Coffs Harbour City Council

16 August 2017

 

Ordinary Council Meeting

 

The above meeting will be held in the Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour on:

 

Thursday, 24 August 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

 

 


Order of Business

 

 

Mayoral Minute

MM17/02        General Manager's Performance Review.............................................. 3  

Notices of Motion General

NOM17/13      Change to the Code of Meeting Practice............................................... 4

General Manager's Reports

GM17/15         Policy Review 2017................................................................................................ 6

Notices of Motion Business Services

NOM17/14      Divestment of Council Investments in Fossil Fuel Supporting Financial Institutions.......................................................................................................... 45

Directorate Reports - Business Services

BS17/28          Bank and Investment Balances for June 2017...................................... 49

BS17/29          Bank and Investment Balances for July 2017...................................... 68

BS17/30          Acquisition of Easement for Water Supply - Lot 104 DP 1184344, 834 Coramba Road, Karangi ................................................................................. 87

BS17/31          Review of Environmental Levy Program.............................................. 91

Directorate Reports - Sustainable Communities

SC17/44          2016-2020 Delivery Program - Six Monthly Report January to June 2017.................................................................................................................................. 128

SC17/45          Planning Proposal: North Boambee Valley (West) Residential Investigation Area.......................................................................................... 203

SC17/46          Coffs Harbour LGA Flying-Fox Camps Strategic Camp Management Plan.................................................................................................................................. 298

SC17/47          Planning Proposal PP_2016_Coffs_004_00 - Review of Coffs Harbour Local Environmental Plan 2013................................................................. 310

SC17/48          Stronger Country Communities Fund................................................. 398

SC17/49          2017/18 Donations and Rates Subsidy Program................................. 405

Directorate Reports - Sustainable Infrastructure

SI17/22           Amendment to Alcohol Prohibited Reserves in the Coffs Harbour CBD.................................................................................................................................. 411   


MM17/02      General Manager's Performance Review

Author:                         Mayor

Authoriser:                  Mayor

Attachments:              Nil

 

Recommendation:

That Council note the outcome of the General Manager’s Performance Review.

 

 

Purpose

To advise Council of the outcome of the General Manager’s Performance Review, which was conducted by the s355 Performance Review Panel (PRP) over two sessions on 25 and 30  July  2017.  

 

Delegations are given by the Council under s377 of the Local Government Act 1993 to the PRP to make all determinations arising from the conduct of the General Manager's performance review process.

 

The PRP consists of the Mayor, Deputy Mayor, one (1) Councillor nominated by the General Manager, that being Councillor Keith Rhoades and Councillor Tegan Swan as nominated by Council.

 

To be noted that the performance review process was facilitated by an independent facilitator agreed on by the Mayor and General Manager, in this instance Matthew McArthur.

 

This report presents the outcomes of the review for noting by the full Council. Details are contained in the confidential attachments within the ‘Councillor only’ section of Diligent Boardbooks.

 

Statutory Requirements

Clause 7 of the Standard Contract of employment for General Managers of Local Councils in New South Wales outlines the details and requirements regarding the annual review of General Managers.

 

  


NOM17/13   Change to the Code of Meeting Practice

Attachments:          Nil

 

Motion:

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

"That Council change its Code of Meeting Practice s5.11.1 to reflect that a member of the public may speak on any matter before Council; and also that a Public Forum be permitted at any ordinary meeting of Council"

 

 

Rationale:

“For many years, Council has accepted speakers making Public Addresses on all matters before Council, including Notices of Motion and Recission Motions.  Council's Public Address Information Sheet on its website contains ambiguities, on one hand allowing speakers on any agenda item, but stating that an item could only be addressed by the public at the first meeting at which a staff report was presented.

 

Recently a decision was made at Executive level that Public Addresses be no longer allowed except for full Council reports.  Since for many years, the practice has been to allow this, and this is what is indicated on Council's website, there does not seem to be evidence that restricting public input in this manner is warranted.

 

The vast majority of Councils have policies which allow addresses on any agenda item.  It therefore seems prudent and inclusive to allow speakers on all agenda items.  It would also be in line with almost every other Council.  There is no legislative impediment to this change.  Further, Council's own instructions for Public Address state that any agenda item may be addressed.

 

Public Forums are only offered once a month.  It would seem to be no inconvenience to Council to offer Public Forum at every ordinary meeting.  It would provide more opportunity for public comment and participation.

 

It is noted that changes to the Code subsequently may require a period of public exhibition.  However, if Council opines that the changes are not substantial, the amended Code may be adopted without exhibition.  It is suggested that these changes are very minor.”

Staff Comment:

These changes can be made to the Code of Meeting Practice (CoMP).  As they are not too substantial they should not require public exhibition.

The change to the clause 5.11.1 regarding speakers was made following the last full review of the CoMP.  The suggestion followed a Councillor workshop.  The implementation of this amendment was overlooked and did not occur until recently.

The last clause in the Public Address Information Sheet states:

Speakers and representatives either for or against a proposal be limited to the first meeting at which the report from Council staff is presented for determination.


 

This was recently changed for clarity to state:

Speakers and representatives either for or against a proposal be limited to the first meeting at which the report from Council staff is presented for determination.  Therefore, there cannot be speakers for or against a:

·           Rescission Motion

·           Notice of Motion

·           Mayoral Minute

 

  


GM17/15      Policy Review 2017

Author:                        Governance Coordinator

Authoriser:                  General Manager

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

Attachments:              ATT1  GM17/15  Construction in the Vicinity of Council Underground Assets Policy

ATT2  GM17/15  Contaminated Land Policy

ATT3  GM17/15  Investment Policy

ATT4  GM17/15  Media Policy

ATT5  GM17/15  Private Sewer Pump Station 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.

 

Recommendation:

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

1.       Construction in the Vicinity of Council Underground Assets Policy

2.       Contaminated Land Policy

3.       Investment Policy

4.       Media Policy

5.       Private Sewer Pump Station Policy

 

Report

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

Modification

Construction in the Vicinity of Council Underground Assets Policy

This policy has been amended to strengthen its original intent of protecting Council’s underground assets from damage. The name has also changed from “Sewer Mains - Building in the vicinity of Policy” to “Construction in the Vicinity of Council Underground Assets Policy” to broaden the policy to all underground assets, not just sewerage. Further amendments also include formatting and reordering detail to improve flow of information.

Contaminated Land Policy

The draft Contaminated Land Policy replaces the Contaminated Land Management Policy adopted by Council in 2013.

The document has been developed as a MidROC contaminated land program initiative and in accordance with the contaminated land guidelines to promote consistency across the region and to assist Council whilst carrying out planning, regulatory and land management activities.

The revised policy provides greater detail for the assessment of contaminated land and the framework through which Council will manage land contamination within the Local Government Area.

A significant amendment within the new policy is the requirement (as of 1 April 2018), that Council will only accept services, reports or advice from contaminated land practitioners accredited by the Environmental Protection Authority’s recognised accreditation schemes.

Investment Policy

The draft Investment Policy has been updated from the previous version to include section 2.11 Environmentally and Socially Responsible Investments (SRI). This section identifies activities which are considered socially and/or environmentally productive and also activities which are considered socially and/or environmentally harmful. ‘Production of pollutants, toxins and greenhouse gases’; which includes the use of fossil fuels for energy production is listed as an environmentally harmful activity. Conversely, renewable energy is listed as an environmentally productive activity.

 

The draft Investment Policy also states that Council’s preference is to enter into SRIs where:

1.   The investment is compliant with legislation and Investment Policy objectives and parameters; and

2.   The rate of return is favourable relative to comparable investments on offer to Council at the time of the investment.

Media Policy

The current draft Media Policy replaces the previous Staff Media Policy which, as the title suggests, focused on the obligations of staff when approached or communicating via the media.  Whilst these staff obligations remain generally unchanged from the previous policy, the new draft policy now captures some of the considerations to be undertaken by Councillors when also being approached or communicating via the media.

Private Sewer Pump Station Policy

Amendments to this policy are mainly formatting and reordering detail to improve flow of information.

Issues:

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.

Options:

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 Council’s MyCoffs Community Strategic Plan, D.1 Our leaders give us confidence in the future.

•     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.

Consultation:

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.

Conclusion:

That Council adopts the policies as attached to this report.

 



 



 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 



 


 


 


 


 


 


 


 



 


 



 

 


NOM17/14   Divestment of Council Investments in Fossil Fuel Supporting Financial Institutions

Attachments:          Nil

 

Motion:

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

"Council give preference to investing with financial institutions that do not invest in, or finance, the fossil fuel industry where:

a.   Council’s investment is compliant with its ‘Investment Policy’.

b.   The investment rate of interest is comparable or better to other similar investments that may be on offer to Council at the time of investment.

A briefing be provided to Councillors, at the end of each financial year, on the state of its divestment from fossil fuels."

 

Rationale:

“Council receives independent advice and invests surplus funds in accordance with Council’s Investment Policy to maximise investment income and preserve capital to assist with funding requirements for projects listed under the Coffs Harbour 2030 Community Strategic Plan.  Council can continue to meet its obligations under its current Investment Policy Guidelines, whilst also addressing wide community concern over the impacts of Climate Change, by preferencing financial institutions that do not fund the fossil fuel industry.  This is a practical way to align the Council's finances to its commitment to addressing Climate Change whilst also meeting current NSW Local Government investing policy guidelines.

 

There are 30 Councils Australia wide representing $6,984,961,346 that have divestment motions.  A list of NSW Councils, along with their investment portfolio totals at the time of their divestment, are as follows:

 

Marrickville Council

Jan 2015

NSW

    $55,000,340.00

Leichhardt Municipal Council

Mar 2015

NSW

    $79,702,199.00

Lismore City Council

Mar 2015

NSW

    $50,017,029.00

Gloucester Shire Council

Aug 2015

NSW

      $6,419,922.00

Newcastle City Council

Aug 2015

NSW

  $286,104,501.00

Byron Shire Council

Oct 2015

NSW

    $75,962,424.40

Albury City Council

Nov 2015

NSW

    $81,190,223.00

Ballina Shire Council

Nov 2015

NSW

    $69,289,000.00

Randwick City Council

Dec 2015

NSW

    $75,091,000.00

City of Sydney

Oct 2016

NSW

  $627,248,581.00

 

 

Current Coffs Harbour City Council Investments:

As at 30 April 2017 Council had a total of $175,536,511.01 invested via 29 different financial institutions.  These investments are via 11am cash, ASX Listed Fixed Rate Securities, Covered Floating Bonds, Flexi Deposits, Floating Rate Notes and Term Deposits and for terms of under 5 years.  Council investments that are currently held with financial institutions funding fossil fuel enterprises are as follows:

 

Institutions that are currently funding fossil fuel enterprises:

 

Institution                                                                             % of Council’s Investment Portfolio

AMP Bank Ltd $8,092,800                                                                           4.61%

ANZ Banking Group Ltd $2,415,783.75                                                      1.38%

Commonwealth Bank of Australia Ltd $3,033,850                                      1.73%

ING Bank Australia Ltd $7,500,000                                                             4.27%

Macquarie Bank $1,010,720                                                                        0.58%

National Australia Bank Ltd $13,477,582.26                                                7.68%

Westpac Bank Corp Ltd $7,009,540                                                            3.99%

 

Sub total 24.24% of Council’s investments are currently with institutions that fund fossil fuel enterprises.

 

Council investments that are currently held with financial institutions that have Position Statements/track records against funding fossil fuel enterprises:

 

Institution                                                                             % of Council’s Investment Portfolio

Australian Military Bank Limited $2,000,000                                               1.14%

Auswide Bank Ltd $1,000,000                                                                     0.57%

Bananacoast Community Credit Union Ltd $4,000,000                              2.28%

Bank of Queensland $18,578,415                                                             10.58%

Bendigo and Adelaide Bank Ltd $10,086,560                                              5.75%

Beyond Bank Australia Ltd $900,000                                                          0.56%

Credit Union Australia Ltd $7,069,340                                                         4.03%

Defence Bank Ltd $9,000,000                                                                     5.13%

Greater Bank Ltd $6,067,990                                                                      3.46%

Heritage Bank Ltd $5,048,500                                                                     2.85%

Members Equity Bank $16,025,200                                                            9.13%

Newcastle Permanent Building Society $14,936,220                                 8.51%

Police Bank Ltd $1,005,990                                                                         0.57%

Police Credit Union $3,500,000                                                                   1.99%

QPCU Ltd t/a Qbank $3,000,000                                                                1.71%

Rabobank Australia Ltd $2,500,000                                                             1.45%

Suncorp $7,051,640                                                                                     4.02%

WAW Credit Union $5,000,000                                                                    2.85%

 

Sub total 66.58% of Council’s investments are currently with institutions that have Position Statements/track records against funding fossil fuel enterprises.

 

Council also currently invests with UBS Australia (1.15%), Credit Suisse Sydney (5.47%), Royal Bank of Canada (0.58%) and Arab Bank Australia (1.99%) who may fund fossil fuel enterprises within and outside of Australia. 

 

Target

The intent and target of this Notice of Motion is to preference, (within the constraints of (a) and (b) of the Motion), Council’s investments with financial institutions that have a stated intent and/or track record of non-investment in the fossil fuel industry.  Progress can be monitored and targets re-assessed for consideration in 2017/18 and beyond.  In doing so, the Council will show in a practical way, its commitment to addressing community concerns regarding Climate Change whilst also meeting current NSW Local Government investing policy guidelines.

 

Compliance with Council’s ‘Investment Policy’

The above investments are in line with Council’s ‘Investment Policy’ and related legislation - Office of Local Government Circulars or Guideline: All investments are to comply with the following: • Local Government Act 1993 - Section 625 • Local Government Act 1993 - Order (of the Minister) dated 12 January 2011 • The Trustee Amendment (Discretionary Investments) Act 1997 Sections 14A(2), 4C(1) & (2) • Local Government General Regulation 2005 • Office of Local Government Circulars • Office of Local Government Investment Policy Guidelines • Local Government Code of Accounting Practice and Financial Reporting • Australian Accounting Standards.”

Staff Comment:

As part of our current policy review process the updated Investment Policy captures the sentiment contained in the Notice of Motion.  The draft Investment Policy has been ready to present to Council for some time; however, it has previously been withheld with the understanding that a Notice of Motion was pending.  However, given the 12 month deadline to review policies and the importance of the Investment Policy, the updated version is also included in this business paper as part of report GM17/16.

 

The draft Investment Policy through the current policy review process has been updated from the current adopted version to include section 2.11 Environmentally and Socially Responsible Investments (SRI).  This section identifies activities which are considered socially and/or environmentally productive and also activities which are considered socially and/or environmentally harmful.  ‘Production of pollutants, toxins and greenhouse gases’; which includes the use of fossil fuels for energy production is listed as an environmentally harmful activity.  Conversely, renewable energy is listed as an environmentally productive activity.

 

The draft Investment Policy also states that Council’s preference is to enter into SRIs where:

1.    The investment is compliant with legislation and Investment Policy objectives and parameters; and

2.    The rate of return is favourable relative to comparable investments on offer to Coucnil at the time of the investment.

