Coffs Harbour City Council

29 November 2017

 

Ordinary Council Meeting

 

The above meeting will be held in the Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour on:

 

Thursday, 7 December 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

MM17/04        Community Safety Precinct Consultation............................................ 3  

General Manager's Reports

GM17/31         Council Committees - Appointment of Members and Approval of Terms of References...................................................................................................... 3

GM17/32         2017 Code of Conduct Complaint Statistic Report ........................... 3

GM17/33         Volunteer Policy................................................................................................ 3

Directorate Reports - Business Services

BS17/49          Monthly Financial Performance Report for the month ended 31 October 2017.......................................................................................................... 3

BS17/50          Review of Environmental Levy Program................................................ 3

BS17/51          Draft Property Strategy 2017-2020............................................................ 3

Directorate Reports - Sustainable Communities

SC17/65          Draft Coffs Harbour Development Control Plan 2015 - Amendment No 2 (Housekeeping 2).................................................................................................. 3

SC17/66          Coffs Harbour CBD - Review of Height and Built Form Controls - Draft...................................................................................................................................... 3

SC17/67          Primary Production and Rural Development Reforms - Submission    3

SC17/68          JRPP - Development Application No. 0230/18 - Alterations and Additions to Existing Sports Stadium (Recreation Facility - Major) - Lot 102 DP 1077682, Stadium Drive, Coffs Harbour...................................................... 3

Directorate Reports - Sustainable Infrastructure

SI17/29           Reserve Naming Application.......................................................................... 3

SI17/30           Contract No. RFT-886-TO - City Square Refurbishment Construction   3   


MM17/04      Community Safety Precinct Consultation

Author:                         Mayor

Authoriser:                  Mayor

Attachments:              Nil

 

Recommendation:

That Council support the Community Precinct Safety Consultation forum by way of trialling the conduct of the Community Precinct Safety Consultation forums to be conducted commencing at 4.30pm immediately preceding an Ordinary Council Meeting three times a year.

 

Community safety

In my role as Mayor, I attend meetings of the Community Precinct Safety Consultation (CPSC) forum along with representatives of the Police Local Area Command.  From the perspective of the Local Area Command the aim of this forum is to act as a means to engage with stakeholders to address crime issues. Somewhat disappointingly this forum is not well attended by other stakeholders and the broader community.

 

Recently, the Coffs/Clarence Local Area Command crime manager and crime coordinator met with the General Manager and I to discuss means by which the Coffs Harbour community may benefit from a revised approach to how the CPSC may be conducted so as to ensure the strongest benefit and reach a more representative group of stakeholders.

 

A proposal has now been received from the Coffs/Clarence Local Area Command crime manager suggesting a revised approach to the conduct of the CPSC, the purpose being to assist Council in its understanding of environmental or victimisation issues that affect crime trends, and for the police to glean information from councillors/staff/public on known issues that may affect those crime trends.

 

It is proposed that the CPSC will be advertised to the community in an attempt to enable broad community awareness and the CPSC forum will be limited to a maximum of 30 minutes, incorporating three stages (if time permits):

 

1.       5-10 minutes presenting crime statistics and an environmental assessment for a current crime issue or trend;

2.       20-25 minutes Q&A by Councillors/senior council staff; and

3.       If there is time left over then, questions may be proposed from the gallery.

NB: The environmental assessment by Police will identify an emerging crime trend in an area of concern.  This will be analysed to highlight the impact that either victimisation or environmental drivers are having on crime.  This will ensure the consultation is current, relevant, and engaging.

 

It is expected that the result of this format will be the forging of a stronger partnership in collaborating to address crime trends, as well as having the Council and community better informed of the successes in reducing crime. Ultimately, this consultation will assist in developing local solutions to crime impacting on the local government area as a whole.

 

 

  


GM17/31      Council Committees - Appointment of Members and Approval of Terms of References

Author:                        Governance Coordinator

Authoriser:                  Group Leader Governance

MyCoffs:                      A.1 A vibrant and inclusive place

Attachments:              ATT1  GM17/31  Terms of Reference - Disability Inclusion and Access Advisory Committee  

 

Executive Summary

Both nominations for Council Committees and Committee Terms of Reference (ToR) require approval by Council.  This report is seeking Council endorsement of committee nominations and Committee ToRs.

 

 

Recommendation:

That Council:

1.   Appoints:

1.1. Tony Hart and Muriel Craig to the Yandaarra Aboriginal Consultive Committee

1.2. Shirley Williams to the Lowanna Community Hall Management Committee

1.3. Dallas Brooks and Khinhtay-yee Matete to the Disability and Access Advisory Committee

1.4. Vince Sibio to the Eastern Dorrigo Community Hall Management Committee

1.5. Fiona Clancy to the Ayrshire Park Management Committee

1.6. Kim Towner and Raymond Mather to the Library and Gallery Planning Advisory Group

1.7. Jane Cruikshank and Carlina Ericson to the Cultural Reference Group

2.   Endorse the attached revised Terms of Reference for the Disability Inclusion and Access Advisory Committee

 

 

Report

Description of Item:

As part of the normal functioning of Council Committees, community members are nominated to fill vacant positions or to be re-appointed.  For nominees to be appointed/re-appointed, they need to be ratified by Council.  The following nominations have been submitted to appoint:

 

·     Tony Hart to the Yandaarra Aboriginal Consultive Committee

·     Muriel Craig to the Yandaarra Aboriginal Consultive Committee

·     Shirley Williams to the Lowanna Community Hall Management Committee

·     Dallas Brooks and Khinhtay-yee Matete to the Disability and Access Advisory Committee

·     Vince Sibio to the Eastern Dorrigo Community Hall Management Committee

·     Fiona Clancy to the Ayrshire Park Management Committee

·     Kim Towner and Raymond Mather to the Library and Gallery Planning Advisory Group

·     Jane Cruikshank and Carlina Ericson to the Cultural Reference Group

 

The ToRs presented for Council endorsement are:

 

·     Disability Inclusion and Access Advisory Committee

 

The current Disability Inclusion and Access Advisory Committee ToR allows for three individuals from relevant disability organisations to be part of the Committee.  Council recentently sought expressions of interest from relevant disability organisations for appointment to the Disability Inclusion and Access Advisory Committee.  Council received four applications and it was decided to amend the ToR to enable the acceptance accepting all four applicants.

 

Issues:

There are no issues relevant to this matter.

Options:

1.    Adopt the recommendation provided to Council.

2.    Amend the recommendation provided to Council by rejecting one or more nominated committee members or adjusting the attached ToR, and then adopt.

3.    Reject the recommendation provided to Council.

Sustainability Assessment:

•     Environment

There are no environmental issues associated with this report.

•     Social

The care, control and management of these local community facilities by local residents and local community groups enables a sense of community ownership, community involvement and development and overall community well being.

 

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

•     Civic Leadership

This approach consistent with the Council’s MyCoffs Community Strategic Plan:

 

·    A.1 A vibrant and inclusive place

·    B.2 A community achieving its potential.

