Coffs Harbour City Council

19 July 2017


Ordinary Council Meeting


The above meeting will be held in the Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour on:


Thursday, 27 July 2017


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





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



Order of Business



General Manager's Reports

GM17/14         Policy Review 2017................................................................................................ 3

Directorate Reports - Sustainable Communities

SC17/37          Development Application - 0085/17DA - Community Facility (Surf Life Saving Club and Cafe), Subdivision (Realignment of Lease Lot Boundaries) and Demolition (Marine Rescue Building), Lot 265 and 266 DP 1101355, 87 Beach Street, Woolgoolga.................................................... 15

Directorate Reports - Sustainable Infrastructure

SI17/18           Toormina Skate Park & Velodrome.......................................................... 30

SI17/19           LED Street Lighting.......................................................................................... 30

SI17/20           Acquisition of Easements for water supply - Lot 322 DP 832055, 31-53 Upper Orara Road, Karangi and Lot 2 DP 593102 Orara East State Forest at Karangi............................................................................................................. 30   

GM17/14      Policy Review 2017

Author:                        Governance Coordinator

Authoriser:                  General Manager

MyCoffs:                      D.1 Our leaders give us confidence in the future

Attachments:              ATT1  GM17/14  Graffiti Management Policy

ATT2  GM17/14  Multicultural Policy

ATT3  GM17/14  Water Account Adjustment (Concealed Leak) Policy  


Executive Summary

It is a requirement of s165 Local Government Act to review all policies within 12 months of a local government general election.  This report presents the next group of Council’s policies that are ready for re-adoption following review.



That Council adopts the following policies as part of the 2017 policy review:

1.       Graffiti Management Policy

2.       Multicultural Policy

3.       Water Account Adjustment (Concealed Leak) Policy




Description of Item:

After a Local Government general election, all councils have 12 months to review all policies and re-adopt.  After this time, policies that have not been reviewed are automatically revoked.  This provides Council with the opportunity to review its current policies for improvements, legislative compliance and ensure they are achieving their purpose.  Council has approximately 120 existing policies which are requiring review.  This report presents the next group of policies that have been reviewed and are ready for adoption.


Policies and details of changes are presented in the table below:


Policy Name


Graffiti Management Policy

Amendment to formatting only.

Multicultural Policy

Amendment to formatting and removal of unnecessary information (e.g. details of obligations under Council’s Charter in section 8 of the Local Government Act 1993).

Water Account Adjustment (Concealed Leak) Policy

Amendments include reordering of some detail to improve flow of information.


This review presents the opportunity to ensure all policies are presented consistently, meet compliance obligations and are readily accessible.  Adopted policies will all be available on Council’s website.


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


1.    Adopt the recommendation provided to Council.

2.    Amend the recommendation provided to Council and then adopt. This could be in the format of requesting public exhibition of some of the policies.

3.    Reject the recommendation provided to Council.

Sustainability Assessment:

•     Environment

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

•     Social

Not applicable to this report.

•     Civic Leadership

The purpose of council policy is to ensure transparency and accountability in local government.  The implementation of policy enables Council to identify and respond to the community.  This is consistent with the Coffs Harbour 2030 Community Strategic Plan, Strategy LC3 - We have strong civic leadership and governance.

•     Economic – Broader Economic Implications

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

•     Economic - Delivery Program/Operational Plan Implications

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

Risk Analysis:

There are no perceived risks in the adoption of the policies listed in this report.


Council has conducted relevant internal consultation during the development and review of Council’s policies.


As these policies contain minor amendments only, don’t relate to approvals or orders (s158 Local Government Act) or the ‘tightening’ of procedures it is not necessary to place them on public exhibition.

Related Policy, Precedents and / or Statutory Requirements:

Section 165 (4) of the Local Government Act 1993 states that:

“A local policy (other than a local policy adopted since the last general election) is automatically revoked at the expiration of 12 months after the declaration of the poll for that election.”

Implementation Date / Priority:

Implementation is immediate.


That Council adopts the policies as attached to this report.









