbour Local Environmental Plan (LEP) 2013. As a result, Council must request that the Minister for Planning make the LEP Amendment, rather than Council acting as the delegated authority to undertake this action.

Figures 2 and 3 identify the existing zones applicable to the Deferred Areas which are currently subject to the provisions of Coffs Harbour City Local Environmental Plan 2000. Much of the Deferred Areas is already zoned, developed or approved via a development consent for residential development.

Figure 2: Existing Zones in Hearnes Lake/Sandy Beach and Emerald Beach localities of the Deferred Areas

 

Figure 3: Existing Zones in Moonee Beach and Sapphire Beach localities of the Deferred Areas

Issues:

·      Rationale for Proposed Zones and Updates to the Land Zoning Map (LZN)

 

As previously noted, much of the Deferred Areas is already zoned, developed or approved via a development consent for residential development. The zones recommended by the PP are the result of a number of factors being taken into consideration.  These include:

 

·    the findings of the environmental study (prepared by consultants in 2015);

·    environmental constraints identified from previous studies;

·    development approvals issued by Council or former Part 3A approvals under the EP&A Act 1979 issued by the NSW P&E;

·    the zoning provisions of the site under LEP 2000;

·    draft LEP amendments 24 and 29 under LEP 2000;

·    the recommended zonings as exhibited under the then draft LEP 2012 (now Coffs Harbour LEP 2013);

·    strategic documents prepared by Council and State Government agencies;

·    extensive consultation with Council staff, State agencies and key stakeholders;

·    future population and land supply issues in the Coffs Harbour LGA; and

·    submissions received during the public exhibition of the PP.

 

The final layout of proposed zones for the Deferred Areas is shown in Figures 4 and 5. These zones are proposed to be updated on the Land Zoning Map (LZN) of Coffs Harbour LEP 2013 and as included in the updated PP (Attachment 1).

Figure 4: Proposed Zones in Hearnes Lake/Sandy Beach and Emerald Beach localities of the Deferred Areas PP

 

 

Figure 5: Proposed Zones in Moonee Beach and Sapphire Beach localities within the Deferred Areas PP

 

·      Additional Attribute Map Updates

 

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

 

  Land Application Map (LAP);

  Lot Size Map (LSZ);

  Height of Buildings Map (HOB);

  Terrestrial Biodiversity, Riparian Lands and Watercourse Map (CL2).

  Additional Permitted Uses Map (APU); and

  Key Sites Map.

 

Due to a significant portion of lands within West Moonee having biodiversity value, the inclusion of a terrestrial biodiversity layer in the LEP is considered appropriate. This layer will provide greater clarity to proponents of development and protect these sensitive areas. As a result of these biodiversity values, a 600m2 minimum lot size is proposed in the West Moonee locality of the Deferred Areas LEP, with the building height remaining at 8.5m. 

 

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

 

·      Development Control Plan Amendments

 

It is necessary to update Coffs Harbour Development Control Plan (DCP) 2015 to reflect the changes proposed within the Deferred Areas PP. The proposed DCP Chapters have been finalised to reflect the format of Coffs Harbour DCP 2015.  The majority of the current controls under the Moonee Release Area DCP and Hearnes Lake DCP (as per provisions under Coffs Harbour City LEP 2000) have been included where relevant (Attachment 2, Chapter G6).

 

Separate controls have been developed for West Moonee (Attachment 2, Chapter G13), due to the amount of constrained land in the area and the potential for land use conflicts.  These include access (there is a need to rationalize access points along Old Bucca Road), ecology, water quality, adjoining agricultural pursuits to the south and flooding.

 

A new section on land dedication has been included in each of the DCP Chapters (Attachment 2) to protect land of high conservation value which is of significant public benefit.  This could be undertaken via a voluntary planning agreement or other suitable arrangement.

 

·      Developer Contributions Plans

 

The existing Developer CPs for Moonee/Sapphire Beach and Hearnes Lake/Sandy Beach localities take into consideration any funding shortfalls, future development potential of the localities and works already completed by the RMS as part of the Sapphire to Woolgoolga Pacific Highway upgrade. These have been previously adopted by Council on 23 October 2014 and came into effect on 29 October 2014. The CPs can be viewed on Council’s website and the rates are below the State cap of $30,000. There is no need to modify the existing CPs as a result of this PP.

 

All lands within the Deferred Areas have the capacity to be serviced for water and sewerage although it may be more costly in some areas than others e.g. West Moonee. The onus is on the developer/land owner to make provision for infrastructure in accordance with the relevant Developer Contributions Plan.

 

A collector road was previously proposed from North Sapphire through to Moonee Beach Road parallel to the Pacific Highway. The Highway upgrade works have resulted in a service road (Solitary Islands Way) being constructed on the western side of the Pacific Highway that now predominantly serves the function of providing a local road connection between Moonee and Sapphire. Whilst the eastern collector road would have served as a more direct route, when taking into account the cost (a minimum $3.2 million), the environmental issues associated with the eastern road traversing the South Moonee Forest together with the maintenance costs associated with both this eastern service road as well as the western service road, it is considered unnecessary to construct this eastern collector road. Further, it would be a duplication of existing access arrangements. A cycleway is considered more appropriate in this location as it will provide pedestrian/cycleway links between North Sapphire and Moonee Beach. Provision for the construction of the subject cycleway has been made in the Developer Contributions Plan (CP).

 

A pedestrian/cycleway bridge over the Highway was previously proposed, however, the Sapphire to Woolgoolga upgrade has addressed this issue and therefore the proposed bridge is no longer required.