Economic – Broader Economic Implications

Management committees are generally formed to manage, on behalf of Council, a facility or service in the interest of the user and community at large.  These committees are involved in the day to day management and are also delegated certain functions of the General Manager to allow them to ensure the facility or service meets Council’s expectations.  These committees report annually to Council on their performance.

•     Economic - Delivery Program/Operational Plan Implications

These committees strive to be self-funding but most require a contribution from Council and this is resolved within Council’s Operational Plan and budget setting process.  Most committees involve Council in technical, secretarial or administration costs.  The time and assistance given to Council by volunteers represents significant cost savings to the organisation.

Risk Analysis:

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

Consultation:

Consultation has occurred and continues to occur with various stakeholders involved in each of these committees.

Related Policy, Precedents and / or Statutory Requirements:

The following statutory requirements of the Local Government Act 1993 are applicable:

 

Section 355 How does a council exercise its functions?

 

A function of a council may, subject to this Chapter, be exercised:

 

a)    by the council by means of the councillors or employees, by its agents or contractors, by financial provision, by the provision of goods, equipment, services, amenities or facilities or by any other means, or

b)    by a committee of the council, or

c)    partly or jointly by the council and another person or persons, or

d)    jointly by the council and another council or councils (including by means of a Voluntary Regional Organisation of Councils of which the councils concerned are members), or

e)    by a delegate of the council (which may, for example, be a Voluntary Regional Organisation of Councils of which the council is a member).

 

Section 377 General power of the council to delegate

Implementation Date / Priority:

Immediate.

Conclusion:

That Council endorses the recommendations within this report.

 

 



 


 


GM17/32      2017 Code of Conduct Complaint Statistic Report

Author:                        Governance Coordinator

Authoriser:                  Group Leader Governance

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

Attachments:              ATT1  GM17/32  2017 Code of Conduct Complaints Report  

 

Executive Summary

This report tables Council’s Code of Conduct (CoC) complaint statistics report, which is required to be presented to Council in accordance with the Office of Local Government’s (OLG) Circular 17-36.

 

 

Recommendation:

That Council note the 2017 Code of Conduct Complaints report as of 30 September 2017.

 

 

Report

Description of Item:

Under the OLG’s Procedures for the Administration of the Model Code of Conduct, there is a requirement to annually report a range of CoC complaint statistics to the OLG and Council.  This report is due within three months of the end of September of each year.  The Complaints Report submitted to the OLG is attached.

Issues:

Code of conduct complaints and their details are confidential and therefore this report only presents statistical information.  No other information regarding the complaint will be provided (e.g. nature of complaint, complainant or subject person etc.).

Options:

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

Sustainability Assessment:

•     Environment

Not applicable to this report.

•     Social

Not applicable to this report.

•     Civic Leadership

Not applicable to this report.

•     Economic – Broader Economic Implications

Not applicable to this report.

•     Economic - Delivery Program/Operational Plan Implications

The costs associated with CoC complaints are funded through Council’s Governance Services budget.  Code of Conduct complaints are difficult to budget as the number, costs and nature of each complaint varies and therefore expenditure is reactionary and mostly unplanned.

Risk Analysis:

There are no risks associated with the noting of this report.

Consultation:

Not applicable to this report.

Related Policy, Precedents and / or Statutory Requirements:

This report is required in order to meet the requirements of:

 

·     Part 12 of the Procedures for the Administration of the Model Code of Conduct, and

·     Council Circular 17-36 Annual Code of Conduct Complaints Reporting

 

Implementation Date / Priority:

Nil.

Conclusion:

The report presents Council’s Annual CoC complaint statistics as of 30 September 2017.

 

 



 


 


 


GM17/33      Volunteer Policy

Author:                        Governance Coordinator

Authoriser:                  Group Leader Governance

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

Attachments:              ATT1  GM17/33  Volunteer Policy  

 

Executive Summary

The purpose of policy is to document Council’s intent, commitment and/or a position on a particular topic as well as ensure transparency and accountability in local government.  This report presents one policy for council adoption.

 

 

Recommendation:

That Council adopts the Volunteer Policy.

 

 

Report

Description of Item:

The purpose of policy is to document Council’s intent, commitment and/or a position on a particular topic as well as ensure transparency and accountability in local government.  The following table provides detail of the volunteer policy that is ready for adoption.

 

Policy Name

Policy Detail

Volunteer Policy

Coffs Harbour City Council (Council) is committed to providing excellent services to our customers and community.  Volunteers are integral to a strong community and make a valuable contribution to community life both socially and economically.  Council appreciates those in our community who volunteer their time and a wide range of skills, expertise and experience.  Their efforts represent a significant contribution towards the successful delivery of Council programs, services, facilities and venues, events and projects for the community and are highly valued by Council.

The Purpose of this policy is to ensure that our volunteer management systems and processes:

·    Acknowledge the valuable contribution of volunteers

·    Identify areas of operations where volunteering can contribute to the optimum delivery  of services to the community

·    Enable compliance and best practice volunteer management, particularly in areas such as the recruitment, training and support of our volunteers.

 

Issues:

There are no issues associated with this report.

Options:

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

1.    Adopt the recommendation provided to Council.

2.    Amend the recommendation or policy provided to Council and then adopt.

3.    Reject the policy provided to Council.

Sustainability Assessment:

•     Environment

There are no environmental issues associated with this report.

•     Social

Policies are an important communication tool used by Council for providing our community and general public detail on strategic aims, commitments and obligations.  This policy documents Council’s appreciation for and commitment to volunteers.

•     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 is no perceived risk in the adoption of this policy.

Consultation:

Internal stakeholders were consulted with the drafting of this policy.

Related Policy, Precedents and / or Statutory Requirements:

Detailed within the policy as required.

Implementation Date / Priority:

Immediate.

Conclusion:

That council adopt the attached policy.



 

 


BS17/49       Monthly Financial Performance Report for the month ended 31 October 2017

Author:                        Section Leader Financial Planning

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS17/49   Monthly Financial Performance Report for the month ended 31 October 2017  

 

Executive Summary

This report presents the monthly financial performance report for 31 October 2017.  The report provides information on the actual to budget position at the financial statement level for the current financial year.

 

 

Recommendation:

That Council note the monthly financial performance report for 31 October 2017, including the following Consolidated Income Statement.