SC17/37       Development Application - 0085/17DA - Community Facility (Surf Life Saving Club and Cafe), Subdivision (Realignment of Lease Lot Boundaries) and Demolition (Marine Rescue Building), Lot 265 and 266 DP 1101355, 87 Beach Street, Woolgoolga

Author:                        Development Assessment Officer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      A.1 A vibrant and inclusive place

Attachments:              ATT1  SC17/37   Development Application 0085/17 - Section 79C

ATT2  SC17/37   Development Application 0085/17 - Development Plans

ATT3  SC17/37   Development Application 0085/17 - Draft Conditions

ATT4  SC17/37   CONFIDENTIAL          Development Application 0085/17 - Submissions

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


Executive Summary

This report provides an assessment of Development Application 0085/17 for a new surf life saving club within the south east corner of the Woolgoolga Beach Reserve, described as Lot 265 and Lot 266 DP 1101355, 87 Beach Street, Woolgoolga. The application also proposes the demolition of the existing marine rescue building to allow for the new surf club and realignment of the existing lease lot to cater for the amended building footprint.

The development incorporates a variation to the height standard specified in clause 4.3 – Height of Buildings – of Coffs Harbour Local Environmental Plan 2013.

The application was advertised and notified to adjoining land owners. In total 236 submissions were received. Seven submissions were made in respect to the original proposal and 229 in relation to the amended proposal. The breakdown of the total consists of 58 submissions of support, 175 of objection and three of general comment.

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

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

-      Significant public interest and community input;

-      Substantial non-compliance with relevant strategic controls;

-      Significant land use;

-      Major environmental issue(s).

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

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



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 height of buildings standard under Clause 4.3 of Coffs Harbour Local Environmental Plan 2013 in this particular case.

2.       Approve Development Application No. 0085/17 for community facility (surf lifesaving club and café), subdivision (realignment of lease lot boundaries) and demolition (marine rescue building), Lot 265 and Lot 266 DP 1101355, 87 Beach Street Woolgoolga, subject to the conditions provided in attachment 3.

3.       Advise persons who made a submission on Development Application No. 0085/17 of Council’s decision.



Description of Item:

·    The Site

The site is identified as Lots 256 and 266 DP 110355, 87 Beach Street, Woolgoolga and forms part of the Woolgoolga Beach Reserve. The site is zoned RE1 Public Recreation under the Coffs Harbour Local Environmental Plan 2013 and currently accommodates picnic areas, children’s playground, existing surf club building and amenities facilities. The site adjoins residential areas to the east and west and the Woolgoolga town centre is to the south.

The existing development site can be seen below.

·     The Development

The proposed development involves:

-    Demolition of the existing marine rescue building;

-    Construction of a two storey surf lifesaving club; and

-    Realignment of existing lease lot boundaries within the reserve to accommodate the surf club.

The surf lifesaving club will include a cafe, craft storage area, first aid room, radio room and function and training area with associated kitchen. Access to the building will be from the western side for general users and from the northern side for members.

The building will be constructed of brick and fibre cement ‘weatherboard’ walls and corrugated metal roof. It has a hip and gable roof design.

The development was originally proposed approximately 34.5m further to the west than the current proposed location, which meant the development was located over an existing stormwater pipe and sewer main. The applicant chose to re-locate the development to its current position and realign a section of the sewer.


The following is a summary of key issues of the assessment.

·    Variation to the height development standard;

·    Use of the Reserve;

·    Amenity (potential view loss, noise);

·    Potential sea level rise (suitability of the site).

These assessment issues are discussed in detail in the section 79C evaluation provided as Attachment 1 to this report.

The Environmental Planning and Assessment Regulation specifies who may lodge a development application.  If an application is made by a person other than the owner of the land then the application must include the consent in writing of the owner.  The owner of the Woolgoolga Beach Reserve is the Crown.  This application was initially lodged without the consent of the owner.  This consent was subsequently provided on 29 June 2017.  This enabled Council to finalise assessment of the application.


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

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

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

Sustainability Assessment:

•     Environment

The proposed development is not expected to result in any unacceptable environmental impacts. No vegetation removal within the reserve will be required to accommodate the new surf club. A complete assessment of potential environmental impacts is provided in the S79C Assessment Report provided as Attachment 1 to this report.