 

These conditions are similar to points a) and b) in the Notice of Motion.  However, to avoid any confusion it should be understood that the parameters in the Investment Policy in relation to Credit Quality Limits and Counterparty Limits will restrict the level of divestment that can be achieved.  Likewise, other Council’s that have similar divestment approaches still have significant funds invested in major banks due to their own credit limit limitations, which assist in managing investment risk.

 

For instance, many of the lower-rated small Authorised Deposit-taking Institutions (ADIs) have a long term rating of BBB and therefore the recommended limit is set at 40% of the investment portfolio to be invested in this rating group.  Council currently has aggregate exposure of $62.3 million of a $73.6 million limit to the BBB Category, which leaves an $11.2 million capacity.  There is also a further capacity of $11.3 million with BOQ and Bendigo Banks giving a total capacity for potential divestment to ADIs with SRI status of $22.5 million.

 

Council currently has an exposure of $93.7 million ADIs without SRI status and offshore ADIs.  Therefore, based on the current investment portfolio and assuming rates of return are favourable, $22.5 million would be the maximum divestment achievable.

 

Another issue often encountered with smaller ADIs is that even while we may have an available limit they do not always require the funding.  This makes the practicality of divesting somewhat difficult. In contrast, major banks always have capacity to take deposits and investments.

 

Fundamentally, Council invests with highly rated institutions such as major banks to reduce Council’s overall investment risk exposure.  The draft Investment Policy therefore balances investment risk management whilst providing a preference where possible to invest in SRIs.

  


BS17/28       Bank and Investment Balances for June 2017

Author:                        Section Leader Financial Planning

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS17/28   Monthly Investment Report for the month ended 30 June 2017  

 

Executive Summary

The purpose is to report on Council’s Bank Balances and Investments as at 30 June 2017.  Council receives independent advice and invests surplus funds in accordance with Council’s Investment Policy to maximise investment income and preserve capital to assist with funding requirements for projects listed under the My Coffs Community Strategic Plan.

 

 

Recommendation:

That Council note the bank balances and investments totalling $191,713,655.32 (including from loans, Developer Contributions and other avenues that form the restricted accounts and are committed for future works) as at 30 June 2017.

 

Report

Description of Item:

A copy of the state of Bank Balances and Investments as at 30 June 2017 is attached.

 

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

 

Interest when paid, say quarterly, would result in reductions in the market value of the investments.  The Investment Report reflects the above requirements and reflects the interest earned (or accrued) on each investment, based on the acquisition price.

 

Reports written by Laminar Group Pty Ltd (Council’s investment portfolio advisors), which examine economic and financial markets data for June 2017 are available in the Councillors’ Resource Centre.

Issues:

There are no issues associated with the report.

Options:

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

Sustainability Assessment:

•     Environment

There are no perceived current or future environmental impacts.

•     Social

There are no perceived current or future social impacts.

•     Civic Leadership

Council invests surplus funds to maximise investment income and preserve capital to assist with funding requirements for projects listed under the My Coffs Community Strategic Plan.

•     Economic – Broader Economic Implications

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 econcomic conditions and financial markets.  Council constructs its investment portfolio with consideration of current conditions and to comply with the Office of Local Government (OLG) investment policy guidelines.

•     Economic – Delivery Program/Operational Plan Implications

As at 30 June 2017 it is noted that the total bank and investment balances total $191,713,655.32 comprising restricted and unrestricted General, Trust, Water and Sewerage Fund cash and investments.

Risk Analysis:

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

 

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

 

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

 

Rating

Ratings Explanation

AAA

Extremely strong capacity to meet financial commitments. Highest Rating.

AA

Very strong capacity to meet financial commitments.

A

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

BBB

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

BBB-

Considered lowest investment grade by market participants.

BB+

Considered highest speculative grade by market participants.

BB

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

B

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

CCC

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

CC

Currently highly vulnerable.

C

Currently highly vulnerable obligations and other defined circumstances.

D

Payment default on financial commitments.

 

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

 

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

 

·    Deposits/Covered Bonds – these share first ranking

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

·    Subordinated debt

·    Hybrids

·    Preference shares

·    Equity shares (common shares).

 

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

 

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

Consultation:

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

Related Policy, Precedents and / or Statutory Requirements:

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

Local Government Act 1993 – Section 625

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

Local Government General Regulation 2005

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

Implementation Date / Priority:

Nil.

Conclusion:

Council should consider the information provided in the report and the Councillors’ Resource Centre and the recommendation provided.

 


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


BS17/29       Bank and Investment Balances for July 2017

Author:                        Section Leader Financial Planning

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS17/29   Monthly Investment Report for the month ended 31 July 2017  

 

Executive Summary

The purpose is to report on Council’s Bank Balances and Investments as at 31 July 2017.  Council receives independent advice and invests surplus funds in accordance with Council’s Investment Policy to maximise investment income and preserve capital to assist with funding requirements for projects listed under the My Coffs Community Strategic Plan.

 

 

Recommendation:

That Council note the bank balances and investments totalling $183,747,287.09 (including from loans, Developer Contributions and other avenues that form the restricted accounts and are committed for future works) as at 31 July 2017.

 

Report

Description of Item:

A copy of the state of Bank Balances and Investments as at 31 July 2017 is attached.

 

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

 

Interest when paid, say quarterly, would result in reductions in the market value of the investments.  The Investment Report reflects the above requirements and reflects the interest earned (or accrued) on each investment, based on the acquisition price.

 

Reports written by Laminar Group Pty Ltd (Council’s investment portfolio advisors), which examine economic and financial markets data for July 2017 are available in the Councillors’ Resource Centre.

Issues:

There are no issues associated with the report.

Options:

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

Sustainability Assessment:

•     Environment

There are no perceived current or future environmental impacts.

•     Social

There are no perceived current or future social impacts.

•     Civic Leadership

Council invests surplus funds to maximise investment income and preserve capital to assist with funding requirements for projects listed under the My Coffs Community Strategic Plan.

•     Economic – Broader Economic Implications

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 econcomic conditions and financial markets.  Council constructs its investment portfolio with consideration of current conditions and to comply with the Office of Local Government (OLG) investment policy guidelines.

•     Economic – Delivery Program/Operational Plan Implications

As at 31 July 2017 it is noted that the total bank and investment balances total $183,747,287.09 comprising restricted and unrestricted General, Trust, Water and Sewerage Fund cash and investments.

Risk Analysis:

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

 

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

 

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

 

Rating

Ratings Explanation

AAA

Extremely strong capacity to meet financial commitments. Highest Rating.

AA

Very strong capacity to meet financial commitments.

A

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

BBB

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

BBB-

Considered lowest investment grade by market participants.

BB+

Considered highest speculative grade by market participants.

BB

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

B

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

CCC

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

CC

Currently highly vulnerable.

C

Currently highly vulnerable obligations and other defined circumstances.

D

Payment default on financial commitments.

 

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

 

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

 

·    Deposits/Covered Bonds – these share first ranking

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

·    Subordinated debt

·    Hybrids

·    Preference shares

·    Equity shares (common shares).

 

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

 

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

Consultation:

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

Related Policy, Precedents and / or Statutory Requirements:

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

Local Government Act 1993 – Section 625

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

Local Government General Regulation 2005

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

Implementation Date / Priority:

Nil.

Conclusion:

Council should consider the information provided in the report and the Councillors’ Resource Centre and the recommendation provided.

 


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


BS17/30       Acquisition of Easement for Water Supply - Lot 104 DP 1184344, 834 Coramba Road, Karangi

Author:                        Team Leader Property Development

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS17/30   Location of Easement Effecting 834 Coramba Road, Karangi  

 

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’s complete, the security of Coffs Harbour’s water supply has been considerably improved.  As 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 an affected owner at 834 Coramba Road, Karangi, has resulted in Council agreeing to an amount of compensation on the basis Council are responsible for all reasonable costs.

 

Recommendation:

That Council:

1.       Authorise payment of $750 inclusive of GST to the owner of Lot 104 DP 1185344, 834 Coramba 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 all costs associated with the acquisitions, including reasonable legal expenses, survey, mortgage consent fees and registration expenses.

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

 

Report

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 104 DP 1185344 at 834 Coramba Road, Karangi.

 

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

 

The easement is to be 5 metres wide and will be located as shown in yellow highlight on the attached plan.

 

The area of the easement affecting Lot 104 is proposed to be approximately 447.10 square metres and will be located on a part of the property zoned RU2 Rural Landscape and E2 Environmental Conservation under the provisions of Coffs Harbour LEP 2013.  The area affected is generally open pasture land and is within a holding that comprises some 28.26 hectares in total.

 

Negotiations are ongoing with two owners associated with this project and when agreement is reached, a report will be brought to Council in the future for consideration.

Issues:

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

 

Council’s qualified Valuer has negotiated the acquisition and considers the agreement for compensation and terms to be fair and reasonable.

Options:

Counil has two options available:

 

1.    Complete the acquisition as proposed; or

2.    Do not proceed with the acquisition which would leave the owner without compensation for the impact of the pipeline and would also leave Council and future owners in a sub-optimal position.

Sustainability Assessment:

•     Environment

The acquisition 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 2030 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 acquisition.

•     Economic - Delivery Program/Operational Plan Implications

Council has allocated an amount within the current budget for the completion of this project.  The total cost of this acquisition including all matters is estimated to be in the order of $3,500.

Risk Analysis:

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

Consultation:

All relevant stakeholders have been consulted.  The owners of the property have provided 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:

The matter will be actioned immediately upon Council’s resolution.

Conclusion:

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

 

 

 


PDF Creator


BS17/31       Review of Environmental Levy Program

Author:                        Director Business Services

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS17/31   Coffs Harbour City Council Review of Environmental Levy Program  

 

Executive Summary

At Council’s meeting held on 14 July 2016 it was resolved:

 

That Council conduct a full review of the environmental levy program.  That a report be brought back to a full council detailing a full review.

 

The review methodology involved a comprehensive review of the history and documentation relating to the Environmental Levy (EL) Program, interviews with various stakeholders and a review of other similar programs in Local Government.  A discussion draft report was provided to Council together with a presention by the consultants on 18 July 2017.  Following an opportunity for Councillor feedback the consultants issued their final report on 3 August 2017 (Attachment 1).

 

The consultants observed a number of positive aspects to the EL Program; however, they also identified key opportunities for improvements around probity, accountability and committee membership.  The consultants EL Review report provides seven primary recommnedations together with an Action Plan for design and implementation of a new model for the EL Program.

 

The report and its recommendations are now tabled for Council’s formal consideration.

 

 

Recommendation:

That Council:

1.       Adopt the primary recommendations of the Environmental Levy Program Review report (Attachment 1), being:

1.1.    Disband the Environmental Levy Committee on the basis that the legislative framework has changed significantly since the establishment of the Environmental Levy in 1997, particularly with the introduction of the Integrated Planning and Reporting Framework and the increasing maturity of Council’s strategic plans.

1.2.    That the funding be split into two streams, with one for long-term projects that are funded to match Council’s Delivery Program cycle, and the other for smaller, short-term projects.

1.3.    That an in-house committee comprising a Councillor and relevant staff be established to administer the smaller grant scheme, while the larger, long-term projects be subject to Council’s standard Integrated Planning and Reporting Framework.

1.4.    That the levy funds be primarily used for works on public land unless a clear community benefit has been identified and endorsed by public consultation, for example through the Community Strategic Plan process.

1.5.    That Voluntary Conservation Agreements be used to “lock-in” the community benefit from work on private land.

1.6.    That Council no longer use environmental levy funds for staff positions not directly involved in environmental works or the administration of the levy, for example customer service staff.

1.7.    That the annual increase in staff costs drawn from the environmental levy be limited to annual increase in funds raised through the levy.

2.       Note that officers will commence migration to the new model this year in preparation for the Environmental Levy Program funding allocations for the 2018-19 financial year.

3.       Note that a further report will be provided to Council on the design of the new model for the Environmental Levy Program guided by the Environmental Levy Program review report Action Plan.

4.       Provide letters of appreciation to the current members of the Environmental Levy Committee thanking them for their assistance over many years.

 

 

Report

Description of Item:

At Council’s meeting held on 14 July 2016 it was resolved:

 

That Council conduct a full review of the environmental levy program.  That a report be brought back to a full council detailing a full review.

 

Following a requested review of Terms of Reference for the Environmental Levy Committee the full review of the Environmental Levy (EL) Program was conducted in May 2017.

 

The review was conducted by consultants The Centium Group and examined the following aspects of the Council’s EL program:

·    Whether a suitable and contemporary model is in place for the use of allocated funds;

·    Whether adequate revenue is allocated to the program;

·    Whether the role and Terms of Reference of the Council’s Environmental Levy Committee is appropriate; and

·    Whether the composition of the Council’s Environmental Levy Committee is suitable.

 

The review methodology involved a comprehensive review of the history and documentation relating to the EL Program, interviews with various stakeholders and a review of other similar programs in Local Government. A discussion draft report was provided to Council together with a presention by the consultants on 18 July 2017. Following an opportunity for Councillor feedback the consultants issued their final report on 3 August 2017 (Attachment 1).

 

The report and its recommendations are now tabled for Council’s formal consideration.

Issues:

The consultants review found that the Council’s EL Program is only partially effective summarised in the following table:

Overall Effectiveness Rating

Partially Effective

 


 

 

The overall rating is based on the following conclusions:

Terms of Reference Area

Effectiveness Rating

Model for the use of allocated funds

Partially Effective

Adequacy of revenue allocated to the program

Substantially Effective

Role and ToR of the Council’s Environmental Levy Committee

Partially Effective

Composition of the Council’s Environmental Levy Committee

Partially Effective

 

Based on the consultants’ examination of each of the above four areas they have provided the following seven primary recommendations:

1.    Disband the environmental levy committee on the basis that the legislative framework has changed significantly since the establishment of the Environmental Levy in 1997, particularly with the introduction of the integrated and planning legislation and the increasing maturity of Council’s strategic plans.

2.    That the funding be split into two streams, with one for long-term projects that are funded to match Council’s Delivery Plan cycle, and the other for smaller, short-term projects.

3.    That an in-house committee comprising a Councillor and relevant staff be established to administer the smaller grant scheme, while the larger, long-term projects be subject to Council’s standard IPR framework.

4.    That the levy funds be primarily used for works on public land unless a clear community benefit has been identified and endorsed by public consultation, for example through the Community Strategic Plan process.

5.    That Voluntary Conservation Agreements be used to “lock-in” the community benefit from work on private land.

6.    That Council no longer use environmental levy funds for staff positions not directly involved in environmental works or the administration of the levy, for example customer service staff.

7.    That the annual increase in staff costs drawn from the environmental levy be limited to annual increase in funds raised through the levy.