 

CONSOLIDATED INCOME STATEMENT as at 31 October 2017:

2017/18 Original Budget

2017/18 Projected Budget

2017/18 Year to Date Budget

2017/18 Year to Date Actuals

Recurrent Revenue

‘000s

‘000s

‘000s

‘000s

Rates & Annual Charges

94,845

94,689

94,689

93,317

User Charges & Fees

30,750

30,603

9,759

9,613

Interest & Investment Revenue

5,140

  5,140

1,619

2,454

Other Revenues

15,171

15,164

5,055

3,323

Grants & Contributions provided for Operating Purposes

12,620

9,925

 

2,493

3,157

 

 

 

 

 

RECURRENT REVENUE

158,526

155,521

 

113,615

111,864

 

 

 

 

 

Recurrent Expenditure

 

 

Employee Benefits & Oncosts

48,718

48,176

15,879

16,579

Borrowing Costs

10,621

10,621

2,606

2,597

Materials & Contracts

117,366

148,351

49,450

32,529

Depreciation & Amortisation

46,170

38,907

12,969

12,971

Other Expenses

1,667

  1,661

567

2,564

 

2017/18 Original Budget

2017/18 Projected Budget

2017/18 Year to Date Budget

2017/18 Year to Date Actuals

Less: Capitalised Expenses

(58,482)

(87,013)

 

(29,004)

(18,657)

 

 

 

 

 

RECURRENT EXPENDITURE

166,060

160,703

 

52,467

48,583

 

 

 

 

 

NET OPERATING (DEFICIT) / SURPLUS

(7,534)

  (5,182)

 

61,148

63,281

 

 

 

 

 

Capital Revenue

 

 

 

 

Capital Grants, Subsidies, Contributions and Donations

25,793

33,924

 

7,947

8,073

 

 

 

 

 

CAPITAL REVENUE

25,793

33,924

 

7,947

8,073

 

 

 

 

 

NET SURPLUS

18,259

28,742

 

69,095

71,354

 

 

 

 

Report

Description of Item:

The monthly financial performance report provides information on Council’s actual to budget performance.  The report has been introduced to provide accrual based information to Council on a monthly basis.  The reports include a graphical representation of key performance indicators in order to provide key summary financial information.  A statement of comprehensive income is included which details monthly performance for October 2017. 

 


 

CONSOLIDATED INCOME STATEMENT as at 31 October 2017:

 

2017/18 Original Budget

2017/18 Projected Budget

2017/18 Year to Date Budget

2017/18 Year to Date Actuals

Recurrent Revenue

‘000s

‘000s

‘000s

‘000s

Rates & Annual Charges

94,845

94,689

94,689

93,317

User Charges & Fees

30,750

30,603

9,759

9,613

Interest & Investment Revenue

5,140

  5,140

1,619

2,454

Other Revenues

15,171

15,164

5,055

3,323

Grants & Contributions provided for Operating Purposes

12,620

9,925

 

2,493

3,157

 

 

 

 

 

RECURRENT REVENUE

158,526

155,521

 

113,615

111,864

 

 

 

 

 

Recurrent Expenditure

 

 

 

 

 

 

 

Employee Benefits & Oncosts

48,718

48,176

15,879

16,579

Borrowing Costs

10,621

10,621

2,606

2,597

Materials & Contracts

117,366

148,351

49,450

32,529

Depreciation & Amortisation

46,170

38,907

12,969

12,971

Other Expenses

1,667

  1,661

567

2,564

Less: Capitalised Expenses

(58,482)

(87,013)

 

(29,004)

(18,657)

 

 

 

 

 

RECURRENT EXPENDITURE

166,060

160,703

 

52,467

48,583

 

 

 

 

 

NET OPERATING (DEFICIT) / SURPLUS

(7,534)

  (5,182)

 

61,148

63,281

 

 

 

 

 

Capital Revenue

 

 

 

 

Capital Grants, Subsidies, Contributions and Donations

25,793

33,924

 

7,947

8,073

 

 

 

 

 

CAPITAL REVENUE

25,793

33,924

 

7,947

8,073

 

 

 

 

 

NET SURPLUS

18,259

28,742

 

69,095

71,354

Issues:

The report attached is for October 2017 and includes an Income Statement, Key Performance Indicators and capital expenditure progress reporting.

Options:

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

Sustainability Assessment:

•     Environment

There are no perceived short or long term environmental impacts for the information contained within the report.

•     Social

There are no perceived short or long term social impacts for the information contained within the report.

•     Civic Leadership

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

•     Economic – Broader Economic Implications

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

•     Economic - Delivery Program/Operational Plan Implications

The year to date operating surplus is estimated to be $63.3 million as at 31 October 2017.  This is much higher than the end of year predicted surplus as the whole amount of the Rates Levy is recognised in the month of July.

Risk Analysis:

Not applicable.

Consultation:

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

Related Policy, Precedents and / or Statutory Requirements:

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

Implementation Date / Priority:

Not applicable.

Conclusion:

This monthly financial performance report provides information on the actual to budget results at the financial statement level for the current financial year.

 

 


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BS17/50       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  BS17/50   BS17/31 Review of Environmental Levy Program - Council Report 24 August 2017

ATT2  BS17/50   Environmental Levy Committee Program Review Feedback - Minutes 2 November 2017  

 

Executive Summary

Council considered the Environmental Levy (EL) Program Review report by the consultants The Centium Group at its meeting held on 24 August 2017.  In accordance with Council’s resolution a workshop/briefing was held with Councillors and staff on 5 September 2017 at which a presentation was provided and the Action Plan was worked through systematically.

 

A similar presentation was also provided to the Environmental Levy Committee with the opportunity to discuss each recommended action and to provide an opportunity to answer queries.  This meeting/feedback session was held on 5 November 2017.

 

This report is provided in accordance with Council’s previous resolution and allows officers to understand Council’s formal position in relation to each of the recommended actions in the consultants report. Council officers will then draft new Environmental Levy Policy and associated guidelines in accordance with Council decisions.

 

The EL Program Review Action Plan recommendations are now tabled for Council’s formal consideration and decision.

 

 

Recommendation:

That Council:

1.       Adopt Action Plan recommendations 1.3, 1.4, 1.5, 2.1, 2.2, 2.4, 2.5, 3.1 and 3.2 of the Environmental Levy Program Review report as detailed in the table in the Issues Section of this report.

2.       Adopt in principle Action Plan recommendations 1.1, 1.2, 2.3, 2.6 and 3.3 of the Environmental Levy Program Review report as detailed in the table in the Issues Section of this report.

3.       Note that officers will draft a new Environmental Levy Policy and guidelines in accordance with Council’s decisions for further consideration.

 

 

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.

 

Council considered the report by the consultants The Centium Group at its meeting held on 24 August 2017 (Council report included as Attachment 1) at which Council resolved:

 

“That Council:

1.   Note the report.

2.   Run a workshop at which all recommendations made in the Action Plan are discussed by staff and Councillors.

3.   Receive a report on this which then forms the basis of the new Environmental Levy Policy.”

 

A workshop/briefing was held with Councillors and staff on 5 September 2017 at which a presentation was provided and the Action Plan was worked through systematically.

 

A similar presentation was also provided to the Environmental Levy Committee with the opportunity to discuss each recommended action and to provide an opportunity to answer queries.  This meeting/feedback session was held on 5 November 2017 and a copy of the minutes of that meeting are included as Attachment 2.

 

In accordance with point 3 of the resolution it is necessary for officers to understand Council’s formal position in relation to each of the recommended actions in the consultants report. Council officers will then draft new Environmental Levy Policy and associated guidelines in accordance with Council decisions.

 

The EL Program Review Action Plan recommendations are now tabled for Council’s formal consideration and decision.

Issues:

The following table presents all 16 Action Plan recommendations together with the position formed by the EL Committee and an officer’s recommendation.

 


 

Action Plan Item

EL Committee Position

Officer’s Recommendation

1        ADEQUACY OF MODEL FOR THE USE OF ALLOCATED FUNDS

1.1

Adopt a strategic approach to the allocation of long-term funding by splitting the funding stream into two:

§ Long-term projects supported by long-term strategies and resourcing plans linked to Council’s Delivery Program cycle and with strengthened annual reporting requirements; and

§ Short-term projects funded through a modified annual application and assessment process.