•     Social

It is considered that the development is unlikely to result in any significant adverse social impacts in the locality. The proposed surf club will replace an existing community facility in the marine rescue building. Noise produced from functions at the facility should not adversely impact on nearby residences and conditions will be imposed to ensure that potential amenity impacts during construction are minimised.  The development is a community facility building.

•     Civic Leadership

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

•     Economic – Broader Economic Implications

The development will provide construction related employment opportunities during the construction and operational phases of the development.

•     Economic - Delivery Program/Operational Plan Implications

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

Risk Analysis:

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


The proposed development has been advertised and notified in accordance with the requirements of Coffs Harbour Development Control Plan 2015 on two separate occasions. The second occasion of advertising and notification was required due to the relocation of the surf club further to the east to avoid service infrastructure.

In total 236 submissions were received. Seven submissions were made in respect to the original proposal and 229 in relation to the amended proposal. The breakdown of the total consists of 58 submissions of support, 175 of objection and three of general comment.

The submissions have been received from both residents surrounding the development and general Woolgoolga locality, and from people residing outside of the locality.

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

Related Policy, Precedents and / or Statutory Requirements:

The statutory instruments relevant to the development include the following:

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

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

-    Draft State Environmental Planning Policy – Coastal Management 2016;

-    Coffs Harbour Local Environmental Plan 2013;

-    Draft Local Environmental Plan 2013 – clause 7.17 – Coastal Hazards;

-    Coffs Harbour Development Control Plan 2015.

Each of these statutory instruments is considered in detail in the Section 79C assessment appended to this report as Attachment 1.

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.


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.


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SI17/18         Toormina Skate Park & Velodrome

Author:                        Acting Section Leader Survey & Design

Authoriser:                  Director Sustainable Infrastructure

MyCoffs:                      A.2 An active, safe and healthy community

Attachments:              Nil


Executive Summary

There are social and operational issues with the Toormina Skate Park and Velodrome precinct that can be addressed in the short term by minor upgrades to the Skate Park, and in the long term with outcomes which will become available from the Public Realm Strategy work which is currently programmed.



That Council:

1.       Reviews the current location of the Toormina Skate Park as part of the Public Realm Strategy and investigates alternative, long term locations.

2.       In the short term seeks a variation of the existing approved FACS Social Housing Community Improvement grant to fund the remediation of the skate park surface as well as the provision of seating and a table

3.       Continues to seek opportunities to incorporate further security measures for the skate park such as CCTV and lighting.




Description of Item:

Council resolved on 22 June 2017 as follows:

1.       That Council give an overview of the current issues surrounding the Toormina Skate Park and the potential to effectively relocate this facility to an appropriate location within the Toormina Community.

2.       That Council provide an overview of the usage and cost of operation of the Velodrome located at Toormina.



Toormina skate park is located in Minorie Drive, Toormina. The park is approximately 17 years old. It is situated close to the Toormina Velodrome, and Toormina Oval which was built in 2006. These two facilities are located within the Toormina Sports Complex.

The Toormina Sports Complex Masterplan 2016, adopted with the Sports Facility Plan 2016 notes both of the facilities above are to remain in situ, with a number of planned upgrades to the precinct over time including a reconfigeration of the criterium track (which is partially funded), and other related areas for investigation at the velodrome complex (all unfunded).

Toormina Skate Park

Skateboarding at this facility has been in rapid decline in recent years due to the deterioration of the physical infrastructure. It now functions more as a ‘hang-out’ area than a skate park.

Despite the Coffs Clarence Local Area Command’s (CCLAC) view that the Toormina Sports Complex, comprising the skatepark and velodrome is not an area of major interest, Council has received complaints regarding assaults and vandalism in this vicinity. The design, bushland setting and generally run down appearance of the facility are considered major factors contributing to the current level of anti-social behaviour.

In response to some of these issues, Council has improved access for Police vehicles and cleared some of the vegetation to improve passive surveillance. Other recommendations from the CCLAC include perimeter fencing and underscrubbing of adjacent vegetation and consideration of CCTV and security lighting. It was also considered that improving the overall condition and creating some additional skate elements would increase legitimate skate usage, possibly displacing anti social elements. None of these measures have been implemented due to funding constraints driven by other infrastructure priorities.