 

The consultants also observed a number of positive aspects to the EL Program as follows:

1.    Significant Leverage of other Funding. A recurrent theme from our interviews was the significant additional funding from other sources the current projects have been able to leverage by using the EL funds as seed funding.  For example, the Orara Valley Rivercare Groups Management Committee project has provided Council with a report that indicates that it has leveraged grants totalling $2.9million using their EL allocation as matching funds (attachment A.5).

2.    Significant Environment Benefit. All interviewees acknowledged that significant environmental benefit had been achieved from the works funded by EL.  The Orara Project report (attachment A.5) perhaps provides the most recently documented example of the benefits derived, albeit for a single project.

3.    Positive Community Relations. A recurrent theme was the positive reaction of the community, not necessarily members of the committee, to the opportunity to apply for funding such as solar panels.

 

Finally, the consultants identified key opportunities for improvements, including:

1.    Accountability: Significant community funds raised through Council taxes are being expended on long-term projects that are not subjected to normal community scrutiny.

2.    Probity: The perception of possible probity problems was a constant theme, including:

a.    Use of significant public funds for works on private lands, with recommendations from a committee comprised of a small number of people who were members of the recipient groups; and

b.    Inconsistent application of the scoring guidelines with no committee discussion regarding obvious discrepancies.

3.    Committee Membership: Some community members raised the concern that the membership seemed to be a closed group representing a relatively narrow spectrum of the broader community, and even only a small section of the environmental groups within the LGA.

Each of these matters, and others, are expanded upon in the Detailed Report section.  A summary of recommended actions discussed with management to address the review’s findings is included at Attachment B of the EL Program Review report in the form of an Action Plan.  The Action Plan will be used by Council Officers to guide the design of the new model for the EL Program.

Options:

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

 

1.    Adopt the recommendation provided to Council and therefore adopt the primary recommnedations of the EL Program Review report.  This will allow officers to commence a process to migrate to the recommended new model for the EL Program ready for the funding allocations for the 2018-19 financial year.  A further report outlining the recommended design of the new model based on the EL Program Review report will also be provided.

2.    Amend the recommendation provided to Council and then endorse. There are seven primary recommnedations from the EL Program Review, any of which Council may wish to amend or delete.  As noted in option 1 above, officers will commence a process to migtate to any amended new model for the EL Program and provide a further report on its design.

3.    Reject the recommnedation and continue to operate the EL Program under its current model.  This option will not address the issues which were the catylst for this EL Program Review.

Sustainability Assessment:

•     Environment

The EL Program is currently designed to ensure that environmental strategies as outlined within the Coffs Harbour 2030 Plan “Looking after Our Environment” theme are addressed.  This needs to be reviewed and updated to refer to the new MyCoffs Community Strategic Plan.

 

All funded projects result in beneficial outcomes for the environment of the Coffs Harbour Local Government Area (LGA) and some may have positive flow-on impacts outside the LGA.

•     Social

Currently determination of successful projects is based on assessment criteria, which includes the following:

·    Generate a community benefit;

·    Be community based, and

·    Protect and / or rehabilitate the natural environment.

 

The EL Program Review identifies the need to reserve a stream of funding for community based projects.  This will assist in building community capacity, involvement and ownership of projects, and promote improved environmental outcomes.

•     Civic Leadership

Council’s EL Program seeks to promote sound environmental practices and promotes leadership and involvement in key environmental issues which accords with the Coffs Harbour 2030 Plan strategic theme of “Looking after Our Environment”.  This needs to be reviewed and updated to refer to the new MyCoffs Community Strategic Plan.  Strengthening the program’s links to Council’s Integrated Planning and Reporting Framework generally will demonstrates Council’s leadership by ensuring the EL Program more closely aligns to broader community expectations.

•     Economic – Broader Economic Implications

The EL Program funds environmental projects that would not otherwise be undertaken with revenue funding.

•     Economic - Delivery Program/Operational Plan Implications

The EL Program is funded through a special rate and is accounted for separately.  The amount raised in 2017-18 was $1.323 million.  The EL Program review considers the level of funding adequate and therefore no change to the total funds levied is recommended, other than the normal increases in line with the rate peg.

Risk Analysis:

The EL Program Review report notes several opportunities for improvement in current operation of the EL Program related to accountability and probity.  These include the current EL Committee’s assessment role and private land owners receiving public funds. Primary recommendations 1, 4 and 5 address these opportunities.

 

The report also recommends strengthening the program’s links to Council’s Integrated Planning and Reporting Framework which will ensure the EL Program more closely aligns to broader community expectations. This approach also provides increased transparency to the program.

Consultation:

In preparing their EL Program Review report the consultants interviewed members of the committee, Council officers and several grant applicants/recipients.  The EL Committee currently includes four community representatives, the Mayor, two Councillors and three staff members is an advisory committee of Council. Following the presentation of the discussion draft report an opportunity for feedback was provided to Councillors.  Information gathered from these consultations has informed the recommendations in the EL Program review report.

Related Policy, Precedents and / or Statutory Requirements:

Each year the Environmental Levy Program is formulated concurrent with the preparation of Council’s draft Delivery Program.  Assessment of submissions is undertaken in accordance with Council’s Environmental Levy Policy, which states that submissions are scored on the following criteria:

·    protect and enhance the natural environment;

·    strategic integration;

·    generate a community benefit and be community-based;

·    provide potential to attract outside funding sources; and

·    improve aesthetic quality of our natural environment and / or raise community awareness or education.

 

To be eligible submissions must:

·    address one or more identified key strategies in the Coffs Harbour 2030 Plan ('Looking after Our Environment' theme); and

·    work on private land must prove a 'public benefit' rather than only benefiting an individual or group.

 

The EL Committee which currently undertakes the assessment of submissions is an advisory committee established under section 355 of the Local Government Act 1993.

The adoption of a new model for EL Program will require the review and uodating of the Environmental Levy Policy in line with the recommendations in the EL Program Review report.  At a minimum the policy requires updating for the new MyCoffs Community Strategic Plan.

Implementation Date / Priority:

The recommendation includes a process to commence migration to the new model this year in preparation for the Environmental Levy Program funding allocations for the 2018-19 financial year.  A further report will be provided to Council on the design of the new model for the EL Program.

 

The current term of the community members of the EL Committee expired on 30 June 2017.  If Council adopts the recommendation in this report no reappointment process will be required.

Conclusion:

This report provides Council with EL Program Review report from consultants The Centium Group for formal consideration.  The seven primary recommendations from the report in point 1 of the Recommendation are identical to those in the consultant’s report with minor changes for grammatical and legislative correctness.  It is recommended that Council adopt these primary recommendations and commence a process of migration to the new model for the EL Program.

 

 


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator 


SC17/44       2016-2020 Delivery Program - Six Monthly Report January to June 2017

Author:                        Senior Corporate Planner

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC17/44   2016-2020 Delivery Program 6-Monthly Report January-June 2017  

 

Executive Summary

Under the Local Government Act, Council is required to report six-monthly on its progress against the principal activities detailed in the Delivery Program.

The Six-Monthly Progress Report (for the period 1 January to 30 June 2017) on the Coffs Harbour City Council 2016-2020 Delivery Program is tabled at this time. The Six-Monthly Progress Report identifies achievements and challenges recorded during the reporting period and provides updates on Council services, projects and key operational activities.

There are 231 actions detailed in the six-monthly report. The majority are recorded as being On Track; 32 are listed as Needing Attention, generally reflecting the impacts of external factors.

The report represents the considerable record of achievement by Council and its workforce in delivering positive outcomes for the Coffs Harbour community. The reporting period saw many highlights including:

·    The start of construction of Stages 2-4 of the Jetty4Shores Project;

·    Completion of the five-kilometre-long duplicate Water Trunk Main from Karangi Dam, securing the domestic water supply  to the city;

·    Advanced construction of a new multi-purpose amenity building at Fitzroy Oval in Coffs Harbour’s CBD;

·    A new financial year record (413,000) for passenger numbers at Coffs Harbour Regional Airport;

·    The establishment of three new visitor information outlets as part of the new Coffs Coast Tourism Strategy ;

·    The finalization of contract arrangements to run local waste services for the next decade, reinforcing the region’s position as a recycling and resource management leader;

·    The extension of the successful 6 Degrees co-working initiative to the northern beaches;

·    The successful completion of the MyCoffs consultation project, establishing a new Community Strategic Plan for Coffs Harbour;

·    Extensive road, bridge and cycleway works;

·    Delivery of environmental and sustainability initiatives;

·    Delivery of a range of community, economic and sporting programs.

 

Recommendation:

That Council adopts the attached Six-Monthly Progress Report (for the period 1 January to 30 June 2017) on the Coffs Harbour City Council 2016-2020 Delivery Program for public release.

 

Report

Description of Item:

Coffs Harbour City Council began implementing its 2016-2020 Delivery Program on 1 July 2016. The Delivery Program must include a method of assessment to determine the effectiveness of Council’s principal activities in achieving the objectives of the Coffs Harbour Community Strategic Plan. Progress reports must be provided to Council at least every six months. While it is a legislative requirement, the Six-Monthly Progress Report also represents a valuable opportunity for the organisation to evaluate its performance and account to the local community.

The Six-Monthly Progress Report (for the period 1 January to 30 June 2017) on the Coffs Harbour City Council 2016-2020 Delivery Program is tabled at this time. Once adopted, the 6-monthly Report will be posted on Council’s website and printed copies will also be made available at Council’s display locations.

Issues:

The Six-Monthly Progress Report is an overview of Council’s activities that respond to the objectives and strategies of the Coffs Harbour Community Strategic Plan. It refers to the period 1 January to 30 June 2017.

In the 2016-2020 Delivery Program, Council details a range of actions (projects and ongoing tasks) that are aligned with one or more of the Strategies that are set out in the Community Strategic Plan.

The updates include ‘traffic lights’ which indicate whether an action is On Track (green light), Needs Attention (orange light), or Critical (red light). A grey traffic light indicates that an action is On Hold - in these cases, the action may be yet to start, not active this reporting cycle, or awaiting funding or the outcome of other processes including the development of data systems.

During the period, progress reports were submitted for a total of 231 actions implemented by Council. The updates indicate the majority of actions are On Track. A total of 32 actions are recorded as Needing Attention, these reflect resourcing/workload issues, delays associated with the introduction of new systems or processes, and/or the impact of external factors. Progress reports indicate how it is proposed to bring these actions back On Track.

The report represents the considerable record of achievement by Council and its workforce in delivering positive outcomes for the Coffs Harbour community. The reporting period saw many highlights including:

·    The start of construction of Stages 2-4 of the Jetty4Shores Project;

·    Completion of the five-kilometre-long duplicate Water Trunk Main from Karangi Dam, securing the domestic water supply  to the city;

·    Advanced construction of a new multi-purpose amenity building at Fitzroy Oval in Coffs Harbour’s CBD;

·    A new financial year record (413,000) for passenger numbers at Coffs Harbour Regional Airport;

·    The establishment of three new visitor information outlets as part of the new Coffs Coast Tourism Strategy ;

·    The finalization of contract arrangements to run local waste services for the next decade, reinforcing the region’s position as a recycling and resource management leader;

·    The extension of the successful 6 Degrees co-working initiative to the northern beaches;

·    The successful completion of the MyCoffs consultation project, establishing a new Community Strategic Plan for Coffs Harbour;

·    Extensive road, bridge and cycleway works;

·    Delivery of environmental and sustainability initiatives;

·    Delivery of a range of community, economic and sporting programs.

Options:

As this report is to enable compliance with a legislative requirement and the public release of an information resource for Council and the community, an option analysis is not required.

Sustainability Assessment:

•     Environment

Apart from printing and energy costs associated with compiling the report, there are no environmental impacts flowing from the preparation of the Six-Monthly Progress Report (for the period 1 January to 30 June 2017) on the Coffs Harbour City Council 2016-2020 Delivery Program. However, the report considers Council’s progress and performance in regard to the delivery of environmental strategies for the Coffs Harbour local government area.

•     Social

Similarly, the report considers Council’s progress and performance in regard to the delivery of social strategies for the Coffs Harbour local government area. The preparation and publication of the report is consistent with Council’s commitment to accountability to the community.

•     Civic Leadership

The Integrated Planning and Reporting Framework enables Council to identify and respond to community aspirations and co-ordinate the provision of appropriate works and services to help achieve the objectives of the Community Strategic Plan (CSP). This is consistent with the CSP strategy LC3.1: Council supports the delivery of high quality, sustainable outcomes for Coffs Harbour.

•     Economic – Broader Economic Implications

The report considers Council’s progress and performance in regard to the delivery of strategies aimed at stimulating the economic sustainability of the Coffs Harbour local government area.

•     Economic - Delivery Program/Operational Plan Implications

The annual development and review of the Delivery Program and Operational Plan are accommodated within Council’s budget structure. This expenditure is monitored through Council’s monthly and quarterly budget reviews.

Risk Analysis:

The preparation of a Six-Monthly Progress Report is a legislative requirement. A risk analysis is not applicable in this instance.

Consultation:

The preparation of this report involved engagement with Executive Leadership, Group Leaders and staff responsible for reportable actions across Council.

Related Policy, Precedents and / or Statutory Requirements:

Section 404 of the Local Government Act 1993 applies. In summary, it requires that:

•    A council must have a Delivery Program, detailing the principal activities it will undertake to achieve the objectives established in the Community Strategic Plan, within the resources available under the Resourcing Strategy.

•    The Delivery Program must include a method of assessment to determine the effectiveness of each principal activity detailed in the Delivery Program in achieving the objectives at which the activity is directed.

•    The General Manager must ensure that progress reports are provided to the council, with respect to the principal activities detailed in the Delivery Program, at least every 6 months.

Implementation Date / Priority:

If adopted by Council, the Six-Monthly Progress Report (for the period 1 January to 30 June 2017) on the Coffs Harbour City Council 2016-2020 Delivery Program will be published as soon as it is practical to do so.

Conclusion:

The Six-Monthly Progress Report (for the period 1 January to 30 June 2017) on the Coffs Harbour City Council 2016-2020 Delivery Program identifies specific achievements or challenges recorded during the reporting period and provides updates on Council Services, projects and key operational activities.

 

While it satisfies a legislative requirement, the report is a valuable resource to assist the community to understand what Council does and how effective it is in helping to achieve the objectives of the Coffs Harbour Community Strategic Plan.

 

It is recommended that Council adopt the report for public release.

 


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


SC17/45       Planning Proposal: North Boambee Valley (West) Residential Investigation Area

Author:                        Planner / Urban Designer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC17/45   Planning Proposal - North Boambee Valley (West) Residential Investigation Area - Version 1 Pre-Gateway Determination - June 2017

ATT2  SC17/45   Proposed Draft Amendments to Coffs Harbour Development Control Plan 2015 

ATT3  SC17/45   Draft North Boambee Valley (West) Developer Contributions Plan 2017  

 

Executive Summary

The purpose of this report is to present Council with a revised Planning Proposal (PP) for the North Boambee Valley (West) Investigation Area. The original Planning Proposal (PP_2013_COFFS_004_00) has been the subject of previous Council reports, the most recent being 10 December 2015.