Open to explore further

Adopt in principle

1.2

Weight each of the assessment criteria giving emphasis to the fit with Council’s adopted plans and strategies and the level of community involvement.

Open to explore further

Adopt in principle

1.3

Ensure that committee members are aware of Council’s relevant plans and strategies prior to the assessment of applications for funding.

Agreed with strongly

Adopt

1.4

Introduce additional actions and tactics to inform and engage the community to ensure that the EL funds are expended fulfilling the community’s aspirations and expectations.

Agreed with strongly

Adopt

1.5

Strengthen the evaluation and reporting requirements for projects over a certain amount, say $20,000, and consider an alternate reporting regime for long-term projects.

Agreed

Adopt

2        ADEQUACY OF REVENUE ALLOCATION TO THE PROGRAM

2.1

Continue to increase the Environmental Levy by the same percentage as the general rate, whether that be limited by the rate cap or increased via a special variation.

Agreed

Adopt

2.2

Fund the activities identified in Figure 7, other than the biodiversity activities, from sources other than the Environmental Levy.

Agreed in principle

Adopt

2.3

Consider reserving for smaller projects the funding returned to the environmental levy program because of recommendation 2.2 

Agreed in principle

Adopt in principle

2.4

Limit any increase in EL funding for program costs to that of the rate cap or less, with any additional increase in funding from other sources, presumably through the general rate.

Disagreed

Adopt

2.5

Update the Environmental Levy Policy to recognise the direct funding of selected Council programs.

Agreed in principle

Adopt

2.6

Modify the assessment criteria to incorporate a weighting, giving emphasis to whether the project has attracted, or will attract, additional funding from sources other than the EL.

Open to explore further

Adopt in principle

3        ADEQUACY OF ENVIRONMENTAL LEVY COMMITTEE ROLE AND TERMS OF REFERENCE

3.1

Disband the Environmental Levy Committee given the matters raised at Section 3.1 of this Report.

Disagreed with strongly

Adopt (Option 1 and Recommendation)

3.2

Establish an “in-house” committee comprising a Councillor and relevant staff members to assess the smaller, short-term projects for which funding is sought

Disagreed with strongly

Adopt (Option 1 and Recommendation)

3.3

Require Voluntary Conservation Agreements to protect community investment on private land.

Open to explore further

Adopt in principle

4        ADEQUACY OF ENVIRONMENTAL LEVY COMMITTEE COMPOSITION

          (These are not relevant if Council adopts recommendation 3.1)

4.1

Change the basis of membership of the Committee to ensure that members have the expertise to provide strategic and technical advice to Council.

Agreed with strongly

Option 2

4.2

Develop a mechanism to encourage renewal of membership without the loss of continuity.

Agreed

Option 2

 

In general the Council officer’s recommendation to Council is consistent with the EL Committee’s position.  The exceptions as discussed as follows:

 

1.    Action Plan recommendation 2.2:

The EL Committee agreed in principle for the indirect funding of compliance and customer services by the Environmental Levy to be ceased.  However, a view was also expressed that consideration should be given to remove statutory biodiversity acitivities from funding as well.  The exact make-up of the activities funded by the levy will be examined through the New Environmental Policy, which will be subject to further consideration by Council.  However, it is considered appropriate at this stage for Council to adopt the removal of the funding for the indirect services identified by the consultant.

 

2.    Action Plan recommendation 2.4:

The EL Committee did not wish to completely limit increases in funding as there may be strategic reasons why a certain higher funding requirement may be required in the future.  Although this view is valid, from an overall Council budgeting and funding perspective it is important for Council to set clear parameters that contain increases that impact ratepayers.  Therefore it is recommended to Council that this Action Plan recommnedation be adoopted.

 

3.    Action Plan recommendation 2.5:

The EL Committee viewed this recommendation in association with 1.1 and 2.2.  Although this is valid, it is considered important to establish the principle that the Environmental Levy Policy does reflect the direct fiunding of some Council programs.  The exact programs to be included will be subject to further Council consideration of the draft policy.

 

4.    Action Plan recommendations 3.1 & 3.2 and 4.1.& 4.2:

These Action Plan recommendations provide two alternative governance models for the EL Program. 3.1 and 3.2 represent the consultants’ recommended model with a new ‘in-house’ committee, whilst 4.1 and 4.2 represent an enhanced version of the current model.  In recommending 3.1 and 3.2 the consultants took into consideration:

·    Changes in the legislative framework for NSW Councils since the introduction of the EL Program, particularly the introduction of Integrated Planning and Reporting and Council’s requirement to prepare a Community Strategic Plan;

·    Comparison with the goverance models used by other Council’s for similar programs; and

·    Probity considerations.

Clearly, this matter is the most contentious in the EL Program Review report and the EL Committee strongly disagrees with the disbanding of the current EL Committee. If Council wishes to maintain the EL Committee the consultants recommended the enhancements in 4.1 and 4.2.

Both options are included in the Options Section below.

Options:

The following options are available to Council:

 

1.    Adopt the recommendations provided to Council.  This includes Action Plan recommendations 3.1 and 3.2 and therefore results in the replacement of the current EL Committee with an ‘in-house’ committee. Based on Council’s decisions officers will draft a new Environmental Levy Policy and guidelines for Council’s consideration.

2.    Amend the recommendations provided to Council by including Action Plan recommendations 4.1 and 4.2 and excluding 3.1 and 3.2. This results in the continuation of an enhanced EL Committee. Based on Council’s decisions officers will draft a new Environmental Levy Policy and guidelines for Council’s consideration.

3.    Amend the recommendations provided to Council by adding or removing specific Action Plan recommendations and then adopt.  There are 16 individual Action Plan recommendations that Council may choose from to adopt. Based on Council’s decisions officers will draft a new Environmental Levy Policy and guidelines for Council’s consideration.

4.    Reject the recommendation and continue to operate the EL Program under its current model.  This option will not address the issues which were the catalyst for the current 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 and 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.

 

Subsequent to Council’s consideration of the EL Program Review report at its meeting on 24 August 2017, a workshop/briefing was held with Councillors and staff on 5 September 2017 at which a presentation was provided and the Action Plan was worked through systematically.

 

A similar presentation was also provided to the EL Committee with the opportunity to discuss each recommended action and to provide an opportunity to answer queries.  This meeting/feedback session was held on 5 November 2017 and their feedback is included in this report.

Related Policy, Precedents and / or Statutory Requirements:

Each year the EL 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:

Based on Council’s decisions on the Action Plan recommendations officers will draft a new Environmental Levy Policy and associated guidelines for Council consideration.  It is intended to finalise these documents in preparation for the EL Program funding allocations for the 2018-19 financial year.

 

The current term of the community members of the EL Committee expired on 30 June 2017.  Depending on Council’s decision a reappointment process may or may not be required.

Conclusion:

This report is provided in accordance with Council’s previous resolution and allows officers to understand Council’s formal position in relation to each of the recommended actions in the consultants report. Council officers will then draft new Environmental Levy Policy and associated guidelines in accordance with Council decisions.