 

·      Government and Agency Submissions

 

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

 

1.   NSW Rural Fire Service (RFS)

 

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

 

2.   NSW Department of Primary Industries (DPI Water)

 

NSW DPI Water listed riparian management (ie impacts on watercourses and wetlands), impacts on groundwater as a result of future developments, stormwater management, impacts of flooding, and the provision for reticulated water and sewer as areas of most concern in their submission. While a number of the issues raised can be addressed at the development application stage by the provisions of Coffs Harbour DCP 2015 and relevant referrals to Government agencies, amendments to the PP to incorporate relevant buffers to creeks, wetlands, littoral rainforests and the Hearnes Lake ICOLL (ie Intermittently Closed and Open Lakes and/or Lagoons) are considered appropriate. Further, the PP has been amended to include a terrestrial biodiversity overlay on third order streams in parts of West and East Moonee and the southern edge of the Hearnes Lake precinct to provide greater certainty to proponents of development.

 

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

 

Consultation with the Coffs Harbour and District LALC was a requirement of the Gateway Determination and any objection lodged by this organisation had to be resolved before the PP could proceed to Council for adoption. Objections to the PP were lodged by LALC on 25 January 2016 and 28 March 2016. The nature of these objections was based on the lack of consultation with the LALC during the preparation of the PP and the cultural heritage component of the environmental study being deficient in its assessment of both the tangible and intangible cultural heritage values. After considerable negotiations, the LALC withdrew their objections to the PP on 15 November 2016 subject to all future development applications for undeveloped sites in the Deferred Areas being referred to the LALC for comment.

 

4.   NSW Department of Primary Industries (NSW DPI)

 

NSW DPI expressed concern over potential conflicts between residential land uses and agricultural practices in West Moonee and the need to accommodate the expansion of the blueberry industry. These issues are considered to be of a bigger strategic nature and can be addressed during the preparation of the Rural Lands Strategy or during the development assessment process via referral to NSW DPI. As a result, no changes were made to the PP following consultation with NSW DPI.

 

5.   NSW Roads and Maritime Services (RMS)

 

The RMS initially lodged an objection to the PP on 24 November 2015. However, this was withdrawn on 21 January 2016 based on additional information Council provided to the RMS. As a result, no change was made to the PP as a result of consultation with the RMS. It may be necessary to refer future development applications to the RMS when required, as per the development assessment process.

 

6.   NSW Department of Primary Industries (DPI Fisheries)

 

The main area of concern for NSW DPI Fisheries as a result of the PP is the concern around protection of waterways within the Solitary Islands Marine Park. This matter has been addressed by amending the PP to increase buffers to creeks and other waterways where appropriate throughout the Deferred Areas. In addition, a terrestrial biodiversity overlay has been introduced into the PP which will apply to constrained land and third order streams in parts of West and East Moonee and the southern edge of the Hearnes Lake precinct to provide greater certainty to developers.

 

7.   NSW Office of Environment and Heritage (OEH)

 

Key concerns expressed by NSW OEH relate to buffers (between bushfire prone areas and residential areas, to creeks/waterways, adjoining SEPP 14 Wetlands and SEPP 26 Littoral Rainforest), anomalies between the ecological report and PP, the need to clarify the influence of Part 3A determinations on the outcomes of the PP, further scrutiny of coastal hazard risks, the need for a cultural heritage assessment report and an acid sulfate soils study.

 

The majority of concerns raised by NSW OEH can be addressed by the current provisions of Coffs Harbour LEP 2013, Coffs Harbour Development Control Plan 2015 and any relevant State Environmental Planning Policies (SEPPs). Issues concerning Aboriginal cultural heritage have been addressed by Council in consultation with Coffs Harbour and District LALC as previously outlined in this report. A number of changes have been made to the PP as a result of consultation with the OEH including amendments to buffers to creeks/waterways, zoning anomalies and better protection of high conservation areas.

 

·      Results of Community Consultation

 

The Deferred Areas PP was placed on public exhibition for the period from 21 October 2015 to 18 November 2015. Council received a total of 222 submissions from the community during this period. A brief outline of the submissions received from the community is provided below with a more comprehensive summary of submissions provided in Attachment 5 and Attachment 6 (Confidential) to this report. In summary, the submissions outlined the following matters:

 

  Objecting to the zones applied on Lot 22 DP 1070182 & Lots 497 & 498 DP 227298, Pacific Highway & Pine Crescent, Sandy Beach (Submissions 1-4, 6-7, 9, 214, 216, 221, 222): total of 11 submissions.

  Objecting to any residential development being allowed on Lot 62 DP 1143405, Solitary Islands Way, Emerald Beach due to significant environmental constraints, climate change impacts and other socio-economic factors. Lot 62 has been the subject of a Land and Environment Court Appeal lodged by the applicant for Council’s refusal of a 38 lot subdivision in March 2015. The ruling was handed down on 7 February 2017 upholding Council’s refusal of the development application. The recommended zone ie E2 for Lot 62 is consistent with the Court’s findings (Submissions 11-207, 214-216, 221-222): total of 202 submissions.

  Seeking minor zoning amendment - (Submission 5): 1 submission.

  Seeking minor zoning amendment – (Submissions 10 and 212): total of 2 submissions.

  Giving full support of the Planning Proposal (Submission 208): 1 submission.

  Objecting to controls in West Moonee DCP and PP (Submissions 209, 214, 216, 220, 222): total of 5 submissions.

  Seeking further consideration of Aboriginal cultural heritage significance (Submissions 210, 214, 219, 220): total of 4 submissions.

  Stating lack of adequate infrastructure ie roads, water, sewer, etc (Submissions 209, 211, 215, 220, 221): total of 5 submissions.

  Seeking additional public recreation areas (Submissions 213, 214, 220-222): total 5 submissions.