A Council-commissioned condition assessment conducted in February 2017 identified that the main issue affecting the functionality of the park is the worn and rough surface. The overall condition of the park was rated as poor, bordering on being very poor, with an anticipated life of less than 5 years. The report details a number of urgent works that will need to take place to improve the function and safety of the facility. Principally, it suggests that remediation of the surface will provide the best cost/benefit ratio outcome. In addition, this asset, and other similar skate parks require regular maintenance programs to prolong the life and amenity of the asset.

In relation to relocating the facility, staff have conducted rapid interim assessments of a number of locations. The success of Brelsford Park skate park is due to a high level of natural passive surveillance and its proximity to areas of high levels of people and vehicle movement, public transport and ancillary facilities such as toilets. A new facility in Toormina would ideally be in a similar environment. However there are limited sites in that area which offer these conditions.

At its meeting on 22 June, Council approved the development of a Public Realm Strategy which will provide a vision and direction for the public realm with the Coffs Harbour Local Government Area. This project will investigate the use and suitability of facilities such as the skate park and provide a more holistic, evidence-based planning approach to the use of public space, taking into account population and demographic change as well as changing lifestyles.

Council has recently received a NSW Family and Community Services (FACS) grant of $50,000 to upgrade the existing Toormina facility. This project, if it is to proceed, includes the additon of new skate elements, seating and a table. However, given the issues highlighted in this report, it is recommended that staff approach FACS to apply for a variation to re-surface the skate park instead. It is also recommended that Council implement the CCLAC recommendations to provide perimeter fencing and underscrubbing and investigate further security measures, pending the completion of the Public Realm Strategy.


Velodrome and Criterium track

The Velodrome, including the criterium track, is used year round by the Coffs Harbour Cycle Club who hire the facility for both the summer and winter seasons. The Club has approximately 100 members involved in track cycling. It is periodically used for State and regional cycle events. Outside of hours booked by the Club, the community has free access to the velodrome and the criterium track for recreational use.The Sports Facility Plan 2016 notes that participation is well under benchmarks for both juniors and seniors, however, the industry participation rate includes recreational participation. It concludes that the Velodrome is sufficient in the long term to cater for any growth in track cycling participation, although improvements to shade and storage will be required.


The 2016/17 financial year costs of operation are:

Costs*        $9783 (mowing/mulching/maintenance, and overheads)

Revenue    $4390 (seasonal hire fee x 2)

*Estimate for 12 month period based on 11 months actual data.

The Toormina Sport Complex Masterplan 2016 recommends the replacement of the temproary storage facitilites with permanent storage and the widening and reconfiguring of the criterium track.

There is no proactive  or planned maintenance program for the Velodrome and Criterium track surfaces currently in place. All maintenance completed is reactive in nature. There are significant concerns about deterioration of the track surface in the long term.


Option one: Do nothing: both facilities require a significant maintenance budget. If they are not maintained, they will fall into disrepair and encourage an escalated level of misuse by anti-social elements.


Option two: Include the Toormina Skatepark in the Public Realm strategy project, investigating the possibility of relocation. Whilst this Strategy is being prepared, the current facilities can be maintained and short term risk mitigation measures implemented. Recommendations for improvements can be considered.


Option three:  Explore the options for relocation of the skate park. This would remove the facility from the Toormina Sports Complex. It may provide improved passive surveillance opportunities, and with a new facility, improved amenity. However, at this stage, it is unlikely that Council would be able to locate a suitable site which will not impact on residents and the work would be done outside of the overall context which will be provided by the Public Realm Strategy.

Sustainability Assessment:

•     Environment

An environmental assessment will be conducted prior to any vegetation works and if the skatepark is relocated to minimise damage to the environment.

•     Social

Toormina Sports Complex is located close to social housing and Toormina has been identified as an area which requires community improvement. The Velodrome and skate park provide free opportunities for physical activity and social interaction, particularly for young people.

However, the bushland environment, lack of passive surveillance opportunities and run down appearance of the facilities are currently encouraging a growing level of anti-social behaviour. The lack of maintenance of the skate park, and the criterion track in particular, discourages the intended usage and instead functions as a ‘hang-out’ centre, promoting anti-social behaviour and crime.