 

The EL Program Review Action Plan recommendations are now tabled for Council’s formal consideration and decision.

 


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BS17/51       Draft Property Strategy 2017-2020

Author:                        Director Business Services

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS17/51   Draft Property Strategy 2017-2020  

 

Executive Summary

Council’s Operational Plan for 2016-17 identified the development and implementation of a Commercial Asset Management Strategy as an enabler of better strategic use, management and generation of returns from Council’s commercial property holdings.  However, from research, consultation and recent Council decisions in relation to property matters, it has become clear that this strategy should be broadened to include a strategic approach to the management of Council’s entire property portfolio.

 

The purpose of the attached draft Property Strategy 2017-2020 is to ensure that Council’s property portfolio is strategically aligned with its service delivery objectives and community expectations and to provide the systems and processes to enable Council to make short, medium to long term decisions around the property portfolio in a fully informed manner which balances the needs of property users with the interests of the broader community.

 

The strategy provides Council for the first time a comprehensive approach to reviewing, managing and improving the suitability of Council’s property portfolio.  The strategy will provide strategic guidance to Council and Council staff in the pursuit of better practice property management and is recommended for endorsement for public exhibition.  A further report on submissions received will be brought back to Council for consideration following the exhibition period.

 

 

Recommendation:

That Council:

1.       Endorse the draft Property Strategy 2017-2020 (Attachment 1) and place the draft strategy on public exhibition for a minimum of 28 days.

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

 

 

Report

Description of Item:

Council’s Operational Plan for 2016-17 identified the development and implementation of a Commercial Asset Management Strategy as an enabler of better strategic use, management and generation of returns from Council’s commercial property holdings.  However, from research, consultation and recent Council decisions in relation to property matters, it has become clear that this strategy should be broadened to include a strategic approach to the management of Council’s entire property portfolio.  This will ensure that the Property Strategy will be a key guide to drive better overall community value from Council’s property assets.

 

The total fair value of Council’s property assets is around $286 million.  Much of this relates to public open space, reserves and parkland which are specifically outside the scope of this strategy.  The remaining property assets are still significant and Council as the stewards of these assets is required to demonstrate prudent decision making on behalf of the Coffs Harbour City community.

 

The attached draft Property Strategy 2017-2020 contains the following purpose statement:

 

To ensure that Council’s property portfolio is strategically aligned with its service delivery objectives and community expectations and to provide the systems and processes to enable Council to make short, medium to long term decisions around the property portfolio in a fully informed manner which balances the needs of property users with the interests of the broader community.

 

The strategy has five strategic priorities with a series of action areas under each as follows:

 

1.       Review Use of Existing Property Holdings

·   Review and align property holdings with the needs of each service area.

·   Review community facilities, including halls, for optimum holding/tenure arrangements.

·   Identify opportunities for consolidation of services into common/multi-use facilities.

·   Identify underutilised facilities and develop a plan for greater use, decommissioning or sale.

 

2.       Leasing Policies & Procedures

·   Determine responsibilities for structural maintenance and renewal expenditure in community leases.

·   Review the setting of lease rentals for community uses and not-for-profit groups.

·   Consider implementing an internal rent for property for service areas.

·   Negotiate outstanding leases to ensure all are up to date.

·   Encourage community groups to seek innovative funding models and strategic partnerships for property enhancement.

 

3.       Realise Commercial Opportunities

·   Review property holdings in all major centres ensuring the case for holding meets Council’s strategic objectives.

·   Review the holding of properties for childcare centres and other commercial ventures for possible disposal or retention for investment purposes.

·   Review property as an investment opportunity.

 

4.       Optimum Arrangements for Crown Land Reserves

·   Review Crown Land reserves for greater use and improved returns.

·   In conjunction with DPI Lands review Crown Land properties for potential transfer to Council.

 

5.       Systems & Reporting

·   Implement an integrated property management system.

·   Gather data on utilisation of properties and update regularly.

·   Develop a system to report on the performance of the property portfolio on a regular basis.

·   Strengthen the links between Council strategies, Asset Management Plans, the Long Term Financial Plan and the Capital Works Program.

 

Given the number of actions and initiatives required to be addressed the draft Property Strategy contains a timeline of four years for implementation. Implementaiton progress will be reviewed on an annual basis and the strategy itself will be reviewed near the end of the implementaiton timeline.

Issues:

The draft Property Strategy 2017-2020 provides Council for the first time a comprehensive approach to reviewing, managing and improving the suitability of Council’s property portfolio.  The Strategy will provide strategic guidance to Council and Council staff in the pursuit of better practice property management.

 

A key part of the strategy is a systematic review of Council’s property portfolio to ensure that properties held meet service delivery requirements and/or meet a strategic objective of Council.

Options:

The following options are available to Council:

 

1.    Endorse the draft Property Strategy 2017-2020 for public exhibition as presented. A report on submissions received will be brought back to Council for consideration following the exhibition period.

2.    Amend the draft Property Strategy 2017-2020 by removing strategic priorities and action areas and/or including additional strategic priorities an action areas.  The amended strategy can then be placed on public exhibition and a report on submissions received will be brought back to Council for consideration.

3.    Reject the draft Property Strategy 2017-2020. This will leave Council in its current situtaiton with no holistic strategy to the management of Council’s property portfolio.

Sustainability Assessment:

•     Environment

The optimium use of property for service delivery or other strageic purposes will also optimise the use of property and thereby assist in reducing overall environmental impacts.

•     Social

Property is a significant and highly valuable resource that directly impacts on the performance of a wide range of Coffs Harbour City Council’s services.  Whilst essential, it is costly to run and maintain so it is imperative that the property portfolio meets the service and community needs it is maintained for.

•     Civic Leadership

The property portfolio supports both service delivery to the community and the financial sustainability of Council.  The MyCoffs Community Strategic Plan specifically contains two themes and three objectives that link to property related matters as follows:

 

Community Wellbeing

 

A1.4     We enrich cultural life through art, learning and cultural endeavour

·   We recognise the need for enhanced cultural precincts, venues and public art within our region.

 

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

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

 

Sustainable Community Leadership

 

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

·   Our public infrastructure is maintained for its current purpose and for future generations.

·   Public infrastructure continues to meet our community and business requirements.

·   Infrastructure is planned for the long-term and without imposing an unfair burden on future generations.

•     Economic – Broader Economic Implications

A strategic view of property will assist to release underutilised or surplus property that is consuming resources which could be directed elsewhere.  Additionally, the property portfolio provides some capacity to gain an improved financial return to Council and the community.  This requires understanding and assessing opportunities to gain greater return from properties which are deemed necessary to Council to retain.  There are also potential opportunities to improve service delivery or increase usage of facilities by the community.

•     Economic - Delivery Program/Operational Plan Implications

The implementation of the Property Strategy 2017-2021 will be primarily undertaken using current resources, augmented with project resources as necessary.  Resourcing will be included in Council’s Operational Plans over coming years.