  Requesting an amendment to the proposed E2 Environmental Conservation zone (Submissions 213-216, 222): total of 5 submissions.

  Requesting an increase in buffers to creeks/waterways (Submissions 214-216, 222): total of 4 submissions.

  Stating inadequate consideration has been given to climate change impacts (Submissions 8, 215, 216, 221): total of 4 submissions.

  Stating inadequate protection of flora and fauna (Submissions 12, 214, 221, 222): total of 4 submissions.

  Stating poor consultation (Submissions 4, 211, 215, 216): total of 4 submissions.

 

It is considered that all issues raised in submissions have been assessed. The PP has been modified in response to the consultation period. It is considered that there are no outstanding issues which will preclude the progression of this Planning Proposal to NSW P&E.

Options:

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

1.   Resolve to adopt the recommendation to support the PP and forward it to NSW P&E for making (Attachment 1); along with the adoption of the DCP Chapters G6 and G13 (Attachment 2) as written.

Comment: This option provides for the development of land in the Deferred Areas to be assessed under the provisons of Coffs Harbour LEP 2013 and DCP 2015, thus providing a consistent approach to decision making throughout the Coffs Harbour Local Government Area.

2.   Resolve to adopt the PP and DCP, but with amendments to the content of this report.

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

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

Comment: This option will mean that the land within the Deferred Areas continues to be assessed under the provisions of LEP 2000 resulting in a lack of consistency in the decision making process and uncertainty for proponents of development.

This report recommends that Council pursue Option 1 as outlined.

Sustainability Assessment:

•     Environment

Environmental sustainability issues have been considered and addressed through the studies undertaken for the Deferred Areas:

 

-      Flora and fauna assessment;

-      Acid sulfate soils analysis;

-      Geotechnical assessment;

-      Bushfire hazard management;

-      Flood prone land assessment;

-      Stormwater and water quality management;

-      Groundwater, soils and geology analysis;

-      Visual and acoustic analysis;

-      Contaminated land assessment; and

-      Aboriginal archaeology and European Heritage analysis.

•     Social

Social sustainability issues have been considered and addressed through the studies undertaken for the Deferred Areas including:

-      provision of water and sewer services;

-      provision of public open space;

-      opportunities for employment; and

-      new residential areas being located in close proximity to existing centres and services.

•     Civic Leadership

Civic leadership is demonstrated in this report by the Planning Proposal and associated DCP components addressing the following themes and objectives of Coffs Harbour 2030 Community Strategic Plan:

-      Places for Living

  We reduce our impact on the environment.

  We have designed our built environment for sustainable living.

-      Moving Around

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

-      Looking After Our Environment

  Our natural environment is protected and conserved for future generations.

  We manage and develop our resources sustainably.

•     Economic – Broader Economic Implications

The recommendations of the PP anticipate a significant increase in infrastructure provision for the Hearnes Lake/Sandy Beach and Moonee Beach areas which will be funded by developer contributions. An increase in infrastructure provision will not be required in the Sapphire Beach area because it is already mostly developed.

•     Economic - Delivery Program/Operational Plan Implications

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

Risk Analysis:

The subject revised PP and DCP controls are the result of a review of LEP and DCP controls in the Deferred Areas. Their adoption by Council will assist in reducing risk to Council in its decision making and provide better clarity and outcomes to the community in the future development of the study area.  In addition, should Council resolve to progress this PP and associated documents, it will bring the Deferred Areas in line with the provisions of Coffs Harbour LEP 2013 and Coffs Harbour DCP 2015.

Consultation:

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

·      NSW Rural Fire Service (RFS);

·      NSW Trade and Investment (Department of Primary Industries – Fisheries);

·      NSW Marine Parks Authority (now known as Department of Primary Industries – Fisheries);

·      NSW Office of Environment and Heritage (OEH);

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

·      NSW Roads and Maritime Services (RMS).

 

The Gateway Determination also stipulated that the PP be exhibited for a minimum of 28 days. It was placed on public exhibition for the period from 21 October 2015 to 18 November 2015. Council received a total of 222 submissions from the community and 7 submissions from Government agencies.

All submissions received are provided as summaries and in full (Attachments 3-6).

Related Policy, Precedents and / or Statutory Requirements:

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

·      Coffs Harbour Local Environmental Plan 2013;

·      Coffs Harbour Development Control Plan 2015;

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

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

·      Coffs Harbour Local Growth Management Strategy Business Lands Component 2010;

·      Rural Fires Act 1997;

·      Planning for Bush Fire Protection 2006;

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

·      Draft North Coast Regional Plan 2016

·      State Environmental Planning Policies (SEPPs);

·      NSW P&E Section 117 Ministerial Directions;

·      Environmental Planning and Assessment Act 1979 and Regulations;

·      Coffs Harbour 2030 Plan;

·      Coffs Harbour City Koala Plan of Management 1999.

 

The Deferred Areas PP and DCP Chapters G6 and G13 have been prepared in accordance with the EP&A Act 1979 and Regulations 2000.

Implementation Date / Priority:

The timeframe to complete a PP is established in the Gateway Determination from NSW Planning and Environment, currently 30 April 2017. An extension to the Gateway Determination is currently being sought, to allow time for the making of the LEP Amendment by the Minister. NSW P&E requires the PP to be submitted a minimum of six weeks prior to that date to allow for sufficient time for the LEP Amendment to be drafted and finalised by NSW P&E.

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

March 2017                                     Submission of the draft LEP Amendment to NSW Planning and Environment, requesting the making of the LEP Amendment by the Minister for Planning.