A well designed and maintained sports complex will encourage more usage by a variety of groups which will, in turn, discourage criminal activity in the area. The health and well being benefits of these facilities are well-known. High usage will reinforce social norms of healthy activity, and provide low cost alternatives to otherwise destructive lifestye choices.

•     Civic Leadership

A key strategy in the ‘My Coffs’ Community Strategic Plan is:

·    We support our community to lead healthy active lives (A2.1)


We have facilities that support affordable options for people to be active through a wide range of sport and recreation activities

Local sport is supported to encourage active lifestyles at all ages.


The recommendations support this strategy.


•     Economic – Broader Economic Implications

For a relatively small investment, Council will save money on repair of damaged facilities, and, more generally, reduced health costs in the long run as young people make better lifestyle choices.

•     Economic - Delivery Program/Operational Plan Implications

With the agreement of FACS, the resurfacing of the skate park and provision of seating and a table could be covered by the existing grant, in lieu of the skate park extension. Other works may be funded by the existing maintenance budget.


The recommended improvements to the velodrome are unfunded.


The Public Realm Strategy is funded over 2 years.

Risk Analysis:

Currently there are risks of more assaults and violent incidents in the vicinity of the Sports Complex. A reduction in legitimate uses of these facilities compounds these risks.


As the surfaces of the skate park and the criterion track are in poor condition, there is a risk that users will injure themselves.


If Council implements the recommendations contained in this report for new and improved facilities this will mitigate these risks and encourage more usage.


If Council relocates the skate park before the completion of the Public Realm Strategy, there is a risk of public objection, and that the new facility will not be appropriate for the current and future community.


Consultation has occurred with relevant internal staff, Family and Community Services and Dodd Civil Consultancy.


Related Policy, Precedents and / or Statutory Requirements:

The Brelsford Park Skatepark in Coffs Harbour can serve as a precedent/model. Its success has partly been attributed to its location in the CBD area adjacent a busy supermarket and arterial road, which provides passive surveillance and a convenient meeting space for young people away from residential areas.

Implementation Date / Priority:

2017 – 2018 financial year for skate park improvements; second half of 2019 financial year for advice regarding best potential alternative site for a skatepark flowing from the Public Realm Strategy.


Issues with the Toormina Skate Park and Veledrome precinct can be allevieated somewhat in the short term by minor upgrades to the Skate Park, making it a more attractive destination for valid skaters rather than anti social groups.


Possible relocation and/or upgrade of the Skate Park should be addressed as part of the Public Realm Strategy in order that a full range of opportunities and locations can be properly assessed in context.

SI17/19         LED Street Lighting

Author:                        Group Leader Strategic Asset Management

Authoriser:                  Director Sustainable Infrastructure

MyCoffs:                      D.2 We have effective use of public resources.

Attachments:              Nil


Executive Summary

Essential Energy can now provide energy efficient Light Emitting Diode (LED) street lighting. A pricing agreement must be formalised between Coffs Harbour City Council and Essential Energy prior to these installations being provided. The replacement of existing non-LED street lights with LED street lights will result in significant reductions to both the energy consumed and the costs of operating street lighting within the Coffs LGA.




That Council:

1.       Note the information in the report to provide more energy efficient and cost effective street lighting.

2.       Authorise the General Manager to formalise the pricing agreement with Essential Energy.



Description of Item:

In December 2003 Council resolved to proceed with an upgrade of street lights throughout the City area.  The project which had been under investigation since 2001 had involved Essential Energy, Council and the then Sustainable Energy Development Authority, in a collaborative partnership.  The main outcomes of the project were a public lighting upgrade program which delivered more energy efficiency, lower running costs, and reduced maintenance cost: A service and pricing agreement was made with Essential Energy.


At the time of the investigations, Coffs Harbour’s street lights were almost entirely a less efficient Mercury Vapour type.


Commencing August 2004, Essential Energy began rolling out the new lights across the City.


Lamps were changed over as shown in the following table.