This report discusses actions which have been undertaken since that date, and seeks to progress a revised PP to achieve the creation of residential land within the northern section of the North Boambee Valley (West) Investigation Area. The PP has been revised based on the outcomes of additional studies, with the key amendments being:

-     Revision of the extent of the proposed residential precinct with an estimated yield of 820 new low density residential allotments;

-     Removal of the proposed industrial precinct from the PP as this land will now be considered as part of a separate PP for the southern part of the North Boambee Valley (West) Investigation Area following resolution of flood impacts and via a future report to Council;

-     Rationalisation of the extent of Zone E2 Environmental Conservation and introduction of Zone E3 Environmental Management under the provisions of Coffs Harbour Local Environmental Plan (LEP) 2013.

Council has been advised by NSW Planning & Environment (P&E) that the most appropriate means to progress the planning strategy for North Boambee Valley (West) is to prepare a revised PP, given that the content of the PP has undergone substantial changes and covers a reduced area. NSW Planning & Environment have also advised that the original supporting reports and assessments can be appended to the PP, despite these documents applying to the broader North Boambee Valley (West) Investigation Area.

Based on that advice, this report recommends that Council relinquish the current active Planning Proposal (PP_2013_COFFS_004_00) and submit a revised PP (Attachment 1) to P&E requesting the issue of a Gateway Determination to allow the revised Planning Proposal to be placed on public exhibition. Amendments will also need to be made to Coffs Harbour Development Control Plan (DCP) 2015 (Attachment 2) and a draft North Boambee Valley (West) Developer Contributions Plan 2017 has been prepared (Attachment 3) to accompany the PP. These documents will be exhibited concurrently with the PP, subject to endorsement by Council and the terms of P&E’s Gateway Determination.

 

Recommendation:

That Council:

1.   Relinquish the active Planning Proposal PP_2013_COFFS_004_00 for North Boambee Valley (West) Investigation Area.

2.   Endorse and forward a revised Planning Proposal to NSW Planning and Environment seeking a ‘Gateway Determination’ for the rezoning of parts of the North Boambee Valley (West) Investigation Area for residential purposes (Attachment 1).

3.   Subject to the ‘Gateway Determination’ from NSW Planning and Environment, place the revised Planning Proposal on public exhibition.

4.   Subject to the ‘Gateway Determination’ from NSW Planning and Environment, place proposed amendments to Coffs Harbour Development Control Plan and associated maps on public exhibition (Attachment 2).

5.   Subject to the ‘Gateway Determination’ from NSW Planning and Environment, place Draft North Boambee Valley (West) Developer Contributions Plan on public exhibition (Attachment 3).

6.   Consider a further report, concerning the outcome of the public exhibition.

7.   Endorse in principle the forward funding of a detention basin to service the needs of the North Boambee Valley (West) residential planning area, subject to further investigation and reporting to Council to confirm the location, size and performance requirements for the detailed design and cost of construction of the basin.

8.   Consider a further report, addressing the planning strategy for the parts of North Boambee Valley (West) Investigation Area which are not subject to the revised Planning Proposal.

9.   Inform landowners in the North Boambee Valley (West) Investigation Area of Council’s resolutions.

 

Report

Description of Item:

The original Planning Proposal (PP) PP_2013_COFFS_004_00 for North Boambee Valley (West) was reported to Council on 18 December 2014, with Council resolving the following:

1.   Council endorse and forward the subject Planning Proposal to NSW Planning and Environment seeking a "Gateway Determination" for the rezoning of parts of the North Boambee Valley (West) Investigation Area.

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

3.   Subject to the "Gateway Determination" from NSW Planning and Environment, Council place the Draft Coffs Harbour Development Control Plan (Component E16) North Boambee Valley (West) on public exhibition.

4.   Subject to the "Gateway Determination" from NSW Planning and Environment, Council place the Draft North Boambee Valley (West) Developer Contribution Plan on public exhibition.

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

6.   Landowners in the North Boambee Valley (West) Investigation Area be informed of Council’s decision.

The PP was subsequently referred to P&E on 5 February 2015. P&E issued a conditional Gateway Determination on 11 April 2015, permitting the public exhibition of the PP. Under the terms of the Gateway Determination, P&E issued an authorisation for Council to exercise its delegation to make the subsequent amendment to Coffs Harbour Local Environmental Plan (LEP) 2013. The exhibited PP included:

-    a new residential precinct (of approximately 88 hectares) accessed by North Boambee Road;

-    a new industrial precinct (of approximately 37 hectares) accessed by a proposed link road between North Boambee Road and Englands Road; and

-    a revision of the extent of Zone E2 Environmental Conservation under Coffs Harbour Local Environmental Plan (LEP) 2013.

The PP was placed on public exhibition from 29 April 2015 to 27 May 2015. Council received a total of 12 submissions, consisting of seven from the community and five from Government agencies. The outcome of the exhibition was reported to Council on 10 December 2015. That report discussed the issues raised by the community and Government agencies during the public exhibition period, including:

-    potential impacts of a proposed quarry haul road;

-    provision of a stormwater detention basin and options for funding;

-    implications of predicted traffic increases; and

-    a requirement by Roads and Maritime Services (RMS) for further traffic modelling to be undertaken.

At that meeting of 10 December 2015, Council resolved:

That the matter be deferred subject to further information being provided.

In response to Council’s resolution, Council has undertaken additional investigations comprising ongoing consultation with Government agencies and the community, including:

-    a micro traffic modelling report (required by NSW Roads & Maritime Services);

-    a review of Indigenous Cultural Heritage (undertaken by Coffs Harbour & District Local Aboriginal Lands Council);

-    Council’s adoption of the Boambee Newports Creek Flood Risk Management Study and Plan;

-    a review of the extent of the proposed rezoning; and

-    requirement to forward fund a large detention basin.

This report presents a revised PP to the original PP that was placed on public exhibition based on the additional investigations that have been carried out, and covering just the residential planning area component.

The Locality and Planning Area:

Figure 1 illustrates the extent of the broader North Boambee Valley (West) Investigation Area.

Figure 1 – North Boambee Valley (West) Investigation Area

Figure 2 illustrates the original PP which was exhibited during 2015, including the proposed industrial precinct (shown in purple).

Figure 2 – North Boambee Valley (West): Original Planning Proposal (as exhibited)

Figure 3 illustrates the extent and existing land use zones of the revised North Boambee Valley (West) Residential Planning Area, which is located in the north-eastern part of the broader Investigation Area.

Figure 3 – North Boambee Valley (West) revised Residential Planning Area with current land use zones

The revised residential planning area is approximately 140 hectares in area and is situated approximately four kilometres south-west of the Coffs Harbour Central Business District. The eastern extent of the revised planning area is bounded by the proposed Pacific Highway bypass and existing land already within Zone R2 Low Density Residential under Coffs Harbour LEP 2013.

Proposed Zones

Should Council resolve to adopt this PP (Attachment 1), the proposed changes to Coffs Harbour LEP 2013 will consist of:

-      Zoning of approximately 94 hectares of land as Zone R2 Low Density Residential;

-      Zoning of approximately 16 hectares of land as Zone E2 Environmental Conservation;

-      Zoning of approximately 18 hectares of land as Zone E3 Environmental Management; and

-      Zoning of approximately 2.6 hectares of land as Zone RE1 Public Recreation.

The proposed Zone RE1 Public Recreation under Coffs Harbour LEP 2013 is in proximity to the North Boambee Valley (East) precinct and is of a sufficient size to accommodate a range of structured and passive recreational activities.

Figure 4 shows the extent of the proposed zones, as described in the revised PP.

Figure 4 – North Boambee Valley (West): Draft proposed land use zones (revised)

A draft Masterplan has been prepared to guide future development within the North Boambee Valley (West) planning area, including an indicative road layout, a formal pedestrian/cycle shareway which links the planning area to the Pacific Highway, and indicative locations for future neighbourhood facilities. The draft Masterplan is included in draft Chapter G8A North Boambee Valley (West) of proposed draft amendments to Coffs Harbour DCP 2015 (Attachment 2).

Additional Attribute Mapping

The revised Planning Proposal will also necessitate updating the Lot Size Map (LSZ), Terrestrial Biodiversity Map (CL2), and Land Reservation Acquisition Map (LRA) attribute maps in Coffs Harbour LEP 2013. These draft attribute maps form part of the proposed rezoning and will be exhibited accordingly should Council resolve to progress the PP and should P&E endorse the exhibition via Gateway Determination.

Expected Lot Yields

After environmental considerations and economic feasibilities were taken into account by the technical studies which informed the revised PP, an estimated yield of 820 new low density residential allotments is expected to be realised in the residential planning area subject to the revised PP. These lots are proposed to be Zone R2 Low Density Residential under Coffs Harbour LEP 2013 (with a minimum lot size of 400m2) as outlined in the PP.

The original exhibited PP included Zone R3 Medium Density Residential land under Coffs Harbour LEP 2013 on North Boambee Road. Following further review of this proposed zone, it was determined that the locality is not in proximity to existing services and would not be in keeping with the remainder of the residential precinct. This land is now proposed to be Zone R2 Low Density Residential under Coffs Harbour LEP 2013. This change does not have a significant impact on the estimated lot yield which can be generated within the residential precinct.

Issues:

-     Strategy Timeframes

The North Boambee Valley (West) Investigation Area is identified by the Coffs Harbour Local Growth Management Strategy (LGMS) Urban Lands Component 2008 as a Priority 1 (Short Term 2006-2011) Special Investigation Area. In this regard, the timing of this proposal is consistent with the strategic timeframes within Council’s LGMS.

It is also noted that the land is an identified urban growth area in the recently released North Coast Regional Plan 2036 prepared by P&E.

-     Findings of the Technical Studies

The technical studies which inform the revised PP prepared for the North Boambee Valley (West) Investigation Area (in October 2014) identify and address constraints in each candidate area. Specific assessments included ecology, flood prone land, acoustics, buffers to the rock quarry,  acid sulfate soils, topography, geotechnical assessment, potentially contaminated land, bushfire risk, traffic movement and access considerations, servicing considerations, European and indigenous cultural heritage and a visual amenity assessment.

The environmental studies recommend that land with high ecological value within the North Boambee Valley (West) Investigation Area be included in Zone E2 Environmental Conservation under Coffs Harbour LEP 2013. It is also proposed to establish land within Zone E3 Environmental Management under Coffs Harbour LEP 2013 to provide for areas of compensatory habitat and long term interconnection between retained areas within the proposed Zone E2 Environmental Conservation under Coffs Harbour LEP 2013.

The extent of land which is currently within Zone E2 Environmental Conservation under Coffs Harbour LEP 2013 has been rationalised and considered in the overall context of the proposed residential development of the North Boambee Valley (West) Investigation Area. Lands identified as comprising high terrestrial biodiversity and/or watercourse values are afforded additional protection through Clauses 7.4 Terrestrial Biodiversity and 7.6 Riparian Land and Watercourses of Coffs Harbour LEP 2013.

-     Economic Feasibility

The technical studies supporting the revised PP include engineering and economic feasibility analysis to identify the future subdivision potential for low density residential development within the North Boambee Valley (West) Investigation Area. These investigations have determined that future subdivision potential is limited by the existing subdivision pattern and the location of existing dwellings; flood prone land and flood mitigation; and the location of land considered to be of environmental significance.

Provision of new infrastructure will be required for new residential development in North Boambee Valley (West), including new or upgraded roads; flood mitigation and filling of flood prone land; reticulated water and sewer services; and neighbourhood parks. The draft North Boambee Valley (West) Developer Contributions Plan (Attachment 3) provides a mechanism to fund infrastructure for the orderly residential development of North Boambee Valley (West).

-     Council Resolution of 10 November 2015

As stated earlier in this report, at Council’s Ordinary Meeting of 10 November 2015, Council resolved that the matter be deferred subject to further information being provided. In response to this resolution, Council has undertaken additional investigations comprising consultation with Government agencies and the community. This work has included preparation of:

-    A micro traffic modelling report (required by NSW Roads & Maritime Services);

-    A review of Indigenous Cultural Heritage (undertaken by Coffs Harbour & District Local Aboriginal Lands Council); and

-    A review of the content of the proposed rezoning, and

-    Feasibility of forward funding options for a large detention basin.

It is considered that the additional work undertaken provides Council with sufficient information to progress the revised PP for the residential component of the investigation area.

-     Reduction in the Extent of the Planning Area

Following review of the original PP and completion of additional investigations, it has been determined that it is not feasible to include the industrial precinct in the planning area for the PP at this point in time.

Council has applied for grant funding (see discussion later in this report) to undertake investigation and design of a large detention basin to mitigate flooding in the southern section of the North Boambee Valley (West) Investigation Area, and downstream at the hospital. Due to the uncertainty of this funding and unknown timeframe it is considered that the planning strategy for the industrial precinct should be addressed as part of a separate PP pending the outcome of the grant application and further investigation and design.

The extent of the planning area subject to the revised PP has therefore been amended by the removal of the industrial precinct south of North Boambee Road. The proposed residential precinct has been retained in the revised Planning Proposal as flood impacts in this precinct can feasibly be mitigated.

The revised residential precinct consists of approximately 94 hectares of land proposed as Zone R2 Low Density Residential under Coffs Harbour LEP 2013, which is approximately five additional hectares of residential land to that in the original (exhibited in 2015) PP. The original PP also included approximately six hectares of land as Zone R3 Medium Density Residential under Coffs Harbour LEP 2013 on North Boambee Road. This zoning has since been revised to Zone R2 Low Density Residential under Coffs Harbour LEP 2013 given that North Boambee Valley (West) is:

-    Not in close proximity to major service centres (such as Coffs Harbour CBD);

-    Existing development in the broader locality is primarily low density residential housing; and

-    The projected population is not in character with medium density housing precincts in established centres.

Additionally, land that is already within Zone R2 Low Density Residential under Coffs Harbour LEP 2013 has been excluded from the planning area subject to the revised PP. However this existing residential land has been included in draft Chapter G8A North Boambee Valley (West) of Coffs Harbour DCP 2015 (Attachment 2) and draft North Boambee Valley (West) Developer Contributions Plan 2017 (Attachment 3), as they are integral to the new urban release area and associated infrastructure under the revised PP.

-     Proposed Detention Basins / Flood Mitigation

Provision of flood mitigation works and filling of flood prone land is critical to development taking place in the North Boambee Valley (West) planning area. The draft Masterplan exhibited with the original PP in 2015 identified possible locations for detention basins as follows:

1.   One large detention basin (Detention Basin 1 on the exhibited Masterplan). This was situated to alleviate flooding events in both the proposed residential and industrial precincts, and it also offered significant benefits to mitigation of flooding in the wider Boambee-Newports creek catchment including the recently upgraded North Boambee Road/Pacific Highway intersection and Coffs Harbour Health Campus; or

2.   Two separate smaller detention basins (Detention Basins 2 and 3 on the exhibited Masterplan) which independently provide detention for the proposed residential and industrial precincts respectively. Detention Basin 2 provides benefits to the proposed residential area that is the subject of this revised PP.