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

Conclusion:

This report provides Council with the outcome of the exhibition and consultation process associated with a Planning Proposal (Attachment 1) and Development Control Plan (DCP) Chapters G6 and G13 (Attachment 2) applying to the Deferred Areas from Coffs Harbour Local Environmental Plan (LEP) 2013 – Hearnes Lake/Sandy Beach, Emerald Beach, Moonee Beach and Sapphire Beach Areas (PP_2015_COFFS_004_00). The report discusses issues raised in Government agency and community submissions as required by the NSW P&E’s Gateway Determination. 

 

The LEP amendment will allow for the development of land in the Deferred Areas to be assessed under the provisons of Coffs Harbour LEP 2013 and DCP 2015, thus providing a consistent approach to decision making throughout the Coffs Harbour Local Government Area.

The report recommends that Council adopt the revised PP (as an amendment to Coffs Harbour Local Environmental Plan 2013) and DCP Chapters G6 and G13 and proceed to request the Minister of Planning to make the plan. It also recommends that submission writers and landowners within the Deferred Areas are notified.

 

 


Ordinary Council Meeting Agenda                                                              9 March 2017

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Ordinary Council Meeting Agenda                                                              9 March 2017

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Ordinary Council Meeting Agenda                                                                                      9 March 2017

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Ordinary Council Meeting Agenda                                                            9 March 2017

SC17/11       JRPP – Assessment Report For Development Application No 871/15 – Lot 54 DP 1199012, Airport Drive, Coffs Harbour

Author:                        Development Assessment Coordinator

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC17/11   JRPP Report - Development Application 0871/15DA  

 

Executive Summary

To advise that a development assessment report, prepared by an independent planning consultant (All About Planning) on behalf of Council, for Development Application 871/15 has been lodged with the Joint Regional Planning Panel (Northern Region). 

As the proposal involves ‘Council related development over $5 million’, the application is required to be determined by the Joint Regional Planning Panel (Northern Region) and not Council, in accordance with the provisions of State Environmental Planning Policy (State and Regional Development) 2011.

A copy of the development assessment report that has been provided to the Panel is appended to this report.  It is recommended that the content of this report be noted.

 

Recommendation:

That Council note the report.

 

Report

Description of Item:

The purpose of this report is to advise that a Development Application 871/15 for the development of land surrounding the Coffs Harbour Regional Airport, is scheduled for consideration by the Joint Regional Planning Panel (Northern Region) in March 2017. 

The application will be considered following Council’s meeting of the 9 March 2017.  The elected Council can provide a submission to the Panel should they wish to do so.

Issues:

·    Proposed Development

The proposed development involves demolition of redundant structures, earthworks and subdivision of the land into ninety nine (99) lots and one (1) residue lot. The development will include construction of a new intersection with Hogbin Drive, internal roads and dedication of public reserves.

The development will be constructed in several stages. The first stage will involve construction of a new intersection off Hogbin Drive, which will provide the primary vehicular  access to the subdivision.

·    Joint Regional Planning Panel Determination

Clauses 20 and 21 of State Environmental Planning Policy (State and Regional Development) 2011 specify that Council consent functions are to be exercised by regional panels for developments of a class or description included in Schedule 4A of the Environmental Planning and Assessment Act 1979.

Schedule 4A (4) ‘Council related development over $5 million’ is applicable to the development. In this instance, Council is the owner of the land on which the development is to be carried out and the capital investment value of the development  exceeds $5 million.

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

Development applications which are determined by the Joint Regional Planning Panel are lodged with Council in the normal manner.  Ordinarily, Council staff assess these applications and then provide a development assessment report with recommendations, to the Panel for determination. In this instance, Council engaged an independent planning consultant to prepare the assessment report and recommendation. 

The engagement of an independent planning consultant followed the preparation of a Probity Plan by the Council. The purpose of the probity plan was to set out the probity requirements and principles for the assessment process relating to the proposed development of the Coffs Harbour Regional Airport land.

Clause 1.3 of the Probity Plan is reproduced as follows:

The objective of the Probity Plan is to set out the probity requirements and principles for managing the Councils conflicts of interests and managing all other probity aspects of the process so as to ensure that the process is carried out in an impartial, transparent and accountable manner that upholds the fairness, and integrity of the process for the determination of the development application by the Northern JRPP.

·    Assessment Report

The Assessment Report has been prepared by an independent planning consultant engaged by Council in accordance with the terms of the Probity Plan.  The report is placed on Council's website (via a link) and the Regional Panel website prior to the Regional Panel meeting.  A copy of the Assessment Report is appended to this report.

Options:

·    The Role of the Elected Council

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

"An elected council may make a submission on a DA within their LGA that is to be determined by a planning panel up to seven days before the planning panel meeting. The applicant may consider it appropriate to provide a briefing to council prior to the council framing its submission to the panel.

After the assessment report has been forwarded to the secretariat, it may be provided to the elected council to assist in its decision as to whether it will be making a submission to the planning panel. The elected council’s submission should not be prepared by persons involved in the assessment of the application, and should be prepared by another council officer, or a consultant.

A council submission should not be specifically addressed in the assessment report or recommendations prepared by the council staff. If council makes a submission, a staff representative or individual Councillors may register to address the planning panel at the meeting to express the views of council.

Councillors who are also panel members have an independent role because they have been nominated by their council as its nominee to the planning panel."

Sustainability Assessment:

•     Environment

The purpose of this report is to advise that Development Application 871/15 is scheduled for consideration by the Joint Regional Planning Panel.  Matters relating to environmental impact associated with the proposed development are addressed in the development assessment report appended to this item.

•     Social

The purpose of this report is to advise that Development Application 871/15 is scheduled for consideration by the Joint Regional Planning Panel.  Matters relating to social impacts associated with the proposed development are addressed in the development assessment report appended to this item.

•     Civic Leadership

Council staff have undertaken their role by providing technical comments to assist the independent planning consultant in their assessment of the application.