Existing Lamp Type

Upgrade Lame

Mercury Vapour 80 watt

High Pressure Sodium 50 watt

Mercury Vapour 250 watt

High Pressure Sodium 150 watt

Mercury Vapour 400 watt

High Pressure Sodium 250 watt

Fluorescent 80 watt

High Pressure Sodium 50/70 watt



The high pressure sodium (HPS) lamps installed were a new dual arc long life technology, which gave each lamp a theoretical life of around 50,000 hours (about 11 years) at 50% mortality, compared to about four years for Mercury Vapour and about two years for compact fluorescent and fluorescent tube.


In the 14 years since December 2003, and as of January 2017 the number of street lights in the Coffs Harbour area has grown from 3471 to 4639, amounting to a 33.6 % increase.


Council currently pays over $600,000 per year for street lighting.


Essential Energy has advised that Light Emitting Diode (LED) street lights are now available on our standard materials listing for use with new street light installations and upgrades for category P lighting, minor roads and pedestrian areas, where a LED pricing agreement exists.


An LED lighting option was not available at the commencement of the 2014-19 regulatory period and consequently a regulated price has not been determined by the Australian Energy Regulator (AER).


Essential Energy has recently completed negotiation of LED Street Lighting Use of System (SLUOS) pricing with public lighting customers. This negotiation has been completed in accordance with Essential Energy’s Negotiating Framework for the implementation of SLUOS pricing for LED lighting.  With the negotiation process now complete, Essential Energy is now able to formally offer Council the negotiated LED SLUOS pricing for adoption.


Formal acceptance of the negotiated pricing is required. Where accepted, this negotiated SLUOS pricing will continue until AER approved LED prices are available from the AER; with the next AER pricing determination commencing 1 July 2019.


There are two tariffs, Tariff 4 and 5

·    Tariff 4, or SLUOS – OPEX (Street Light Use of System -Operating Expense)

·    Tariff 5 is a  combination of  SLUOS – OPEX and SLUOS – CAPEX (Street Light Use of System -Operating Expense & Street Light Use of System – Capital Expense)


Tariff 4 is for the operation and maintenance of new lights that have been dedicated to Essential Energy by a developer or by Council. It does not include the capital cost of the supply and installation of the light. Tariff 5 includes the capital cost (distributed over time) of the replacement of the light.

Below is an extract of the negotiated LED SLUOS pricing agreement from Essential Energy.

2.8 Upon Failure of an LED Luminaire the following funding situations will occur;

(i) LED Luminaire installation age less than 10 years; the LED Luminaire will be replaced and the installation will remain on its previous LED Tariff Charge. With the exception of mechanical damage from impacts and lightning strikes.

(ii) LED Luminaire installation age greater than 10 years; the LED Luminaire will be replaced and the Installation will be placed on a Tariff 5 LED Tariff Charge.

This guarantees the LED street light will remain on Tariff 4 for at least 10 years, with the exception of mechanical or lighting damage. If the defect occurs outside the 10 year period, the tariff moves to the higher Tariff 5 which includes the capitalisation of the costs of a new installation. It is important to recognise that the installation of street lights does require:

·      Additional time for maintenance

·      Traffic control

·      Design

·      Adapters/Brackets/Outreaches

·      Repairing of underground and overhead cabling


Essential Energy advise that LED negotiated tariffs were established to be as close matching to the current format of the existing tariffs structure as possible, due to their billing system constraints and to best follow the AER determined tariff system.


Comparison of an Existing Installation


Traditional Scenario Using Current Inventory

Currently Coffs Harbour has 69 installations on a tariff 5 arrangement:


In a real life example which is a single 42W CFL street light installed on a timber pole that is shared with Essential Energy distribution mains. This tariff equates to an annual charge of $145.77 and will continue for 25 years which is the assumed life of a lamp based luminaire. This luminaire was defected on 05/04/2016 and was replaced 06/04/2016. The previous tariff for this asset was a maintenance only tariff (Tariff 4) which equated to an annual charge of $71.87.


LED Scenario Using Similar Example to Above

For this example, a 17W Gerard LED (equivalent to the 42W CFL) installed on a shared timber pole is used to show directly the pricing difference.


In the instance, it is assumed that this luminaire was a 17W LED installed by a developer and gifted to Essential Energy. The tariff would be an annual charge of $25.04.


If the luminaire was required to be replaced outside of warranty i.e. outside of 10 years or for an unwarrantable claim (direct lightning hit, physical damage from vandalism etc.) the tariff would move to a capital recovery tariff. The capital recovery tariff for this luminaire equates to an annual charge of $103.08.