 

Recent improvements in Council’s asset management and the raising of an infrastructure renewal focussed Special Rate Variation has increased funding and building condition is improving.  The community expectation is that Council will continue to deliver suitable service standards and facilities while maintaining affordability for ratepayers.

Risk Analysis:

The draft Property Strategy 2017-2020 provides a holisitic and consistent approach to the management of its properity portfolio.  This reduces various risks that come from ad-hoc decision making in relation to the management of property assets.

Consultation:

Consultation on the draft Property Strategy 2017-2020 has been undertaken with internal Council stakeholders and the leadership team. Placing the draft strategy on public exhibition provides an opportunity for broader community consultaton through submissions. Further internal consultation will also occur during this period.

Related Policy, Precedents and / or Statutory Requirements:

The draft Property Strategy 2017-2020 identifies the legislative and policy framework including:

·     Acts of Parliament

·     Regulations made under Acts of Parliament

·     Council’s Local Environmental Plan and associated Development Control Plan

·     Council’s Strategies and Policies

 

Council’s property activities will be managed in accordance with legislation, including:

·     Conveyancing Act 1919

·     Crown Land Act 1989

·     Native Title Act 1993 (Commonwealth)

·     Disability Inclusion Act 2014

·     Encroachment of Buildings Act 1922

·     Environmental Planning and Assessment Act 1979

·     Land Acquisition (Just Terms Compensation) Act 1991

·     Local Government Act 1993

·     Real Property Act 1900

·     Retail Leases Act 1994

·     Roads Act 1993

 

In recent years the Crown Lands Act 1989 has been reviewed and a new Crown Land Management Act 2016 will likely receive Royal Assent in early 2018.

Implementation Date / Priority:

Given the number of actions and initiatives required to be addressed the draft Property Strategy contains a timeline of four years for implementation.  Implementaiton progress will be reviewed on an annual basis.

Conclusion:

The draft Property Strategy 2017-2020 is presented for Council’s consideration and recommended for endorsement for public exhibition. A further report on submissions received will be brought back to Council for consideration following the exhibition period.

 

 

 


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SC17/65       Draft Coffs Harbour Development Control Plan 2015 - Amendment No 2 (Housekeeping 2)

Author:                        Planner / Urban Designer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC17/65   Draft Coffs Harbour Development Control Plan 2015 - Amendment No 2 (Housekeeping 2) - December 2017  

 

Executive Summary

Coffs Harbour Development Control Plan 2015 (‘DCP 2015’) came into force on 29 September 2015 and gives effect to Coffs Harbour Local Environmental Plan 2013 (‘LEP 2013’). It has been amended once since its inception, which took effect on the 22 November 2017.

The purpose of this report is to undertake Council’s second “housekeeping” review of DCP 2015, to support the ongoing effective implementation of the DCP by making it clearer and easier to use. The proposed amendment also seeks to address a Notice of Motion (NOM 17/15) from September 2017, which requested a review of shed/ancillary development sizes within residential zones.

This report seeks Council’s endorsement to publicly exhibit draft Coffs Harbour DCP 2015 – Amendment No 2 (Attachment 1).

 

Recommendation:

That Council:

1.       Endorse and publicly exhibit draft Coffs Harbour Development Control Plan 2015 – Amendment No 2 (Housekeeping 2) – December 2017 (Attachment 1) for a minimum period of 28 days.

2.       Consider a further report in the future, outlining the outcomes of the public exhibition of draft Coffs Harbour Development Control Plan 2015 – Amendment No 2 (Housekeeping 2).

 

Report

Description of Item:

Coffs Harbour Development Control Plan 2015 (‘DCP 2015’) came into force on 29 September 2015 and gives effect to Coffs Harbour Local Environmental Plan 2013 (‘LEP 2013’).

The purpose of this report is to undertake Council’s second “housekeeping” performance review of DCP 2015, to support the ongoing effective implementation of the DCP. The proposed amendments relate to the following two topics:

-    Ancillary outbuilding sizes in residential zones in response to a Notice of Motion (NOM 17/15) from September 2017; and

-    DCP Maps.

The proposed amendments are shown in Attachment 1, and are summarised in the Issues section of this report.  The purpose of this report is to seek Council’s endorsement to publicly exhibit draft amendments to DCP 2015 (Attachment 1).

Issues:

·     Ancillary Development Requirements

At the Ordinary Meeting of 14 September 2017, a Notice of Motion (NOM 17/15) was brought for a review of shed/ancillary development sizes within residential zones. At that meeting, it was resolved:

That Council review the current Coffs Harbour 2015 in order to clarify the maximum size of a shed/ancillary development that can be built in a Residential area.

This proposed DCP Amendment No 2 will:

-     Incorporate controls associated with ancillary ‘outbuilding development in R1 General Residential, R2 Low Density Residential, R3 Medium Density Residential and R4 High Density Residential zones to achieve and facilitate sound development outcomes and minimise any potential impacts on adjoining properties. These controls propose to restrict the size of outbuildings (sheds) to have a floor area of no more than:

§ 45m², if the lot has an area of at least 450m² but less than 600m²;or

§ 60m², if the lot has an area of at least 600m² but less than 900m²; or

§ 100m², if the lot has an area of at least 900m².

(Note these controls were included in the previous DCP 2013 and are considered appropriate as they represent approximately 10% of land).

-     Incorporate several administrative updates to support these controls, including updated definitions.

·     DCP Maps pertaining to Lot 1, DP 777555, Hamilton Drive, Boambee East

DCP 2015 currently comprises hard copy maps relating to density, setbacks and Preservation of Vegetation. These provide guidance in relation to zone and other maps contained within Coffs Harbour Local Environmental Plan 2013 (‘LEP 2013’).

On 9 November 2017, Council adopted a Planning Proposal for MI Organics, located at Lot 1, DP777555, Hamilton Drive, Boambee East, which will amend the zone boundaries at the site. It is consequently necessary to amend the density, setback and Preservation of Vegetation maps contained within DCP 2015 to reflect the corresponding LEP amendments. The proposed DCP map amendments solely pertain to the MI Organics site (Lot 1, DP 777555). The DCP map amendments will be updated as on-line maps and, if adopted by Council after exhibition, will become effective when the corresponding LEP amendment is ‘made’ (expected early in 2018).

Options:

Council has the following options available to progress this matter:

1.       Resolve to proceed with the DCP amendment process and exhibition as recommended. Subject to a post exhibition report and endorsement by Council, this will result in an amendment to DCP 2015.

Comment: This option will permit the attached amendments to Coffs Harbour DCP 2015 to be exhibited.

2.       Resolve to proceed with the DCP amendment process with further amendments or alternatives to the contents of Attachment 1.

Comment: This option, and its implications, has not been considered in this report.

3.       Reject the recommendation provided to Council and resolve not to proceed with the proposal.

Comment: This option will not address the NOM 17/15; and will result in DCP 2015 not keeping up to date with amendments currently underway for Coffs Harbour LEP 2013.

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

Sustainability Assessment:

•     Environment

The proposed amendments to the DCP controls support related provisions within Coffs Harbour LEP 2013, evolving Council policy, quality urban design outcomes and generally assist in achieving positive environmental outcomes within the Coffs Harbour LGA.