•     Economic – Broader Economic Implications

The development of the Airport site will provide additional land and opportunities for business development.

•     Economic - Delivery Program/Operational Plan Implications

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

Risk Analysis:

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

Consultation:

The application was advertised and notified in accordance with the provisions of Council’s Development Control Plan 2013 between 9 July 2015 and 7 August 2015. Two (2) submissions were received which raised objections to the development.

The application was referred to the NSW Rural Fire Service (RFS) and NSW Department of Primary Industries for their review and comment as ‘integrated development’ and to the NSW Office of Environment & Heritage (OEH) for advice in relation to ecological issues.  The relevant Government agencies have provided their comments and conditions, which have been incorporated into the recommended conditions of consent.

Related Policy, Precedents and / or Statutory Requirements:

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

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

Implementation Date / Priority:

The Joint Regional Planning Panel has advised that Development Application 871/15 will be considered at its meeting in March 2017.

Conclusion:

This report informs the elected Council that an assessment report for Development Application 871/15 has been finalised by an Independent Planning Consultant engaged by the Council and the proposal will be considered by the Joint Regional Planning Panel.  It is appropriate that Council note the content of the report.

 


Ordinary Council Meeting Agenda                                                              9 March 2017

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Ordinary Council Meeting Agenda                                                            9 March 2017

SI17/04         Traffic Committee No. 1/2017

Author:                        Senior Engineering Designer

Authoriser:                  Acting Section Leader Project Planning & Design

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

Attachments:              ATT1  SI17/04     Minutes Traffic Committee 1-2017 held 14 February 2017

ATT2  SI17/04     Traffic Instruments  

 

Executive Summary

The Local Traffic Committee (LTC) Meeting minutes are presented to Council for approval comprising eight regulatory traffic facilities plans, four temporary road closures events and five deferred items.

 

 

Recommendation:

That Council:

T.1 - Loading Zone at 27a Walter Morris close, Coffs Harbour. 5440137 R.511200

That approval be given for a loading zone to be installed approximately 5 metres wide on the northern side of Walter Morris Close Coffs Harbour near the side entrance to the Salvation Army Family Store as per plan T.1-2017.

 

T.2 - No Parking Zone – Prince  Street side entrance to 47 Ocean Parade Coffs Harbour, Beachlander Holiday Apartments 6159388 R. 505540

That approval be given for the existing bus zone in front of No. 1 Prince Street, Coffs Harbour be extended 18m to the east, to create a 30m Bus Zone, as per plan T.2-2017

 

T.3 - North Sapphire Lane, North Sapphire Beach Estate 6213367

Request be deferred until traffic counts carried out and bought back to Traffic Committee at a later date.

T.4 – No Stopping yellow line - River Street Woolgoolga 6243667

That approval be given:

·    to install yellow line marking No Stopping zone on the eastern side of River Street Woolgoolga at both Beach Street and Hastings Street intersections.

·    To install a No right turn sign in River Street opposite Hastings Street Woolgoolga as per plan T.4 – 2017.

 

T.5 – Loading Zone / Short Term Parking – Isles Drive North Boambee Valley 5442898 R.509960

That approval be given to:

•        remove unauthorised yellow line marking fronting 3 Isles Drive North Boambee Valley

·           to linemark car parking spaces outside 3 and 5 Isles Drive, North Boambee        Valley as per plan T.5-2017.

 

 

T.6 – No Right Turn cnr Loaders Lane and Coramba Road Coffs Harbour  5472447 R503160, R50012

That approval be given for the proposed no right turn from Loaders lane at Coramba Road intersection and associated  line marking and signage  be approved as per submitted for DA 0858/11

 

T.7 – No Parking – North Boambee Road/Highlander Drive North Boambee Valley (NBV) 6201665 R.500270

That approval be given for a No Parking zone to be installed on North Boambee Road for approximately 50m west of Highlander Drive, North Boambee Valley as per plan T.7-2017.

T.8 – Parking Issues - Hi Tech Drive Coffs Harbour 6238745 R.501670

Deferred pending further information.

 

T.9 – Traffic/Parking Issues  - Kidd Lane Sawtell 5492101 R.501550

 

Deferred until further information gained following consultation with Sawtell Chamber of Commerce.

 

T.10 - Curacoa Street/ Coff Street Coffs Harbour - Traffic Issues 5538707 R.504200, R.504300

That approval be given to install a 24m No Stopping zone on the east side of Curacoa Street, Coffs Harbour fronting No 29 as per plan T.10-2017.

 

T.11 – 40k zone – Fiddaman Road Emerald Beach 6231874 R.507240

 

Deferred: Council to apply to RMS for a 40 km High Pedestrian Activity Zone for the Commercial Centre section of Fiddaman Road Emerald Beach (i.e. from Fishermans Drive to 210m east to the Beach reserve).

T.12 - Beach Street, Woolgoolga - Temporary Road Closure - Anzac Day R.500270/1618

That a five (5) year approval be given for the temporary road closure of Beach Street, Woolgoolga, between Nightingale Street and Short Street Woolgoolga, for the Woolgoolga Anzac Day March to be held on the 25 April each year from 2017 to 2022, between the hours of 10.40am and 11.15am. The approval is subject to the following conditions:

1.  The road closure is advertised at least one week before the event. 

2.   The organisers be responsible for erection of traffic barriers and control of traffic using accredited traffic controllers.

3.   The organisers be responsible for all costs associated with the temporary closure.

4.   Copy of a current insurance Certificate of Currency of the applicants Public Liability Insurance for a minimum insured amount of $20 million and noting the Coffs Harbour City Council as an interested party for the event be submitted by the first Monday in April each year.