On 9 June 2016, Council adopted the Boambee Newports Creek Flood Risk Management Study and Plan which includes recommendations to provide flood mitigation measures for the broader North Boambee Valley West Investigation Area, including the construction of a large detention basin described in Point 1 above. The total capital cost to construct this detention basin (which will provide flood mitigation for the wider Boambee - Newports Creek catchment) was estimated in 2015 as approximately $9.4 million. Approximately 22% of the total volume of this detention basin is required to compensate for the broader North Boambee Valley (West) Investigation Area. The remaining volume provides downstream flood mitigation benefits and offsets the proposed highway embankment. Council’s adoption of the Study and Plan means that Council has been able to apply for grant funding for the initial investigation and design phase of this detention basin through the Office of Environment and Heritage Floodplain Management Program 2015-2016. This grant application is currently being assessed.

Due to the high costs associated with this large detention basin and the uncertainty associated with the funding and timeframes for investigation, design and construction, the revised PP comprises the residential component only and is reliant on the provision of a smaller detention basin (described as Detention Basin 2 above) and filling of flood prone land to maximise residential development within the revised planning area. This basin (and basin wall) is proposed to be situated in a similar location to Detention Basin 2 exhibited with the original planning proposal.

The cost of this smaller detention basin is estimated at approximately $2.8 million which is a substantial investment in infrastructure. It will be necessary for Council to forward fund this detention basin, which is a financial risk to Council due to the uncertain timing of development taking place. The cost of this detention basin is included in the draft North Boambee Valley (West) Developer Contributions Plan (Attachment 3) to enable the funds to be recovered as the North Boambee Valley (West) planning area is developed. It is also recommended that further investigation be undertaken to confirm the location, size and performance requirements for the design and construction of the basin.

The industrial precinct which was included in the original PP has been removed from the revised planning area, as it is reliant on flood mitigation from the large detention basin described in Point 1 above. It is proposed that the industrial precinct is progressed through a separate PP depending on the outcome of a future grant funding application for its construction.

-     Potential Impacts on Traffic Movement

When the original PP was exhibited, Council referred it to Government agencies seeking feedback. NSW Roads and Maritime Services (RMS) was concerned that the traffic modelling which supported the PP indicated that the Englands Road approach to the Pacific Highway would be at full capacity after development of North Boambee Valley (West). RMS considered that scenario to be unsatisfactory as the likely result would place increased demand on the North Boambee Road/Pacific Highway intersection as road users are likely to avoid the Englands Road intersection. RMS recommended that demand traffic modelling be undertaken, focusing on the Englands Road and North Boambee Road intersections to the Pacific Highway.

To address the issues raised by RMS, Council engaged consultants GTA to undertake a demand traffic modelling exercise. The modelling demonstrated limitations to the intersections that connect to the Pacific Highway and that further improvements would be required to the road network for it to perform in a manner similar to the current day. The traffic modelling exercise has also demonstrated that key improvements to facilitate the anticipated demands include provision of additional capacity, in the form of additional turning lanes at the Englands Road and North Boambee Road intersections with the Pacific Highway.

The GTA report was referred to RMS for comment. RMS have confirmed that the findings (and methodology) of the GTA report suitably addressed the issues that were initially raised by the Agency.

The PP is supported by proposed amendments to Coffs Harbour DCP 2015 (Attachment 2), including a draft Chapter G8A North Boambee Valley (West). This draft chapter includes a requirement for the timely upgrade of the intersection at North Boambee Road and Pacific Highway. In addition, the costs of upgrading the intersection at North Boambee Road and Pacific Highway in a timely manner are addressed in Draft North Boambee Valley (West) Developer Contributions Plan 2017 (Attachment 3).

The North Boambee Valley (West) Masterplan (contained within Attachment 2) identifies a conceptual road network, road hierarchy and pedestrian/cycleway strategy for the North Boambee Valley (West) Planning Area. This road hierarchy comprises three categories of road design, which reflect the location and function of the roads. The categories are:

·    Major Living Streets;

·    Minor Living Streets; and

·    An upgrade of North Boambee Road.

Draft Chapter G8A North Boambee Valley (West) of Coffs Harbour Development Control Plan 2015 (Attachment 2) includes the Masterplan and cross-section designs for the road hierarchy categories. The hierarchy and cross-sections have been designed to enable safe and efficient access to North Boambee Road from all proposed residential areas, and safe access for properties which face the northern and southern sides of North Boambee Road.

-     Zone E3 Environmental Management

The revised PP includes Zone E3 Environmental Management under Coffs Harbour LEP 2013 which provides a buffer between residential precincts and waterways/riparian areas. Proposed Zone E3 Environmental Management under Coffs Harbour LEP 2013 also identifies land which is not considered suitable for residential development; however has potential for environmental benefits such as habitat links or land that has visual/scenic amenity values. Proposed Zone E3 Environmental Management under Coffs Harbour LEP 2013 is sourced from the Standard Instrument – Principal Local Environmental Plan and is to be applied to areas that may not necessarily contain extensive areas of high ecological, scientific, cultural or aesthetic values but none the less require careful consideration and/or management.

The E3 Environmental Management Zone has been applied consistent with the NSW Planning and Environment’s guidelines for zoning lands which are of environmental significance.

Introduction of Zone E3 Environmental Management under Coffs Harbour LEP 2013 will require amendment to other relevant clauses in Coffs Harbour LEP 2013 such as: Part 2 (Permitted or prohibited development, and addition of E3 zone objectives and uses to the Land Use Table), Part 4 (Principal development standards), Part 7 (Additional local provisions) and Schedule 2 (Exempt development). These matters are addressed in the Planning Proposal (Attachment 1).

The E3 Environmental Management zones will allow low-key residential uses including dwelling houses, bed and breakfast accommodation, home-based child care and ecotourism. More intensive levels of residential use (eg multi-dwelling housing, residential flat buildings) are proposed to be prohibited uses in the E3 Environmental Management zone.

-     Review of the North Boambee Valley (West) Cultural Heritage Assessment

The NSW Office of Environment and Heritage (OEH) provided a submission during the exhibition period of the original planning proposal in which it requested that consultation be undertaken with the Coffs Harbour and District Local Aboriginal Lands Council (LALC). During this consultation, the LALC advised Council that the cultural heritage component of the technical studies did not sufficiently address both tangible and intangible cultural heritage values.

In response to this matter, Council subsequently engaged the LALC to prepare an additional Cultural Landscape Survey to supplement the findings of the initial Indigenous Cultural Heritage assessment. Extensive consultation has been undertaken between Council and the LALC Cultural Heritage team. This work has been completed as requested and to the satisfaction of the LALC’s Elders Committee.

No objection has been raised by the LALC to the revised Planning Proposal.

-     Draft Chapter G8A North Boambee Valley (West) of Coffs Harbour Development Control Plan 2015

Draft Chapter G8A North Boambee Valley West of Coffs Harbour DCP 2015 (Attachment 2) has been prepared to assist proponents in the preparation of development applications for development in the planning area. This draft chapter of the DCP includes a Masterplan and associated planning requirements which address:

-    Environmental buffers and habitat links;

-    Concept road network and street hierarchy;

-    Servicing requirements;

-    Visual amenity provisions;

-    Open space requirements; and

-    Concept plan for land acquisitions.

Draft Chapter G8A North Boambee Valley West of Coffs Harbour DCP 2015 is to be referred to by applicants in conjunction with other relevant chapters of Coffs Harbour DCP 2015.

It is proposed that draft Chapter G8A North Boambee Valley (West) of Coffs Harbour DCP 2015 will be placed on public exhibition concurrently with the revised Planning Proposal, pending endorsement by NSW Planning and Environment under the terms of the Gateway Determination.

-     Draft Coffs Harbour Development Control Plan 2015 mapping

Relevant maps within Coffs Harbour DCP 2015 will also require amendment to reflect the proposed changes to landuse zones within the residential planning area. The draft amendments to the DCP maps are detailed in Attachment 2.

In summary, these changes include updates to Coffs Harbour Development Control Plan 2015 Density Map; Front Setbacks Map; Side and Rear Setbacks Map; and Preservation of Vegetation Map to reflect changes in land use zones associated with the PP.

The provisions of the revised maps will become effective when the LEP Amendment for North Boambee Valley West (Residential Component) is made by the Minister for Planning.

-     Draft North Boambee Valley (West) Developer Contributions Plan 2017

A draft Developer Contributions Plan (Attachment 3) has been prepared for the planning area which addresses funding of public infrastructure that will be required for the planning area, in the course of development in North Boambee Valley (West).

Other objectives of the draft Developer Contributions Plan are to:

-    Ensure that an adequate level of public infrastructure is provided within the North Boambee Valley (West) Release Area as development occurs.

-    Ensure that the existing community is not burdened by the provision of public facilities required as a result of future development.

-    Provide a comprehensive strategy for the assessment, collection, expenditure, accounting and review of development contributions on an equitable basis throughout the North Boambee Valley (West) Investigation Area.

-    Enable Council to recoup funds that it has spent in the provision of public facilities and infrastructure resulting from future development.

The draft North Boambee Valley (West) Developer Contributions Plan is based on a projected population increase of approximately 2,132 persons in the proposed residential area. A summary of the calculated contribution rates is shown in Figure 6.

Service / Facility

Net Cost to be Levied

$

Per Lot

Or large dwelling

$

Per Small Dwelling

$

Transport & Traffic

-   -Cycleway

-   Road Construction

 

6,906,025

 

8,421.98

 

5,895,38

Neighbourhood Open Space

400,000

487.80

341.46

Local Open Space

1,368,750

1,669.21

1,168.44

Development Studies

183,600

223.90

156.73

Flood Mitigation Works

2,798,208

3,412.45

2,388.72

Total Section 94 Contributions

11,656,763

14,215.34

9,950.73

Figure 6 – Projected Developer Contribution rates

The draft North Boambee Valley (West) Developer Contributions Plan also considers the provision of new infrastructure, such as a stormwater detention basin which will require forward funding from Council. The costs of this infrastructure will be recovered by developer contributions in the residential precinct. Council may be in a position to apply for grant funding to assist the funding of its construction.

Options:

Council has a number of options available to the revised Planning Proposal. They include:

1.   Council relinquishes the current active Planning Proposal (PP_2013_COFFS_004_00), and submits a revised Planning Proposal (Attachment 1) to NSW Planning & Environment requesting the issue of a Gateway Determination to allow the revised Planning Proposal to be placed on public exhibition.

Comment: Flood mitigation for residential development is addressed by a detention basin shown on the draft Masterplan (within Attachment 2). Council would need to commit to forward fund the detention basin and acquisition of easements at a cost of $2.8 million including interest on borrowings. This course of action is considered by NSW Planning & Environment to be the most appropriate means to progress the revised Planning Proposal.

2.   Resolve to undertake an alternative approach to the revised Planning Proposal (Attachment 1).

Comment: Alternatives (and their implications) have not been considered in this report. The technical studies to the revised Planning Proposal (Appendices of Attachment 1) are supportive of the approach described by Option 1.

3.   Resolve not to continue with the revised Planning Proposal (Attachment 1) at this point in time.

Comment: Option three is not consistent with Council’s adopted Local Growth Management Strategy or the North Coast Regional Plan 2036.

Option 1 is considered to be the most appropriate course of action, as this will provide for the development of North Boambee Valley (West) consistent with Council’s Local Growth Management Strategy and the North Coast Regional Plan 2036.

Sustainability Assessment:

•     Environment

Environmental sustainability issues are addressed by the North Boambee Valley (West) Planning Proposal and include flora and fauna assessment; acid sulfate soils analysis; geotechnical assessment; bushfire hazard management report; flood prone land assessment; visual and acoustic analysis; contaminated land assessment; and archaeology (Indigenous and Post-settlement).

•     Social

Social sustainability issues are addressed by the North Boambee Valley (West) Planning Proposal and include provision of water and sewer services; visual and acoustic analysis; provision of public open space; and opportunities for employment.

•     Civic Leadership

Civic leadership is demonstrated in this report by the Planning Proposal addressing the following themes and indicators described in Council’s ‘My Coffs’ Community Strategic Plan (adopted 2017):

  A2.1: We support our community to lead healthy active lives

  C1.1: We create liveable spaces that are beautiful and appealing.

  C1.2: We undertake development that is environmentally, socially and economically responsible.

  C2.1: We protect the diversity of our natural environment.

  C2.2: We use resources responsibly to support a safe and stable climate.

  D1.2: We undertake effective engagement and are informed.

  D2.1: We effectively manage the planning and provision of regional public services and infrastructure.

•     Economic – Broader Economic Implications

Any development generated by the revised Planning Proposal and subsequent Local Environmental Plan amendment will require significant provision of new infrastructure in North Boambee Valley (West), which will be funded by developer contributions in the residential precinct.

A decision to forward fund the provision of a small detention basin to service the proposed residential precinct is a significant investment in infrastructure. However, it is anticipated that all costs will be recovered through s.94 developer contributions over time.

A planning strategy for the remainder of the North Boambee Valley (West) Investigation Area, including flood mitigation measures for the industrial precinct will be considered when the outcome of Council’s application for grant funding (previously discussed in this report) has been determined.

•     Economic - Delivery Program/Operational Plan Implications

This Planning Proposal is included in Council’s Operational Plan. There will be no immediate impact on the Operational Plan if the Planning Proposal is continued.

Risk Analysis:

North Boambee Valley (West) is a key precinct in the context of Council’s Local Growth Management Strategy. For development to commence in a timely manner, forward funding will be required for major infrastructure, being the construction of a detention basin located at the western extent of the planning area as shown on the Masterplan (within Attachment 2) and discussed earlier in this report.

The draft North Boambee Valley (West) Developer Contributions Plan (Attachment 3) estimates this cost to be approximately $2.8 million, which includes interest on borrowings. This estimate includes costs to create easements on affected properties.

The construction of the detention basin is required before development can take place. Financing this infrastructure will require forward funding from Council, with monies to be recovered through Section 94 contributions. Stormwater management issues must be addressed to provide a flood-free environment for the proposed residential development precincts described by the Planning Proposal.

A detailed concept design for the proposed detention basin has not been completed. If Council commits to forward fund the detention basin, detailed design and quantity surveyor estimates will be provided to Council for endorsement in a future report prior to seeking loan funds. It is also recommended that further investigation be undertaken to confirm the location, size and performance requirements for the design and construction of the basin.

Should Council borrow funds for infrastructure, the borrowings will include a component for interest. Borrowing to facilitate the provision of infrastructure has a high risk as the timing for income streams from developer contributions to meet loan repayments is uncertain. The draft North Boambee Valley (West) Developer Contributions Plan (Attachment 3) has indicated a projected amount of approximately $870,000 interest (at 4% rate over 20 years). The actual cost will be dependent on prevalent economic conditions.

Other Infrastructure requirements are funded through the draft North Boambee Valley (West) Developer Contributions Plan.