Comparison Summary

The 17W LED is a like-for-like replacement of a 42W CFL and as such is best to show the difference. The table below summarises the annual charges:


Annual Maintenance Charge (Tariff 4)

Annual Capital Charge (inc Maintenance) (Tariff 5)

42W CFL (Current)

17W LED (Proposed)

42W CFL (Current)

17W LED (Proposed)






It is important to note that Council is unable to install LED lights that will form part of Essential Energy’s public lighting inventory unless a pricing agreement is in place with Essential Energy, or an AER approved LED price is available


In April 2016 Council adopted the Renewable Energy and Emissions Reduction Plan (REERP). This Plan outlines the advantages of LED street lighting in both cost to Council and reduced energy consumption. In order to take advantage of the new technology, Council must first enter into a pricing agreement with Essential Energy. Otherwise all new lights or replaced lights will remain as the old HPS lights, on the higher tariff and energy consumption.


If the recommendation is accepted, it will allow the installation of LED street lights. Council is working on funding options to accelerate the upgrade of existing street lights, and also working with Essential Energy on options for the next bulk upgrade scheduled for late 2018 or 2019.



1.    Council can adopt the recommendation, allowing all new and upgraded street lights to be LED technology.

2.    Not adopt the recommendation, ensuring that the old technology High Pressure Sodium lights are retained.

Sustainability Assessment:

•     Environment

LED street lights utilise 50% less energy than the current HPS lights. If LED lights were introduced, it would obviously reduce the community’s carbon footprint considerably. The installation of LED street lights is a major action in the REERP in the effort to reduce emissions.

•     Social

Street lights provide both safety and security for road users and pedestrians. LED street lights emit the same lumination as the HPS lights they would be replacing, therefore providing the same level of service as a new HPS. The lumination of LED lights do not deteriorate to the same extent as HPS lights, therefore providing a better level of service for the asset lifecycle.

•     Civic Leadership

While street lights remain the asset of Essential Energy, the costs involved remain with Council. The installation of LED street lighting is in line with the Community Strategic Plan by reducing emissions and therefore carbon footprint.

•     Economic – Broader Economic Implications

The cost of operation and maintenance (tariff 4) of a new LED light is typically 35% of the current HPS. The warranty period and therefore the guaranteed time for which the tariff will be paid is also longer than current HPS lights. The capital upgrade and maintenance cost (tariff 5) is typically 70% of the current HPS. Installation of LED lighting will obviously be an economic benefit to Council.


Currently LED installation will be limited to new installations, but as previously stated Council is exploring methods to expand and accelerate the conversion of existing street lights to LED, therefore expanding the economic benefit.

•     Economic - Delivery Program/Operational Plan Implications

The cost of operation of street lighting is included in the Operation Plan and is currently over $600,000 per annum. Depending on the uptake of LED lighting, this is likely to reduce.

Risk Analysis:

The adoption of LED street lighting is low risk, as it is a proven technology with a guaranteed reduction in energy consumption, emissions and cost.


The adoption of LED street lighting is an outcome of the REERP which has membership from all Groups within Council.  Consultation has also been undertaken with Essential Energy.


Related Policy, Precedents and / or Statutory Requirements:

The adoption of LED street lighting is pursuant to the PEERP and Council’s commitment to reduce emissions.

Implementation Date / Priority:

If Council resolves to accept the recommendation, the Pricing Agreement can be signed soon thereafter, allowing new street lights to be LED technology


Council has the opportunity to reduce its energy consumption, emissions and costs by moving to LED street lighting. The execution of a formal pricing agreement with Essential Energy will allow this process to begin.



SI17/20         Acquisition of Easements for water supply - Lot 322 DP 832055, 31-53 Upper Orara Road, Karangi and Lot 2 DP 593102 Orara East State Forest at Karangi.

Author:                        Team Leader Property Development

Authoriser:                  Group Leader Strategic Asset Management

MyCoffs:                      D.2 We have effective use of public resources.