5.   Copy of NSW Police approval be submitted by the first Monday in April each year.

6.   A current risk management plan and Traffic Control Plan to be submitted by the first Monday in April each year.

 

a.   Traffic Control Plans to include a map indicating any alternative routes required for traffic detours. 

b.   Traffic Control Plans to be drawn to scale and indicate the provision of passageways and clearances for pedestrian and emergency access.  Plans should be prepared in accordance with Roads & Maritime Services Guide to Traffic Control at Worksites by accredited persons

c.   All signage erected for the event should not cause a hazard for motorists or pedestrians and be removed immediately following the completion of the event

d.   Conformance with approved Traffic Management Plan and associated Traffic Control Plans which shall be implemented and controlled by Roads & Maritime Services accredited persons

 

7.   Consultation with emergency services (Fire & Ambulance) and any identified issues addressed in a timely manner

8.   Consultation with bus and taxi operators and arrangements made for provision of services during conduct of the event

9.   Community and affected business consultation including adequate response/action to any raised concerns

10. Arrangements made for private property access and egress affected by the event

11. The event organiser notifies local community of the impact of the event by advertising in the Coffs Coast Advocate a minimum of one week prior to the operational impacts taking effect. The advertising must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints

12. That the applicant organise for the events to be listed on council's web page

 

The five year approval only applies if there are no significant changes to the traffic management plan. If there are any changes in the route or event during the approval period (i.e. 2017 – 2022) event organisers must contact Council, three months prior to the event with details of the revised traffic management plan.

 

T.13 - First/Second/Fourth Avenues, Sawtell - Temporary Road Closure - Anzac Day   501520/501480/501550/1618

 

That a five (5) year approval be given for the temporary road closures of the following

§  First Avenue (Second Avenue to Boronia Street)

§  Second Avenue (First Avenue to Fourth Avenue)

§  Fourth Avenue (Second Avenue to Johnston Lane).

 

for the Sawtell Anzac Day March to be held on the 25 April each year from 2017 to 2022, between the hours of 10.30am and 11.45am. The approval is subject to the following conditions:

1.    The road closure is advertised at least one week before the event. 

2.   The organisers be responsible for erection of traffic barriers and control of traffic using accredited traffic controllers.

3.   The organisers be responsible for all costs associated with the temporary closure.

4.    A temporary bus zone be signposted in First Avenue north of Second Avenue as alternative to the Ex-Services Club bus zone.

5.   Copy of a current insurance Certificate of Currency of the applicants Public Liability Insurance for a minimum insured amount of $20 million and noting the Coffs Harbour City Council as an interested party for the event be submitted by the first Monday in April each year.

6.   Copy of NSW Police approval be submitted by the first Monday in April each year.

7.   A current risk management plan and Traffic Control Plan to be submitted by the first Monday in April each year.

 

a.   Traffic Control Plans to include a map indicating any alternative routes required for traffic detours. 

b.   Traffic Control Plans to be drawn to scale and indicate the provision of passageways and clearances for pedestrian and emergency access.  Plans should be prepared in accordance with Roads & Maritime Services Guide to Traffic Control at Worksites by accredited persons

c.   All signage erected for the event should not cause a hazard for motorists or pedestrians and be removed immediately following the completion of the event

d.   Conformance with approved Traffic Management Plan and associated Traffic Control Plans which shall be implemented and controlled by Roads & Maritime Services accredited persons

 

8.   Consultation with emergency services (Fire & Ambulance) and any identified issues addressed in a timely manner

9.   Consultation with bus and taxi operators and arrangements made for provision of services during conduct of the event

10. Community and affected business consultation including adequate response/action to any raised concerns

11. Arrangements made for private property access and egress affected by the event

12. The event organiser notifies local community of the impact of the event by advertising in the Coffs Coast Advocate a minimum of one week prior to the operational impacts taking effect. The advertising must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints

13. That the applicant organise for the events to be listed on council's web page

 

The five year approval only applies if there are no significant changes to the traffic management plan. If there are any changes in the route or event during the approval period (ie 2017 – 2022) event organisers must contact Council three months prior to the event with details of the revised traffic management plan.

 

T.14 - Park Avenue / Gordon Street / Vernon Street, Coffs Harbour - Temporary Road Closure - Anzac Day   R.505670/R.504620/R.504180/1618

 

That a five (5) year approval be given for the temporary road closure of the following:

·    Park Avenue (Brelsford Park, Earl Street to Gordon Street)

·    Gordon Street (Park Avenue to Vernon Street)

·    Vernon Street (Gordon Street to Pacific Highway)

 

for the Coffs Harbour Anzac Day March to be held on the 25 April each year from 2017 to 2022, between the hours of 8.30am and 10.30am. The approval is subject to the following conditions:

1.   The road closure is advertised at least one week before the event. 

2.   The organisers be responsible for erection of traffic barriers and control of traffic using accredited traffic controllers.

3.   The organisers be responsible for all costs associated with the temporary closure.

4.   Copy of a current insurance Certificate of Currency of the applicants Public Liability Insurance for a minimum insured amount of $20 million and noting the Coffs Harbour City Council as an interested party for the event be submitted by the first Monday in April each year.