Consultation:

As discussed previously in this report, the original Planning Proposal (PP_2013_COFFS_004_00), draft Development Control Plan and draft Contributions Plan were placed on public exhibition from 29 April 2015 to 27 May 2015. The submissions made during this exhibition period were reported to Council at its Ordinary Meeting of 10 December 2015. Council has also begun preliminary consultation with landholders in relation to proposed Zone E3 Environmental Management under Coffs Harbour LEP 2013.

The revised Planning Proposal has been prepared in consultation with relevant sections within Council. Should Council resolve to proceed as per the recommendations of this report, the revised Planning Proposal will be exhibited under the provisions of the Environmental Planning and Assessment Act 1979, and in accordance with the terms of the Gateway Determination issued by NSW Planning & Environment.

Related Policy, Precedents and / or Statutory Requirements:

The following policies and statutory instruments 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;

·    Our Living City Settlement Strategy 2009;

·    North Boambee Valley (West) Structure Plan 2010;

·    Coffs Harbour Industrial Lands Strategy (2009);

·    Planning for Bush Fire Protection 2006;

·    North Coast Regional Plan 2036;

·    Environmental Planning and Assessment Act 1979 and Regulations;

·    ‘My Coffs’ Community Strategic Plan (2017);

·    Land Use Conflict in Rural Areas;

·    Coffs Harbour City Koala Plan of Management 1999; and

·    Section 117 Ministerial Directions.

The revised Planning Proposal and associated technical Studies have been prepared in accordance with the Environmental Planning & Assessment Act 1979 and Regulations 2000.

Implementation Date / Priority:

The timeframe to complete a Planning Proposal is established in the Gateway Determination issued by NSW Planning and Environment.

NSW Planning and Environment requires the Planning Proposal (post-exhibition) to be submitted a minimum of six weeks prior to the date specified on the Gateway Determination to allow for sufficient time for the Local Environmental Plan Amendment to be drafted and finalised by NSW Planning and Environment.

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

August 2017                                     Planning Proposal provided to NSW Planning and Environment requesting Gateway Determination.

October - November 2017              Public Exhibition / Consultation period.

January 2018                                   Report to Council for determination of the Planning Proposal.

January - February 2018                 Submission to NSW Planning and Environment, requesting the making of the Local Environmental Plan Amendment.

Conclusion:

The revised Planning Proposal to amend Coffs Harbour LEP 2013 will allow for serviced residential development to be undertaken in parts of the North Boambee Valley (West) Investigation Area, whilst protecting areas of high environmental value and providing public open space for the community.

The addition of Zone E3 Environmental Management under Coffs Harbour LEP 2013 and other associated amendments to relevant clauses of Coffs Harbour LEP 2013 will provide clear direction to applicants concerning the permissibility of development proposals.

Draft Chapter G8A North Boambee Valley (West) of Coffs Harbour DCP 2015 provides information to assist proponents in preparing development applications for future development in the North Boambee Valley (West) planning area.

The draft North Boambee Valley (West) Developer Contributions Plan provides information to applicants associated with funding the provision of infrastructure and community facilities to service the future population of the North Boambee Valley (West) Investigation Area.



 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


SC17/46       Coffs Harbour LGA Flying-Fox Camps Strategic Camp Management Plan

Author:                        Senior Biodiversity Officer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.2 A natural environment sustained for the future

Attachments:              ATT1  SC17/46   Coffs Harbour LGA Flying-fox Camps Strategic Camp Management Plan

ATT2  SC17/46   Summary of Submissions

ATT3  SC17/46   CONFIDENTIAL          Complete 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

The objective of this report is to have Council adopt the Coffs Harbour LGA Flying-fox Camps Strategic Camp Management Plan – August 2017 (Attachment 1).  This follows the public exhibition of the draft plan and subsequent consideration of submissions.

The Coffs Harbour LGA Flying-fox Camps Strategic Camp Management Plan will assist Council to strategically manage the three permanent camps on Council managed land and provide direction for temporary camps that may develop.

 

Recommendation:

That Council:

1.       Adopt the Coffs Harbour LGA Flying-Fox Camps Strategic Camp Management Plan – August 2017 (Attachment 1).

2.       Inform parties who made submissions to the exhibition of the draft Coffs Harbour LGA Flying-fox Camps Strategic Camp Management Plan, of Council’s resolution.

 

Report

Description of Item:

The development of the Coffs Harbour LGA Flying-fox Camps Strategic Camp Management Plan was reported to Council on 8 June 2017. At that meeting, it was resolved that Council:

1.  Adopt in principle the draft Coffs Harbour Flying-Fox Camps Strategic Management Plan (Attachment 1) and place it on exhibition for a period of 28 days seeking feedback to enable Council’s final determination on this matter.

2.  Note that a further report will be brought back to Council for consideration following the public exhibition of the draft Plan.

This report brings the Coffs Harbour LGA Flying-fox Camps Strategic Camp Management Plan – August 2017 back to Council for adoption following the public exhibition, in accordance with the resolution.

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

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

Council received a grant from the State Government to prepare the Coffs Harbour LGA Flying-fox Camps Strategic Camp Management Plan to allow Council to strategically manage all three permanent camps. The grant was matched with funds from the Environmental Levy and allows Council to employ a consistent approach that recognises ecological values while minimising community impacts.

The plan complies with the NSW Office of Environment and Heritage Flying-Fox Management Policy 2015 and has used the NSW Office of Environment and Heritage Flying-Fox Camp Management Plan Template 2016 as a basis. 

The plan includes both long-term and short-term strategies for the management of flying-fox camps. Actions include:

·    establishing a complaints tracking system within Council;

·    ongoing community education and communication with neighbouring residents prior to, during and following implementation of management actions;

·    education regarding possible property modifications;

·    investigation of service subsidies;

·    identification, rehabilitation and protection of flying-fox habitat;

·    ongoing maintenance of existing buffers at Coffs Creek and Woolgoolga Lake;

·    the production of a detailed Vegetation Management Plan for Barcoo Court; and

·    subsequent management of vegetation within the Council easement on the northern side of Barcoo Court.

Issues:

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

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

Regardless, high levels of community concern can occur and care has been taken throughout the development of the plan to listen to community concerns and respond appropriately.

Options:

1.   Support the recommendation in this report and adopt the Coffs Harbour LGA Flying-fox Camps Strategic Camp Management Plan; or

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

3.   Reject the recommendation.

This report recommends Option 1.

Sustainability Assessment:

•     Environment

Flying-foxes play an important role in pollination and seed dispersal for many plants which ensures the survival of our native forests. They do this over much larger distances than birds or insects and establish permanent and semi-permanent camps near food sources and for birthing. Campsites where young are born can become very important to flying-foxes with some camp-sites in NSW having recorded use for over a century. The Coffs Harbour LGA Flying-fox Camps Strategic Camp Management Plan will assist council to maintain these environmental values.

•     Social

Residents living nearby flying-fox camps can be affected by noise and odour which reduces social amenity.  The Coffs Harbour LGA Flying-fox Camps Strategic Camp Management Plan discusses these issues and includes actions to reduce conflict through actions relating to education and maintenance of buffer and camp areas.

•     Civic Leadership

Local Government has an essential role to play in managing and planning for biodiversity and amenity on both public and private land.  The Coffs Harbour LGA Flying-fox Camps Strategic Camp Management Plan will assist Council to deliver on these areas.

•     Economic – Broader Economic Implications

The Coffs Harbour LGA Flying-fox Camps Strategic Camp Management Plan will assist the management of resources by ensuring a consistent approach for both permanent and temporary camps.

•     Economic - Delivery Program/Operational Plan Implications

The Coffs Harbour LGA Flying-fox Camps Strategic Camp Management Plan, if adopted by Council, will streamline the management of the existing camps and provides guidance in the day to day management of council assets.

Risk Analysis:

Inappropriate management of flying-fox camps may increase the prevalence of disease within flying-fox populations, and consequently the risk of transfer to humans.  The Coffs Harbour LGA Flying-fox Camps Strategic Camp Management Plan uses a risk assessment approach to determining the appropriate level of management and the associated mitigation measures required.  Implementation of the plan involves an educational component which will need to be an ongoing process.

Consultation:

Considerable effort has been made to engage with the community regarding the development of the Coffs Harbour LGA Flying-fox Camps Strategic Camp Management Plan to ensure that Council understands the issues directly and indirectly affecting the community.

The types of engagement that have been undertaken in the development of this plan include:

·    promotion of contact details of responsible officers;

·    telephone conversations to record issues and complaints;

·    face-to-face meetings and telephone calls with adjacent residents and complainants;

·    media (print and social media);

·    brochures and other educational material;

·    website pages and links;

·    direct contact with adjacent residents and stakeholders via letter;

·    a public meeting / workshop; and

·    feedback form available at the public meeting / workshop.

The workshop, held 15 February 2017, formed the community steering committee as noted by Council at the meeting of 8 December 2016.

The Coffs Harbour LGA Flying-fox Camps Strategic Camp Management Plan was placed on public exhibition for the period from 14 June 2017 to 12 July 2017. A comprehensive summary of the thirteen submissions received is provided in Attachment 2. Attachment 3 (Confidential) provides each of the submissions in full.

Residents and interest groups who attended the workshop were also contacted to inform them of the exhibition of the Coffs Harbour LGA Flying-fox Camps Strategic Camp Management Plan as were residents living in streets surrounding each camp (generally within 500m of the Coffs Creek and Barcoo Court Camps, and up to 1km from the Woolgoolga Camp).

In summary, the submissions outlined the following matters:

·        People shouldn’t live near bats if they don’t like them (submission 1).

·        More education and monitoring are needed (submissions 2 and 6).

·        Buffers must be maintained (submissions 2 and 5).

·        Flying-foxes are very important for the environment and must be protected (submission 3)

·        Amendment of peak occupancy maps to account for some historical data; include more details on other stakeholders, aboriginal heritage, links to the LEP/DCP and the Open Space Strategy, compliance, contingency planning, and licensing requirements; clarifications are needed regarding works during the maternity phase; updates to legislation are needed, and the review and reporting schedule needs more detail (submission 4).

·        Concerned that disease risk and information is not adequately addressed, supportive of property modifications and water rate reductions but feels that flying-foxes should not be allowed to roost outside of existing camp boundaries (submission 6).

·        Supportive of flying-foxes as they are important for biodiversity but also concerned about impacts (submissions 7, 12 and 13).

·        Concerned about impacts to tourism, reduced amenity and health impacts (submissions 7, 9, 10, 12 and 13).

·        Supportive of camp relocation (submissions 6, 12 and 13).

·        The plan is a sensible and human approach to flying-fox management; a re-write of the section ‘Protocols to manage incidents’ to align with Wildlife Information, Rescue and Education Service Inc (WIRES) scope and procedures is needed (submission 8).

·        Report on threatened bird life in the LGA (submission 11).

It is considered that all issues raised in the submissions have been addressed with updates to some of the maps and legislation, and clarification has been provided regarding approvals and reporting.  Further details on heat stress and how Council and WIRES will respond to mass incidents have also been added.

Related Policy, Precedents and / or Statutory Requirements:

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

A license under the TSC Act is generally required to undertake work, such as vegetation pruning or removal, in an area used by flying-foxes.  The development of the Coffs Harbour LGA Flying-fox Camps Strategic Camp Management Plan will streamline the licensing of flying-fox camp management actions with approvals, if they are required, issued for five years.  This avoids land managers having to repeatedly seek approval from the State Government for ongoing camp management actions.

Implementation Date / Priority:

Implementation of some actions in the plan has already commenced and grants are being sought to deliver further actions.

Conclusion:

This report has provided Council with an overview of the Coffs Harbour LGA Flying-fox Camps Strategic Camp Management Plan – August 2017 (Attachment 1) which is recommended for adoption.

Management of flying-fox camps is complex, and adaptive management informed by ongoing community engagement and education will be needed over the long term.  The Coffs Harbour LGA Flying-fox Camps Strategic Camp Management Plan will allow Council to strategically manage the three permanent camps and provide direction for temporary camps.

 


PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


SC17/47       Planning Proposal PP_2016_Coffs_004_00 - Review of Coffs Harbour Local Environmental Plan 2013

Author:                        Planner / Urban Designer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC17/47   PP_2016_Coffs_004_00 Coffs Harbour LEP 2013 "Housekeeping" Performance Review - V3 Post Exhibition - August 2017

ATT2  SC17/47   Gateway Determination

ATT3  SC17/47   CONFIDENTIAL          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.

ATT4  SC17/47   Summary of Submissions  

 

Executive Summary

The objective of this report is to provide Council with a review of the four submissions received during the exhibition period for Planning Proposal (PP) PP_2016_Coffs_004_00, being the second of a series of regular performance reviews of Coffs Harbour Local Environmental Plan (LEP) 2013. 

It is recommended that Council endorse and progress the PP in accordance with Council’s delegation of plan making powers under the Environmental Planning and Assessment (EP&A) Act 1979. The PP presented in this report proposes 15 minor amendments to Coffs Harbour LEP 2013.

 

Recommendation:

That Council:

1.       Endorses Planning Proposal PP_2016_Coffs_004_00 - Coffs Harbour Local Environmental Plan 2013 “Housekeeping” Performance Review No 2 – V3 Post Exhibition – August 2017 (Attachment 1).

2.       Delegates to the General Manager the authority issued by the NSW Department of Planning and Environment to 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.       Continues to consult with the NSW Department of Planning and Environment on the terms of the amendment to Coffs Harbour Local Environmental Plan 2013, to ensure its consistency with the objectives, outcomes and provisions of the Planning Proposal.

4.       Informs the landowners and where relevant, their consultant/s, of Council’s decision.

 

Report

Description of Item:

At its Ordinary Meeting on 8 December 2016 it was resolved:

“That Council:

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

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

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

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

The PP proposed 15 minor amendments as a “housekeeping” performance review of Coffs Harbour LEP 2013, to support the ongoing effective implementation of the LEP.  The proposed amendments will make the LEP clearer, easier to use and help Council meet its intended planning outcomes.  Full details of the proposed LEP amendments are outlined in the PP (Attachment 1).

The PP was progressed to NSW Planning and Environment (P&E) on 16 December 2016 in accordance with the resolution.  P&E issued a Gateway Determination on 21 December 2016 allowing for the public exhibition of the PP (Attachment 2). P&E required minor changes to be made to the PP prior to its public exhibition, which included:

(a)  “Include updated maps utilizing colours and labeling consistent with the Department’s standard technical requirements illustrating all of the existing and proposed planning control changes; and

(b)  amend item 1 to a plain English explanation and the removal of any references to utilising Schedule 1 of the LEP.”

The required amendments to the PP were made in accordance with the Gateway Determination. The various maps the subject of this PP were updated in accordance with Item (a) above. The reference to Item (b) above relates to the absence of a provision within Coffs Harbour LEP 2013 that allows for water extraction and associated bottling or processing of extracted water on rural land. P&E have required Council to modify its approach to how this item is included in the LEP, to achieve the same desired intent and outcome. This change was made prior to exhibition.