•     Social

DCP 2015 has been designed to support Coffs Harbour LEP 2013 in its aim to provide a high level of social, physical and cultural amenity within the LGA. A regular review of the performance of the DCP allows for minor adjustments to keep the DCP up-do-date and accurate and better able to maintain and excel in design excellence outcomes.

•     Civic Leadership

The following themes and indicators described in Council’s MyCoffs Community Strategic Plan are relevant to this report:

-    “We undertake development that is environmentally, socially and economically responsible; and

-    “We foster informed and inspired leadership in our community; and

-    We undertake effective engagement and are informed.”

Council’s strategic planning documents ensure transparency and accountability in local government.  Their implementation enables Council to identify and respond to community issues and concerns. Accordingly, the DCP amendment process will be undertaken in accordance with the provisions of the Environmental Planning and Assessment (EP&A) Act 1979, as well as the EP&A Regulation 2000.

•     Economic – Broader Economic Implications

This review of DCP 2015 aims to ensure clarity of outcomes which assists the local economy. DCP controls have been refined within the Plan to provide an improved and more efficient use of future infrastructure resulting from new development and to minimise exposure of development to natural hazards and natural risks. The format of the DCP provides improved services to proponents of development via a more transparent and reliable online planning enquiry system. 

•     Economic - Delivery Program/Operational Plan Implications

This Coffs Harbour DCP 2015 – Amendment No 2 is being resourced by internal staff with no additional resource required, as a business as usual matter.

Risk Analysis:

The performance review process outlined in this report supports a mechanism to reduce risk to Council and the community.  By reviewing and amending DCP 2015 where necessary to address minor anomalies and account for changes in Council policy and procedure, as well as accommodating legislative changes, Council lessens the likelihood of risk in planning related decision making. Failure to adopt the recommendations provided within this report will result in potential inconsistencies with existing planning controls.

Consultation:

There has been internal consultation with various stakeholders across the organisation to review the draft controls proposed in this amendment.

In accordance with the Environmental Planning and Assessment Regulation 2000, it is recommended that there be a 28 day public exhibition of the proposed changes to Coffs Harbour DCP 2015.  There will be a further report to Council following the exhibition, prior to adoption of any proposed amendments to the DCP.

Related Policy, Precedents and / or Statutory Requirements:

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

-       Environmental Planning & Assessment Act 1979;

-       Environmental Planning and Assessment Regulation 2000;

-       North Coast Regional Plan 2017;

-       State Environmental Planning Policies (various); and

-       Coffs Harbour LEP 2013.

Implementation Date / Priority:

If adopted by Council, the amendments to DCP 2015 will commence on the date that public notice of its approval is given in a local newspaper, or on a later date specified in the notice. If adopted by Council, the proposed DCP map amendments relating to Lot 1, DP 777555 will become effective when the corresponding LEP amendment is ‘made’ (likely early 2018).

Conclusion:

This report outlines the findings of a second “housekeeping” review of Coffs Harbour DCP 2015. The proposed amendment also seeks to address a Notice of Motion (NOM 17/15) from September 2017, which requested a review of shed/ancillary development sizes within residential zones.

This report seeks Council endorsement to publicly exhibit the draft amendments to DCP 2015 for a minimum period of 28 days. A further report will be brought back to Council for consideration post exhibition of the draft amendments.

 


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SC17/66       Coffs Harbour CBD - Review of Height and Built Form Controls - Draft

Author:                        Planner / Urban Designer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      B.1 A thriving and sustainable local economy

Attachments:              ATT1  SC17/66   Draft Review of Coffs Harbour CBD Height and Built Form Controls  

 

Executive Summary

The purpose of this report is to present a draft Review of Coffs Harbour CBD Height and Built Form Controls (the draft Review).  The draft Review (Attachment 1) takes into consideration building height and built form modelling to understand urban design principles as they apply in the Coffs Harbour Central Business District (CBD) core.  It examines a number of scenarios and provides a preferred option for future development within the CBD core area with an uplift in height from 17m to 44m and an increase to floor space ratios from 2.5:1 to 4.5:1, while embracing the vision and driving principles outlined in the Coffs Harbour City Centre Master Plan.

If Council agrees with recommendations contained within the draft Review, then it is recommended that it place the draft Review on public exhibition for a minimum period of 28 days and consider a report that summarises any submissions following the exhibition period.  It should be noted that any subsequent changes to Coffs Harbour Local Environmental Plan (LEP) 2013 or Coffs Harbour Development Control Plan (DCP) 2015 would occur as part of a separate process.

 

Recommendation:

That Council:

1.       Endorse the draft Review of the Coffs Harbour CBD Height and Built Form Controls (Attachment 1) and place the draft Review on public exhibition for a minimum of 28 days.

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

 

Report

Description of Item:

At its meeting of 9 February 2017, Council considered a Notice of Motion regarding CBD height restrictions and resolved the following:

1.   That Council commence urgently a review of the building heights in the CBD of Coffs Harbour (as defined in the CBD Masterplan) with a view to seeking an amendment to the LEP based on the findings.

2.   That a funding report to commence the review be presented to Council at the next meeting.

At its meeting of 23 March 2017, Council subsequently resolved:

That Council endorse the Project Plan (Attachment 1) and Consultant Brief (Attachment 2) for the Review of the Coffs Harbour CBD Height and Built Form Controls.

In response to these resolutions, a draft Review has been prepared by an urban design consultancy.  As required by the Project Plan and Consultant Brief, the draft Review examines height restrictions in the Coffs Harbour CBD within a wider strategic framework and takes built form modelling into consideration to better understand urban design principles as they apply in the Coffs Harbour CBD.  These principles include building height, skyline, bulk, floor space ratios and climate responsive design considerations (including solar access and overshadowing, wind tunnels, reflection and glare). This approach was taken as it is imperative to address building height in context with an urban design and modelling study. Community engagement is also a necessity to understand the community’s expectations for built form and its effects on public spaces.

It is also important to consider the impact on the skyline (when viewed at a distance) and at the ‘human scale’ (when viewed at ground level in relation to amenity, climatic and aesthetic considerations) of any changes to building height and bulk. The draft Review also includes 3D modelling of a preferred scenario for built form and building height.

Issues:

·        Focus of the Study on the Coffs Harbour CBD “Core”

Following initial consultation with Council and the City Centre Master Plan Committee, it was determined that the study needed to focus on the CBD “core” area (bounded by the Pacific Highway, Vernon Street, Earl Street and Park Avenue) which corresponds with the existing mapped 17m (4 storey) height limit as stipulated in LEP 2013.  This was seen to be the key area of concern, given the higher and generally more accepted height limits of other parts of the CBD area.

·        Increase in Height Controls in the Coffs Harbour CBD Core

Building heights across the Coffs Harbour local government area are currently controlled by development standards within LEP 2013. The review examined three potential scenarios (using existing height controls, a mid-rise approach and a mid-rise approach with strategically located taller buildings). Following feedback received during the early stages of the project including the community consultation, a preferred scenario was developed.