5.   Copy of NSW Police approval be submitted by the first Monday in April each year.

6.   A current risk management plan and Traffic Control Plan to be submitted by the first Monday in April each year.

 

a.   Traffic Control Plans to include a map indicating any alternative routes required for traffic detours. 

b.   Traffic Control Plans to be drawn to scale and indicate the provision of passageways and clearances for pedestrian and emergency access.  Plans should be prepared in accordance with Roads & Maritime Services Guide to Traffic Control at Worksites by accredited persons

c.   All signage erected for the event should not cause a hazard for motorists or pedestrians and be removed immediately following the completion of the event

d.   Conformance with approved Traffic Management Plan and associated Traffic Control Plans which shall be implemented and controlled by Roads & Maritime Services accredited persons

 

7.     Consultation with emergency services (Fire & Ambulance) and any identified issues addressed in a timely manner

8.     Consultation with bus and taxi operators and arrangements made for provision of services during conduct of the event

9.     Community and affected business consultation including adequate response/action to any raised concerns

10.   Arrangements made for private property access and egress affected by the event

11.   The event organiser notifies local community of the impact of the event by advertising in the Coffs Coast Advocate a minimum of one week prior to the operational impacts taking effect. The advertising must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints

12.  That the applicant organise for the events to be listed on council's web page

 

The five year approval only applies if there are no significant changes to the traffic management plan. If there are any changes in the route or event during the approval period (ie 2017 – 2022) event organisers must contact Council three months prior to the event with details of the revised traffic management plan.

 

T.15 - Temporary Rolling Road Closure and Road Closure - Annual Sikh Parade Saturday 15 April 2017 6234634

 

That approval be given for the rolling temporary road closures of

River Street, Gordon Street, Nightingale Street, Nelson Street, Queen Street, Carrington Street, Trafalgar Street, Fawcett Street, Gordon Street, Scarborough Street, Hastings Street from 10.30am - 3.00pm

 

And the temporary road closure of Beach Street, Woolgoolga from 12.30pm – 1.30pm, associated with the Vaisakhi Sikh Parade in Woolgoolga on Saturday 15 April 2017 be advertised and providing no substantive objections are received, the temporary closures be approved, subject to the following conditions:

1.   The road closure is advertised at least one week before the event.

2.   The organisers be responsible for erection of traffic barriers and control of traffic using accredited traffic controllers.

3.   The organisers be responsible for all costs associated with the temporary closure.

4.   Copy of a current insurance Certificate of Currency of the applicants Public Liability Insurance for a minimum insured amount of $20 million and noting the Coffs Harbour City Council as an interested party for the event be submitted by the 3 April 2017.

5.   Copy of NSW Police approval be submitted by the 3 April 2017.

6.   A current risk management plan and Traffic Control Plan to be submitted by the 3 April 2017.

 

a.   Traffic Control Plans to include a map indicating any alternative routes required for traffic detours. 

b.   Traffic Control Plans to be drawn to scale and indicate the provision of passageways and clearances for pedestrian and emergency access.  Plans should be prepared in accordance with Roads & Maritime Services Guide to Traffic Control at Worksites by accredited persons

c.   All signage erected for the event should not cause a hazard for motorists or pedestrians and be removed immediately following the completion of the event

d.   Conformance with approved Traffic Management Plan and associated Traffic Control Plans which shall be implemented and controlled by Roads & Maritime Services accredited persons

 

7.    Consultation with emergency services (Fire & Ambulance) and any identified issues addressed in a timely manner

8.     Consultation with bus and taxi operators and arrangements made for provision of services during conduct of the event

9.     Community and affected business consultation including adequate response/action to any raised concerns

10.   Arrangements made for private property access and egress affected by the event

11.   The event organiser notifies local community of the impact of the event by advertising in the Woolgoolga Advertiser a minimum of one week prior to the operational impacts taking effect. The advertising must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints

12.      That the applicant organise for the events to be listed on council's web page.

 

T.16 - Nile Street, Coffs Harbour - 'No Stopping'   5445303 R.505460

 

That approval be given for the No Stopping zone to be extended from Edinburgh Street into Nile Street, Coffs Harbour as per below

·    North side of Nile Street west of Edinburgh Street for approx. 50m to the existing No Parking sign in the unnamed lane.

·    North side of Nile Street east of Edinburgh Street for 10m.

·    South side of Nile Street west of Edinburgh Street for 10m.

as per plan T.16.-2017.

 

T.17 - Vernon Street Coffs Harbour (Coffs Central) - Taxi Rank

That approval be given to install a 20m Taxi Zone under the Coffs Central air bridge in Vernon Street, Coffs Harbour and remove the existing Taxi Zone west of Coffs Central Loading bay  with a no stopping) as per plan T.17 – 2017.

 

 

 

Report

Description of Item:

The Local Traffic Committee (LTC) Meeting minutes are presented to Council for approval comprising thirteen regulatory traffic facilities plans and four road closures including Anzac Day Marches in Coffs Harbour, Sawtell and Woolgoolga and the Sikh Parade in Woolgoolga.

Please note that Traffic Committee is recommending a five year approval for the three Anzac Day Parades to reduce red tape, provided all traffic arrangements remain the same. This approval is subject to the submission of an updated Traffic Control Plan which should be prepared in accordance with Roads & Maritime Services Guide to Traffic Control at Worksites by an accredited person.

Issues:

Council should note carefully the recommendations of the LTC as they relate to the authorisation of traffic control facilities and prescribed traffic control devices with the aim to improve road safety and traffic management on local roads.

Options:

Council’s delegation under the Roads Act 1993 requires Council to seek the advice of the NSW Police and the Roads and Maritime Services (RMS) before exercising their delegated functions. This is done via the Local Traffic Committee.

 

In cases where the Local Traffic Committee advice is unanimous, and Council intends to follow that advice, Council may authorise the implementation of the facility or device without further notifying the RMS or the NSW Police.

 

If the Council wishes to act contrary to unanimous LTC advice, then Council must notify in writing, both the NSW Police and the RMS representatives on the LTC. Council must then refrain from taking any action for 14 days so that the NSW Police or the RMS is given an opportunity to appeal to the Chairperson, Regional Traffic Committee should they wish.