Attachments:              ATT1  SI17/20     Location of easement affecting 31-53 Upper Orara Road, Karangi

ATT2  SI17/20     Location of easement affecting Orara East State Forest  


Executive Summary

Council recently completed a duplication of the water main that connects Karangi Dam with Red Hill Reservoir to the west of Coffs Harbour. This project included the construction of a new 600mm water main and now that it is complete the security of Coffs Harbour’s water supply has been considerably improved. As a part of the project easements are required over a number of properties upon which Council have no current tenure to protect the new works. Recent negotiations with affected owners have resulted in Council agreeing to compensate these parties on the basis that Council is responsible for all reasonable costs.




That Council:

1.       Authorise payment of $2,000 inclusive of GST to the owners of Lot 322 DP 832055, 31-53 Upper Orara Road, Karangi as compensation for an Easement for Water Supply 5 metres wide being transferred to Council over the property as described in this report.

2.       Authorise payment of approximately $500 inclusive of GST to the Forestry Corporation who own Orara East State Forest, Karangi as their required fee to transfer an Easement for Water Supply 5 metres wide to Council over the property as described in this report.

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

4.       Execute all documents necessary to facilitate the matters under the common seal of Council.




Description of Item:

Council recently completed a duplication of the water main that connects Karangi Dam with the Red Hill Reservoir to the west of Coffs Harbour. This project included the construction of a new 600mm water main over Lot 322 DP 832055 at 31-53 Upper Orara Road at Karangi, and Lot 2 DP 593102 being part of Orara East State Forest at Karangi.


Now that the construction works are complete Council requires easements to be created over the pipeline to provide legal access to the infrastructure in future. The easement transfers will also facilitate compensation to be paid to the affected owners and a legal notation will rest on the property titles in perpetuity providing advice and information to future owners.


The easements are to be 5 metres wide and will be located as shown in yellow highlight on the attached plans.


The area of the easement affecting Lot 322 is proposed to be approximately 1,467.35 square metres and will be located on a part of the property zoned RU2 Rural Landscape under the provisions of Coffs Harbour LEP 2013. The area affected is open pasture land and is within a holding that comprises some 33.5 hectares in total.


The area of the easement affecting Lot 2 is approximately 2,345 square metres and is located within Orara East State Forest which is zoned RU3 Forestry under the provisions of Coffs Harbour LEP 2013. The area affected is in the northern region of the Forest.


A further report or reports will be brought to Council in the future as agreement is reached with other property owners who have been affected by this project.


The pipeline has been recently completed and the acquisition of the easements will help finalise the project and compensate the affected owners.


Council’s qualified Valuer has negotiated the acquisitions and considers the agreements for compensation, and the terms to be fair and reasonable to the parties concerned. 



Council has two options available:


1.       Adopt the recommendation and complete the acquisitions as proposed.


2.       Reject the recommendation and not proceed with the acquisitions. This course of action would leave the owners without compensation for the impact of the pipeline on their properties and would also leave Council and future owners in a sub-optimal position regarding the ability to protect and maintain the infrastructure.

Sustainability Assessment:

•     Environment

The acquisitions will have little impact on the environment. All environmental issues were considered as part of the project works which have now been completed.

•     Social

There are no adverse issues in relation to this aspect.

•     Civic Leadership

Council will show leadership in regard to the completion of the project in line with standard procedures and the matter will meet the principles within Council’s MyCoffs Community Strategic Plan which promotes continued investment and improvement to local infrastructure.

•     Economic – Broader Economic Implications

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

•     Economic - Delivery Program/Operational Plan Implications

Council has allocated an appropriate amount within the current budget for the completion of this project. The total cost of these acquisitions including all matters is estimated to be in the order of $8,000.

Risk Analysis:

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


All relevant stakeholders have been consulted. The owners of the properties have provided written consent to the terms associated with the transfer.

Related Policy, Precedents and / or Statutory Requirements:

Council has in the past acquired easements over its infrastructure when considered appropriate.


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

Implementation Date / Priority:

2017–2018 financial year for skate park improvements; second half of 2019 financial year for advice regarding best potential alternative site for a skatepark flowing from the Public Realm Strategy.



This report addresses the requirements for the acquisition of easements for water supply over recently completed works associated with the water main duplication project from Karangi Dam to Red Hill Reservoir.


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