The PP was placed on public exhibition from 19 April 2017 to 17 May 2017 for a period of 28 days. This report provides Council with a review of submissions received and changes made to the PP as a result of submissions.

Issues:

·      Submissions Received during Consultation Period

Four submissions were received as part of the public exhibition process. Attachment 3 contains each submission in full (confidential) and Attachment 4 contains a summary of the submissions. The submissions included:

-      one objection from the public,

-      one submission from NSW Roads and Maritime Services confirming agreement to the PP,

-      one neutral submission (no particular issues) from the Commonwealth Department of Infrastructure and Regional Development, and

-      one neutral submission (no issues) from the NSW Rural Fire Service.

The PP has been revised in response to submissions received during the consultation period in the manner outlined in Attachment 4.

Options:

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

1.   Adopt the recommendation to support the PP and forward it to NSW P&E for making.

Comment: This option will help to ensure that the LEP provides the most up to date and accurate information as it applies to development in the LGA.

2.   Resolve to adopt the PP, 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.

Comment: This option will mean that anomalies within the LEP will not be corrected, potentially 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

Coffs Harbour LEP 2013 continues to provide greater certainty and transparency as to where development opportunities exist.  This “housekeeping” LEP review aims to make the LEP clearer and easier to use, to help Council meet its intended planning outcomes and to ensure the City’s development is carried out in an environmentally sustainable manner.

•     Social

The MyCoffs Community Strategic Plan has reinforced the community’s desire for liveable neighbourhoods that are beautiful and appealing and which have development that is environmentally, socially and environmentally responsible. Continual “housekeeping” LEP reviews ensure Council remains responsive to these desires.

•     Civic Leadership

Council has continued to demonstrate strong civic leadership and governance under Coffs Harbour LEP 2013.  The PP process will be undertaken in accordance with the provisions of the Environmental Planning and Assessment Act 1979 and Regulation 2000.

•     Economic – Broader Economic Implications

Regular ‘housekeeping’ reviews of Coffs Harbour LEP 2013 aim to provide greater certainty and clarity of where development opportunities exist, which in turn assists the local economy.

•     Economic - Delivery Program/Operational Plan Implications

The PP is being resourced by internal staff with no additional resource required.

Risk Analysis:

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

Consultation:

The Gateway Determination issued by P&E stipulated that the PP be publicly exhibited for a minimum of 28 days.  P&E determined that consultation was also required with the following public authorities under section 56(2)(d) of the EP&A Act:

·      NSW Rural Fire Service;

·      Department of the Commonwealth responsible for aerodromes; and

·      NSW Roads and Maritime Services.

The draft PP and associated documents and maps were placed on public exhibition from 19 April 2017 to 17 May 2017.  Four submissions were received in response to the consultation process.  Attachment 3 contains each submission in full (confidential) and Attachment 4 contains a summary of the submissions.

The PP has been revised as a result of the issues raised during the consultation period as outlined in Attachment 4. 

Related Policy, Precedents and / or Statutory Requirements:

Council is undertaking this process in accordance with NSW P&E’s guidelines associated with PPs.  The performance review is also consistent with the following statutory documents and requirements:

·      the Standard Instrument (LEPs) Orders;

·      Coffs Harbour Local Environmental Plan 2013;

·      the North Coast Regional Plan 2017;

·      State Environmental Planning Policies;

·      Planning Practice Notes issued by NSW P&E.

·      Ministerial Section 117(2) Directions (apart from justifiable minor inconsistencies); and

·      EP&A Act 1979 and Regulations 2000.

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

·      the MyCoffs Community Strategic Plan; and

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

Implementation Date / Priority:

The timeframe for a PP is outlined in the Gateway Determination from P&E; i.e. ‘the timeframe for completing the LEP is to be nine months from the week following the date of the Gateway Determination’.  Thus the LEP is to be completed by 28 September 2017. 

Conclusion:

This report has provided Council with:

·      a review of the submissions received during the exhibition period of this PP; and

·      a recommendation to progress a revised final version of the PP in accordance with the delegation of plan making powers under section 23 of the EP&A Act 1979 (that is, to make the Plan).

The final revised PP (Attachment 1) outlines the findings of the second regular “housekeeping” performance review of Coffs Harbour LEP 2013.  Council and the community will benefit from the PP as it will assist in the ongoing effective implementation of Coffs Harbour LEP 2013.

 


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


SC17/48       Stronger Country Communities Fund

Author:                        Community Planning & Engagement Specialist

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC17/48   Stronger Country Communities Fund - Project Summaries  

 

Executive Summary

The NSW Government has committed $200m to support infrastructure projects through the Stronger Country Communities Fund (SCCF), and local councils are eligible to apply.

Local councils are required to consult with their communities, and Council is responsible for the prioritisation of which projects (both external and internal) are submitted. It is recommended in the SCCF guidelines that each local government area submit projects that strongly reflect community preferences.

This report seeks determination from Council of which project applications are to be progressed for submission and the prioritisation of those projects, as per the SCCF guidelines. 

 

Recommendation:

That Council submit the following projects to the Stronger Country Communities Fund, and assign the priority as indicated:

Priority

Applicant

Proposed Project

1

Coffs Harbour City Council

Community Facility Activation Upgrades

2

Coffs Harbour City Council

Woolgoolga Reserve Community Hub

3

Coffs Harbour City Council

Refurbishment of Rugby Park Clubhouse

4

Coffs Harbour City Council

Footpath Missing Links

5

Coffs Coast Little Athletics

York Street Athletics Facilities

 

Report

Description of Item:

The NSW Government has committed $200m to support infrastructure projects through the Stronger Country Communities Fund (SCCF). Distribution of these funds is based on population by electorate (allocation for the Coffs Harbour LGA is estimated to be between $1m to $1.5m).

The SCCF guidelines identify that projects will be supported that involve:

·      building new community facilities (such as parks, playgrounds, walking and cycle pathways)

·      refurbishing existing local facilities (such as community centres and libraries)

·      enhancing local parks and the supporting facilities (such as kitchens and toilet blocks).

Local councils are requested to consult with their communities to identify project proposals that meet community needs and aspirations, with priority to be given to projects that provide local jobs and support local businesses. External applicants are also eligible to apply and Council is responsible for the prioritisation of which projects (both external and internal) are submitted.  Council is also required to upload any external applications on behalf of the applicant. It is recommended in the SCCF guidelines that each local government area submit projects that strongly reflect community preferences.

There are three application tranches scheduled for 2017 and Councils must apply in the tranche which they have been assigned. Coffs Harbour City Council was advised that it is in tranche B applications. Applications for tranche B opened on 16 August and close 13 September 2017.

The SCCF guidelines state that “to ensure projects make a significant contribution to improving local communities, the NSW Government is seeking projects of at least $100,000 and typically in the range of $250,000 to $1 million per project”.

Issues:

An ‘Expression of Interest’ (EOI) was requested by Council for any proposed projects to be given consideration for this funding opportunity. This applied to both Coffs Harbour City Council (internal) proposed projects and also any external applicant proposed projects. A more detailed summary of all the proposed projects is attached for reference but a summary table is included below.

Applicant

Proposed Project

Total cost of project

Project Summary

Coffs Harbour City Council

Community Facility Activation Upgrades

$550,400

1.   Upgrade the CHEC Block D theatre to facilitate use of the building for cultural performances

2.   Installation of a DCP cinema projector at Jetty Memorial Theatre

3.   Upgrade of the audio visual systems in Council’s community halls

4.   Purchase of a mobile DCP projector to enable pop-up cinema events throughout the region

Coffs Harbour City Council

Woolgoolga Reserve Community Hub

$613,800

New path/cycle access, new public amenities, increased and improved public open space. The existing caravan park entry and public amenities will be demolished and hard stand areas will be removed to provide usable open space within the Reserve area.

Coffs Harbour City Council

Refurbishment of Rugby Park Clubhouse

$176,807

Major refurbishment of the Sawtell Toormina Sport & Recreation Club Rugby Park Clubhouse to protect the structural integrity of the building and stimulate player number increase.

Coffs Harbour City Council

Footpath Missing Links

$594,220

To fund 5 high priority footpath sections:

·      North Boambee Road – shared path linking the Lakes Estate with Bishop Druitt College.

·      Sawtell Road (11th Avenue to Coronation Avenue)

·      Curacoa Street – Christian Community School and Coffs Harbour Public School to the Coffs Creek Cycleway

·      Harbour Drive - Jetty Theatre to Jetty Precinct and Coffs Harbour High School

·      Market Street, Woolgoolga –from the bus stop and the intersections to provide access to the restaurants, the Council car park and medical facilities.

Coffs Coast Little Athletics

York Street Athletics Facilities

$200,419

Infrastructure to create a permanent athletics facility, which includes shot-put and discus circles, long jump/triple jump runways and jump pits, and additional sub-soil drainage.

 

Total:

$2,135,646

 

Any potential application for a proposed Coffs Harbour City Council project was required to be:

1.    Listed as unfunded in the Delivery Program as per the Resolution of Council of 13 July 2017

2.    For projects of at least $100,000 (noting the guidelines recommend projects in the range of $250,000 to $1 million)

3.    For projects that can be commenced within one year and completed within two years.

Council met with the Hon Andrew Fraser MP on 15th August 2017 to discuss the applications received for this Program and to consider local priorities, and output from these discussions has been factored into any recommendation.

The merit of the proposed projects was assessed against strategic alignment with the grant criteria, capacity to deliver, and Council’s adopted Delivery Program and supporting long-term strategies.  In this regard, all of the potential projects are beneficial and fulfil the broad criteria.  The Community Facility Activation Upgrades and Woolgoolga Reserve Community Hub were listed as the preferred projects as primarily they are providing new and embellished infrastructure with a broad geographical reach and thereby able to provide benefit to the larger proportion of the Coffs Harbour community.

The SCCF guidelines require that Council undertake prioritisation of projects to be submitted for funding.

Options:

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

1.    Adopt the recommendation provided to Council. This option provides for the optimal distribution of the grant funds based on the applications received.

2.    Amend the recommendation provided to Council.

3.    Reject the recommendation provided to Council. Selection of this option will mean that due to the application closing date of 13 September, Council will be unable to submit any projects for this funding source.

Sustainability Assessment:

•     Environment

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

•     Social

Projects nominated for funding will need to meet project objectives to ‘help sustain the social bonds at the heart of strong regional communities’. These will be addressed in the Assessment Criteria responses to the grant.

•     Civic Leadership

The projects listed for consideration will address matters outlined in the following strategy of the Community Strategic Plan:

We effectively manage the planning and provision of regional public services and infrastructure - (D2.1)

•     Economic – Broader Economic Implications

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

•     Economic - Delivery Program/Operational Plan Implications

Internal applications by Council were required to be listed as unfunded in the Delivery Program as per the Resolution of Council of 13 July 2017.

Risk Analysis:

The guidelines for the Program include provisions relating to financial reporting, governance and structured schedule. A formal acquittal of the grants will be required on completion of the projects.

Consultation:

Council staff were requested to submit ‘Expressions of Interest’ by the close of business 4 August 2017. Correspondence was sent to the Chambers of Commerce and Council Committees requesting that information about the grant opportunity be forwarded to any community organisation that may wish to apply for this funding. In addition, Council met with the Hon Andrew Fraser MP on 15 August 2017 to discuss the applications received for this Program and to consider local priorities.   

Related Policy, Precedents and / or Statutory Requirements:

The NSW Government has committed this funding to support the development of infrastructure projects within the local government area. Expenditure of these grant funds by Council will be in accordance with Council’s Policies and statutory requirements.

Implementation Date / Priority:

All projects must be commenced within one year and completed within two years of the announcement of funding by the NSW Government.

Conclusion:

The Stronger Country Community Fund is a funding initiative by the NSW Government for assisting Councils and community organisations to deliver important infrastructure projects within the local government area. This Program enables significant investment in local infrastructure that supports local jobs and businesses and it is recommended that Council identify and prioritise which Projects are to be submitted.

 


PDF Creator


 

PDF Creator


 

PDF Creator


SC17/49       2017/18 Donations and Rates Subsidy Program

Author:                        Community Planning & Engagement Specialist

Authoriser:                  Director Sustainable Communities

MyCoffs:                      B.2 A community achieving its potential

Attachments:              Nil

 

Executive Summary

Each financial year, Council is required under Section 356 of the Local Government Act to assess and approve applications submitted under the Donations Program.

Funds are distributed in accordance with the Donations by Council Policy to ensure funds are allocated in the most effective manner. This enables Council to be accountable to the community in regard to the spending of Council funds and transparent about the level of financial support to community events and organisations.

 

Recommendation:

That Council adopt the 2017/18 Donations and Rates Subsidy Program as detailed in the table.

Donations and Contributions

 

Recipient

Amount($)

Donations Unallocated (Mayor)

8,053

Westpac Rescue Helicopter

500

Schools Annual Presentations

5,300

Relay for Life (Cancer Council)

2,500

North Coast Academy of Sport

5,500

Event Subsidies (Road Closures for Anzac Day Parades)

3,500

Southern Cross University Presentations

300

TAFE Presentations

300

Woolgoolga Volunteer Sea Rescue (Rates + Lease Fee)

1,100

D A Fees

5,000

Other Health Services – Life Education Van

4,000

Hope Bears Charity

250

TS Vendetta (Access Charge)

500

Reimbursement of Legal Fees for Lease Preparation

2,500

Variety Special Children’s Christmas Party

250

Coffs Harbour Spring Garden Festival

1,000

Coffs Ladies Silks Day

600

Rotary Club Coffs Coast Cycle Challenge

2,000

Coffs Harbour Agricultural Show

4,000

New Year’s Eve Fireworks

5,000

Christmas Carols

5,500

Total

57,653


Rates Subsidy – Sporting and Cultural Groups

Amount($)

Advocate Park

13,675

Sawtell Toormina Sports & Recreation Club

12,447

Coffs Harbour Rugby Club

7,779

Coffs Harbour Hockey Fields

5,308

Coffs Harbour Kart Racing Track

1,408

Coffs Harbour Motor Cycle Club

2,805

Coffs Harbour Pistol Club

686

Woolgoolga Art Group (first instalment)

974

Coffs Harbour & District Aero Club

2,972

Glenreagh Mountain Railway

1,798

Woolgoolga Senior Citizens Centre

5,158

Nana Glen Hall

2,178

Bonville Hall

1,911

Ayrshire Park

16

Upper Orara Hall

2,064

Upper Orara Recreational Ground

662

Eastern Dorrigo (Ulong) Hall & Showground

16

Coramba Community Centre

2,159

Lower Bucca Community Centre

936

Woolgoolga Neighbourhood Centre

3,873

Nana Glen Sportsground

678

Lowanna Hall

662

Girl Guide Associate (Waste Service)

646

Total

70,811

Rates Subsidy – Surf Life Saving Clubs

Amount($)

Coffs Harbour Surf Club

6,459

Woolgoolga Surf Club

3,618

Red Rock Corindi Surf Club

1,591

Sawtell Surf Club

7,130

Total

18,798

Total Rates Subsidy

89,609

Total Donations & Rates Subsidy

147,262

 

Report

Description of Item:

Section 356 of the Local Government Act requires Council to annually assess and approve contributions made under the Donations by Council Program.