 

In the case of an appeal, the decision of the Chairperson, Regional Traffic Committee is binding and final for matters under the Road Transport (Safety and Traffic Management) Act 1999.

 

Council does not need to notify the NSW Police or the RMS if they decide not to proceed with any proposal for any reason.

Sustainability Assessment:

•     Environment

Not applicable.

•     Social

The recommendations in the report serve to improve road safety and traffic flow in the Local Government Area.

•     Civic Leadership

Objective - MA2 We have a system of well-maintained and safe roads for all users

MA 2.2 Facilitate safe traffic, bicycle and pedestrian movement - Provider.

•     Economic – Broader Economic Implications

Not applicable.

 

Delivery Program/Operational Plan Implications

 

Council has an existing budget for minor works associated with traffic improvements.

Risk Analysis:

The risk assessment has identified the following risks associated with the Local Traffic Committee recommendations:

·        That Council fulfill its delegations as a road manager

·        That Council fail to implement risk mitigation measures identified in the Local Traffic Committee meeting

 

To mitigate these risks it is recommended that Council:

·        Consider carefully the recommendations from the Local Traffic Committee following investigation and approval of the Roads and Maritime Services and the Police

·        That Council implement the recommendations to mitigate the road safety risks.

 

Consultation:

The Local Traffic Committee members’ attendance is listed on the minutes.  Most of the matters raised were requests from the community. Relevant stakeholders were consulted and a report was submitted to the Local Traffic Committee meeting.

 

Related Policy, Precedents and / or Statutory Requirements:

·           Traffic control facilities and prescribed traffic control devices may be authorised for use on a road or road related area, whether a public road or on private land, only by the RMS or Council.

·           Traffic may be regulated for various purposes by means of notices or barriers erected by a road authority

·           Section 50 of the Transport Administration Act 1988 permits RMS to delegate its functions to other public agencies such as Councils.

·           Section 53A Part 6 permits RMS to give directions to Councils in relation to RMS functions.

·           The Road Transport (Safety and Traffic Management) Act 1999, incorporating the Road Rules 2008 provides for a system of traffic laws relating to all vehicles and pedestrians.

 

Implementation Date / Priority:

Road related modifications will be listed in the works program for installation within two months of the Council meeting.

 

Conclusion:

Council to confirm Minutes of the formal Traffic Committee Meeting 1/2017.

 


Ordinary Council Meeting Agenda                                                              9 March 2017

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Ordinary Council Meeting Agenda                                                              9 March 2017

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Ordinary Council Meeting Agenda                                                                                      9 March 2017

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Ordinary Council Meeting Agenda                                                              9 March 2017

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Ordinary Council Meeting Agenda                                                            9 March 2017

T17/06          TRUST REPORT - Coffs Coast State Park Trust - Relocation of Marine Rescue Woolgoolga to Arrawarra Headland Facility - Progress Report

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

In accordance with Council’s resolution 2017/3 at its meeting held on 9 February 2017, progress reports are provided to each Council meeting on the relocation of Marine Rescue Woolgoolga to Arrawarra Headland.

 

Recommendation:

That Council, as Corporate Manager of the Coffs Coast State Park Trust, note the progress report.

 

Report

Council, as Corporate Manager of the Coffs Coast State Park Trust, is continuing to work with Marine Rescue Woolgoolga (MRW) and Woolgoolga Surf Life Saving Club (WSLSC) to secure suitable bases of operation for each organisation.  After significant investigation work 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.  The WSLSC advised the Trust in early 2017 that funding sources are at threat due to the WSLSC project not being ‘spade ready’ by 30 June 2017.

Progressing the proposed relocations has required significant negotiations to change existing tenures and ensure the future operational requirements of all parties are considered.  The land tenure changes required to enable the MRW relocation to occur are complete.  Following initial design work, obtaining quantity surveying estimates and further negotiations, up to $600,000 funding from the Coffs Coast Trust has now been committed to the MRW relocation project.

This report provides progress on the MRW relocation project as at 24 February 2017 (Council/Trust reports due date) and is detailed by milestone in the following table.  It should be noted that the completion of milestones is at certain stages dependent on other parties.  Council officers recognise the critical importance of completing the MRW relocation project as quickly as possible to facilitate WSLSC’s relocation.

 

Milestone

Status as at 24 February 2017

Legal access to the Arrawarra Headland facility

Discussions are ongoing between Council, DPI – Lands and National Parks & Wildlife Service (NPWS) regarding the easement for access across the Coffs Coast Regional Park.  Council has progressed this to a point where further action is required from NPWS and Council is waiting for their response.

 

Final design of the Arrawarra Headland facility

Architect working on updated drawings which are expected to be completed by 1 March 2017.  These will then require review and sign-off by the Marine Rescue and University of New England before the development application is submitted.

 

Development consent for the Arrawarra Headland facility

Development application and tender/construction contract documents are being progressed.  Once the updated drawings are signed-off the development application will be lodged for assessment, which is expected to occur mid-March 2017.

 

Aboriginal Cultural Heritage process has been advertised and letters sent to stakeholders.  Responses are due by 8 March 2017.  Cultural due diligence has been completed.

 

Part V assessment has been commenced.

Tender and contract for construction of the Arrawarra Headland facility

Tender/construction contract documents are being progressed and are awaiting sign-off of the updated drawings in order to complete.

Surrender of Marine Rescue lease at Woolgoolga Beach Reserve

Marine Rescue NSW has previously confirmed their intent to relinquish their existing lease once construction contract documentation is executed.

 

Letter of offer to the Woolgoolga Surf Life Saving Club for a lease lot over part of Woolgoolga Beach Reserve, including proposed terms and conditions of lease, is being prepared and is expected to be finalised by 1 March 2017 for the club’s consideration.