The Donations by Council Policy prescribes a process of assessing submissions submitted to the Donations Program based on merit. This process ensures that Council is accountable and transparent about the level of financial support to community events and organisations.

Council has a long history of making donations to support community organisations, with many of the organisations receiving annual funding for a period of greater than 10 years.  Other community groups have received funding on a more intermittent basis. Council has been willing to support these organisations to achieve their goals wherever possible and has committed limited funds in the budget for that purpose.

The following table list the recipients of the 2017/18 Donations Program. The total amount is recommended to be contributed/donated under Section 356 of the Local Government Act 1993:

Donations and Contributions

 

Recipient

Amount($)

Donations Unallocated (Mayor)

8,053

Westpac Rescue Helicopter

500

Schools Annual Presentations

5,300

Relay for Life (Cancer Council)

2,500

North Coast Academy of Sport

5,500

Event Subsidies (Road Closures for Anzac Day Parades)

3,500

Southern Cross University Presentations

300

TAFE Presentations

300

Woolgoolga Volunteer Sea Rescue (Rates + Lease Fee)

1,100

D A Fees

5,000

Other Health Services – Life Education Van

4,000

Hope Bears Charity

250

TS Vendetta (Access Charge)

500

Reimbursement of Legal Fees for Lease Preparation

2,500

Variety Special Children’s Christmas Party

250

Coffs Harbour Spring Garden Festival

1,000

Coffs Ladies Silks Day

600

Rotary Club Coffs Coast Cycle Challenge

2,000

Coffs Harbour Agricultural Show

4,000

New Year’s Eve Fireworks

5,000

Christmas Carols

5,500

Total

57,653


Rates Subsidy – Sporting and Cultural Groups

Amount($)

Advocate Park

13,675

Sawtell Toormina Sports & Recreation Club

12,447

Coffs Harbour Rugby Club

7,779

Coffs Harbour Hockey Fields

5,308

Coffs Harbour Kart Racing Track

1,408

Coffs Harbour Motor Cycle Club

2,805

Coffs Harbour Pistol Club

686

Woolgoolga Art Group (first instalment)

974

Coffs Harbour & District Aero Club

2,972

Glenreagh Mountain Railway

1,798

Woolgoolga Senior Citizens Centre

5,158

Nana Glen Hall

2,178

Bonville Hall

1,911

Ayrshire Park

16

Upper Orara Hall

2,064

Upper Orara Recreational Ground

662

Eastern Dorrigo (Ulong) Hall & Showground

16

Coramba Community Centre

2,159

Lower Bucca Community Centre

936

Woolgoolga Neighbourhood Centre

3,873

Nana Glen Sportsground

678

Lowanna Hall

662

Girl Guide Associate (Waste Service)

646

Total

70,811

Rates Subsidy – Surf Life Saving Clubs

Amount($)

Coffs Harbour Surf Club

6,459

Woolgoolga Surf Club

3,618

Red Rock Corindi Surf Club

1,591

Sawtell Surf Club

7,130

Total

18,798

Total Rates Subsidy

89,609

Total Donations & Rates Subsidy

147,262

Issues:

Due to the limited funds available in this Program, Council has not advertised for submissions to the Donations by Council Program. Requests for funding are assessed as received, based on merit and the eligibility criteria detailed in the Donations by Council Policy. In accordance with the Policy, requests other than those listed in this report, are referred to the General Manager and Mayor for consideration and allocated from the Mayoral allocation.

The Donations by Council Policy excludes special funds for significant achievements which relate to representative sport or ambassadorial roles in the community, due to the large number of sporting and cultural organisations in the local government area. Council also does not support fundraising efforts for which there may be alternative sources of community support available.

Due to the large number of requests received, letters for financial support from charities and ‘special days’ are referred to the Coffs Harbour City Council Social Club for consideration; excepting events such as the Relay for Life, or events conducted by service organisations that raise monies for charities specific to the local government area.

Options:

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

1.   Adopt the recommendation provided to Council. This option provides for the optimal distribution of donations and sponsorships by Council.

2.   Amend the recommendation provided to Council and then adopt. As a budget is established in the Operational Plan for this Program, amendment of the recommended list of donations may impact on the donations available to other community organisations.

3.   Reject the recommendation provided to Council. Selection of this option requires that Council cannot distribute donations and sponsorships to the community. As a consequence, all sporting and cultural groups for whom Council pays the rates as a donation would be required to do so from their organisation’s funds.

Sustainability Assessment:

•     Environment

There are no perceived environmental impacts.

•     Social

Although the Donations Program is relatively small, the individual contributions assist in maintaining the viability of a number of community organisations and assist others with providing specific community events.

•     Civic Leadership

The Donations and Rates Subsidy Program enables Council to identify and respond to community aspirations and to ensure that Council has an equitable and transparent process to respond to requests for donations.

•     Economic – Broader Economic Implications

The donation funds made available by Council are, in many instances, added to by community organisations to carry out their activities. This has a positive economic impact in the community.

•     Economic - Delivery Program/Operational Plan Implications

The total cost of $147,262 is provided for in Council’s Budget with $121,052 from the General Fund and $26,210 from the Water and Sewerage Funds.

Risk Analysis:

There are no perceived risks from this program.

Consultation:

The Donations Committee, comprising the General Manager, Mayor and Director of Sustainable Communities has considered the applications and supports the recommended program for 2017/18.

Related Policy, Precedents and / or Statutory Requirements:

Donations by Council Policy adopted May 2013.

Section 356 of the Local Government Act 1993 states that:

(1)  A council may, in accordance with a resolution of the council, contribute money or otherwise grant financial assistance to persons for the purpose of exercising its functions.

(2)  A proposed recipient who acts for private gain is not ineligible to be granted financial assistance but must not receive any benefit under this section until at least 28 days’ public notice of the council’s proposal to pass the necessary resolution has been given.

(3)  However, public notice is not required if:

(a)  The financial assistance is part of a specific program, and

(b)  The program’s details have been included in the council’s draft operational plan for the year in which the financial assistance is proposed to be given, and

(c)  The program’s proposed budget for that year does not exceed 5 per cent of the council’s proposed income from the ordinary rates levied for that year, and

(d)  The program applies uniformly to all persons with the council’s area or to a significant group of persons with the area.

Implementation Date / Priority:

Donations will generally be forwarded to recipients following approval by Council. Some will be held until the appropriate time to forward. In the case of Temporary Road Closures ($3,500) and DA Fees ($5,000) costs will be allocated as they occur.

Conclusion:

Whilst this report satisfies a legislative requirement, the Donations Program ensures that Council has a consistent, equitable and transparent process to respond to requests for donations. All applications received which meet the policy requirements, are given equitable consideration for donation funding.

Consideration by the Donations Committee ensures that the money allocated is done so in the most effective manner. This enables Council to be accountable to the community in regard to the spending of Council funds and in being transparent about the level of financial support to community events and organisations.

  


SI17/22         Amendment to Alcohol Prohibited Reserves in the Coffs Harbour CBD

Author:                        Acting Section Leader Survey & Design

Authoriser:                  Director Sustainable Infrastructure

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

Attachments:              ATT1  SI17/22     Proposed Alcohol Zone Amendments Coffs Harbour CBD  

 

EXECUTIVE SUMMARY

The Coffs Clarence Police Local Area Command has requested that Council consider changing all of the parks within the CBD Masterplan area (currently alcohol prohibited 9pm to 9am) to 24 hour/7 day prohibition areas.  The purpose of their request is to address issues currently being experienced by police, local businesses, and their patrons particularly in the vicinity of Rotary Park, and similar concerns with drunken behaviour in other CBD parks, such as Baden Powell Park.  Changing parks within the general vicinity of the CBD to Alcohol Prohibited 24 hours, 7 days a week, will address the primary issue of drunken behaviour and will alleviate any concern of relocating the Rotary Park and Baden Powell Park problems to elsewhere in the CBD. However the request is somewhat at odds with Council’s strategy to have some reserve areas available for limited alcohol consumption at specified times.

 

 

Recommendation:

That Council:

1.       Amend the existing 9.00pm till 9.00am alcohol prohibition to a 24 hour prohibition for the following parks and reserves, exclusive of enclosed leased areas, pursuant to Section 644 of the Local Government Act 1993 (LGA):

·        Rotary Park Lots 7033 and 7034 DP 1054032, Lot 4 DP 822832, Lot 7021 DP 1054164

·        Baden Powell Park Lot 1 and 2 DP 758258, Lot 32 DP 717230

·        Lions Safety Park Lot 1 DP 871883

·        Coffs Harbour Community Village Lot 102 DP 1058414

·        Fitzroy Oval Lot 259 and 282 DP 752817

·        Coffs Street Reserves Lot 701 DP 1054073, Lot 2 DP 812699

·        Reserve cnr Vernon and Castle Street Lot 1 DP 812699

·        Brelsford Park Lot 100 DP 865320

2.       Provide formal notification of the Alcohol Free Zones, in accordance with s644A of the Local Government Act and then sign post the reserves accordingly.

3.       In accordance with s377 of the LGA delegate to the General Manager, its authority under s645 to suspend an Alcohol Free Zone.

 

 

Report

Description of Item:

Council has received numerous complaints in relation to the anti-social behaviour, during the daytime hours, of intoxicated persons within a number of parks within the Coffs Harbour CBD. This behaviour is impacting adversely on adjacent businesses and their patrons as well as passers-by, some of whom report feeling unsafe and anxious as a result of being exposed to the anti-social behaviour. Police from the Coffs Clarence Local Area Command have requested that Council consider amending the existing 9pm till 9am prohibition within the CBD reserves to a 24 hour prohibition.

 

Changing all parks and reserves within the general vicinity of the CBD to Alcohol Prohibited status 24 hours a day will address the concern of relocating the Rotary Park and Baden Powell Park problems to elsewhere in the CBD.

Issues:

The majority of the Coffs Harbour CBD parks and reserves are currently alcohol prohibited 9.00pm until 9.00am each day. Whilst this is effective at managing alcohol related anti-social behaviour during the night Council has now received complaints from adjoining properties concerned about alcohol-related inappropriate behaviour during the day. Concerns have been expressed in relation to the disruptive nature of the behaviour and the safety of staff and residents. This behaviour is not conducive to creating a safe and inviting atmosphere within the Coffs Harbour CBD.

 

Enforcement of the alcohol prohibited areas is the responsibility of the NSW Police. The Coffs Clarence Local Area Command have indicated that once the extended prohibitions are in place they will conduct additional patrols within the known problem areas to reinforce the prohibition and effect a change in behaviour.

 

It is not considered that extending the current alcohol prohibitions to 24 hours would adversely impact most users of the parks and reserves.

 

However, a 24 hour alcohol prohibition could impact valid users such as sports groups, seasonal users, contracted hirers, lessees, or special events at Brelsford Park. Council may, under the Act, suspend an Alcohol Free Zone at the request of any person or body. It is therefore proposed that consultation be undertaken with those users to ascertain at what times they would request these suspensions and those suspensions be then evaluated on a case by case basis.

 

As a suspension of an Alcohol Free Zone is only available by Council Resolution, and to provide flexibility and expediency, it is proposed that Council delegate this authority to the General Manager in accordance with s377 of the LGA.

Options:

1.    Adopt the recommendations.

2.    Modify the recommendation and adopt the process as a 12 month trial on a temporary basis and reassess Council’s position at the duration of the trial.

3.    Reject the recommendation. However, failure to extend the current 9.00pm until 9.00am prohibition to 24 hours, given the current concerns, may see an increase in the incidence of day time drinking and anti-social behaviour with subsequent negative impacts on the CBD businesses and local community.

Sustainability Assessment:

•     Environment

No negative environmental concerns will occur as a result of the amended alcohol controls.  Positive benefits will ensue, as alcohol related broken glass is of particular concern to reserve users including children and requires regular cleaning up by maintenance staff and locals.  Local residents and staff put themselves at risk handling broken glass when cleaning up following disturbances involving alcohol.

•     Social

Extended control on alcohol use in the nominated CBD parks and reserves during the day will have a positive impact on the local amenity.  The reserve users, local businesses and residents will be less likely to be confronted by intoxicated persons using these areas. Police will have a basis on which to act to control alcohol use in the Reserves.

•     Civic Leadership

This proposal works towards achieving the outcomes identified within the MyCoffs Strategic Plan and is directly connected to the themes of:

·    A.2 An active safe, healthy community and

·    C.1 Liveable neighbourhoods with a defined identity.

These areas are identified as outcomes/objectives in the Community Strategic Plan and Council is specified as both provider and facilitator and additionally, in the case of safe communities, an advocate

•     Economic – Broader Economic Implications

Improving the safety and amenity of the CBD will have positive benefits for visitors to the region and benefit the local economy, which relies heavily on tourism, by return visitation.

•      Economic - Delivery Program/Operational Plan Implications

The cost of notifications and installing notices will be absorbed within current programs.

Risk Analysis:

The risks associated with having no daylight prohibitions in place, given the current police and community concerns, are an increase in alcohol-fuelled violence and anti-social behaviour, and an increasing risk of assault and malicious damage, which would negatively impact on the Coffs Harbour community and retail trade and tourism volumes. Extending the current 9.00pm to 9.00am prohibition will provide 24 hour coverage and act as a deterrent to anti-social behaviour and alcohol related crime, enabling the seizure and disposal of alcohol from persons who choose to consume alcohol in parks and reserves within the CBD.

 

Enforcement of the prohibition will be the responsibility of the NSW Police.

Consultation:

Internal consultation has occurred with all relevant sections, particularly including Council’s Stadium and Major Events Section who liaise most directly with external bodies and formal users of the areas under discussion here. External consultation has been undertaken with the Coffs Clarence Local Area Command and with the City Centre Masterplan Committee, a Section 355 Committee of Council, which advises the Council in regard to expenditure of the City Centre Special Rate Variation funds and associated marketing and events.

 

Related Policy, Precedents and / or Statutory Requirements:

Council has previously used Section 644 of the Local Government Act 1993 to prohibit the taking and/or consumption of alcohol in reserves controlled by Council between 9.00pm and 9.00am. The current proposal is consistent with the intent of s644A in controlling alcohol related anti-social behaviour within public areas.

Implementation Date / Priority:

Upon the Council resolution, a notification of the Alcohol Free Zone will be made for 14 days in accordance with s644A of the LGA.

If no adverse submissions are received during this notification period, notices will be installed soon thereafter. The Alcohol Free Zone will come into effect once notices are installed.

Conclusion:

It is recommended, for Councillors’ consideration, that extending the existing alcohol prohibition within the CBD parks and reserves will provide a deterrent to anti-social behaviour and alcohol related crime, improve the safety and amenity of the CBD for the local community, retailers and visitors to the region, and better support the police to act on the matter.

 


PDF Creator