The preferred scenario, as suggested in the draft Review (Attachment 1) recommends an increase in height within the CBD core from 17m (approximately 4 storeys) to 44m (approximately 13-14 storeys) which is a significant uplift when compared to the existing height limits.  This height limit was seen to be appropriate as it takes into account the Coffs Harbour Airport Obstacle Limitation Surface Plan limit of 48.06m (AHD) that applies to the CBD area (also taking into account the general ground level of 4m AHD experienced in this location).

·        Increase in Floor Space Ratio (FSR) Controls in the Coffs Harbour CBD Core

The FSR of buildings on a site is the ratio of the gross floor area (GFA) of all buildings within the site to the site area. FSR controls, in conjunction with height controls, are used to help establish building envelopes for new development. FSRs set an upper limit on the intensity of development and are effective tools to control the bulk, scale and intensity of development.

FSRs across the business zoned areas of the Coffs Harbour local government area are currently controlled by LEP 2013.  The preferred scenario contained in the draft Review (Attachment 1) recommends an increase in FSRs within the CBD core from 2.5:1 to 4.5:1.  This increase brings the CBD core area FSR requirements in line with the other areas of the CBD that have an existing 40m height limit.

Additional yield calculations have been prepared to assess the gross floor area (GFA) and FSR that would likely result from the preferred scenario. The calculations show that a potential 115,699 m2 of total commercial GFA within the CBD core area will be generated by the preferred scenario.  Given the current slow market and taking into account commercial floor space demand figures as shown in The Local Growth Management Strategy (Business Lands Strategy 2010) and the Department of Planning and Environment’s North Coast Employment Land Review (2015), this would satisfy demand for 80+ years.

·        Consistency with Coffs Harbour City Centre Master Plan

The City Centre Master Plan vision advocates for the CBD area to be the key retail, commercial, services and entertainment focus for the region, and to have an attractive urban environment. The vision considers that the CBD will develop ‘lifestyle facilities’ that attract residential living to the City Centre.

The increase in height limits, FSRs and associated urban design recommendations as contained in the draft Review is seen to offer a “win-win” solution in the sense of being able to offer uplift within the CBD core while encouraging good design outcomes and retaining amenity within this area in line with the City Centre Master Plan vision.

·        Activation of CBD Area

In recent times CBD areas within regional cities have become increasingly popular places to live. A mixed use environment within the CBD will foster a lively and activated environment which encourages investment across a number of potential markets (office / retail and residential). The urban design considerations recommended within the draft Review will ensure that the amenity and the “human scale” enjoyed within the CBD is retained and enhanced to encourage people to live and/or work in the area.

This mixed use approach, has the potential to bring a new ‘24/7’ life to city streets, plazas and parks activating the CBD. Council has been encouraging this kind of growth in the CBD since the adoption of LEP 2000. This approach as outlined in the draft Review is also reflected in the North Coast Regional Plan 2036 and is a key inclusion within the City Centre Master Plan vision.

Options:

Options available to Council in relation to this issue include:

1.   That Council endorse the draft Review of Coffs Harbour CBD Height and Built Form Controls (Attachment 1) and place the draft Review on public exhibition for a minimum of 28 days. 

Comment: This will allow the draft Review to be presented to the public for comment.

2.   That Council not endorse the attached draft Review of Coffs Harbour CBD Height and Built Form Controls.

Comment: This means that the project will not continue in its current form.

3.   That Council provide amendments to the attached draft Review of Coffs Harbour CBD Height and Built Form Controls to deliver an alternative approach and endorse these amendments to progress this project.

Comment: This will require that the draft Review is amended prior to the project continuing.

This report recommends Option 1 as the preferred option.

Sustainability Assessment:

•     Environment

There are no environmental issues as a result of this report. The review of the Coffs Harbour CBD height and built form controls addresses sustainability and environmental outcomes within the CBD. This reflects Council’s long term strategic vision for the City as endorsed in Council’s Local Growth Management Strategy, MyCoffs Community Strategic Plan, Coffs Harbour (CH) City Centre Master Plan 2031, LEP 2013 and DCP 2015.

•     Social

This review of the Coffs Harbour CBD height and built form controls seeks to address issues of quality design options, solar access to City Square and other public spaces, amenity and visual impacts. These factors will naturally promote a positive pedestrian experience which will assist to activate and increase the vibrancy of the CBD area. This reflects Council’s long term long term strategic vision for the City as endorsed in the Our Living City Settlement Strategy, the MyCoffs CSP, Coffs Harbour City Centre Master Plan 2031, LEP 2013 and DCP 2015.

•     Civic Leadership

This review of the Coffs Harbour CBD height and built form controls is influenced by the following objectives of the MyCoffs CSP:

-     B1.2 - We attract people to work, live and visit in the Coffs Harbour local government area.

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

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

-     D1.1 - We foster informed and inspired leadership in our community.

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

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

-     D2.2 - We collaborate to achieve the best possible future for all the Coffs Harbour area.

•     Economic – Broader Economic Implications

This draft Review aims to provide a technical review and analysis of built form characteristics that should be achieved through height controls. This review endeavours to increase the capacity of the CBD to foster economic growth and to meet the demographic needs of the Coffs Harbour Local Government Area which is characterised by a high population growth rate and an ageing population.

•     Economic - Delivery Program/Operational Plan Implications

This draft Review is being funded with monies allocated from Council’s updated 2016/17 Operational Plan. This work has been undertaken by consultants, with project assistance provided by staff in Council’s Local Planning Section, to assist consultants and to keep costs at a minimum.

Risk Analysis:

By not proceeding with the recommendations contained in this draft review, development opportunities for higher buildings in the CBD core may not be realised.  Further risk analysis will be undertaken during the progression of the draft Review and its recommendations, should Council choose to endorse the document for public exhibition.

Consultation:

The community, key stakeholders and businesses within the CBD were consulted during the preparation of the review. Input to the study for the review of height and built form was invited through a variety of means including the Council “Have Your Say” website, two community workshops and email / phone contact.  The community engagement outcomes are summarised in the draft Review (Attachment 1).

Ultimately if amendments to the controls contained within both Coffs Harbour LEP 2013 and DCP 2015 are proposed as a result of this review, there will be further opportunity for engagement with the community at that stage.

Related Policy, Precedents and / or Statutory Requirements:

The review has been undertaken to ensure consistency with the following strategies and plans:

-     North Coast Regional Environmental Plan 2036;

-     Coffs Harbour Local Growth Management Strategy;

-     MyCoffs Community Strategic Plan;

-     Coffs Harbour City Centre Master Plan 2031;

-     Coffs Harbour Local Environmental Plan 2013; and

-     Coffs Harbour Development Control Plan 2015.

Implementation Date / Priority:

Due to the approaching Christmas holiday period and to ensure adequate consultation, the draft Review will be placed on public exhibition for a minimum period of 28 days, excluding the core holiday period, with the results being reported back to Council prior to any further progression of the project.

Conclusion:

This report outlines the contents of a review of the Coffs Harbour CBD height and built form controls. The draft Review has recommended an uplift in height from 17m to 44m and floor space ratio from 2.5:1 to 4.5:1 within the CBD core area and demonstrated how the vision and driving principles outlined in the Coffs Harbour City Centre Master Plan will continue to be achieved.

There is sufficient information to enable Council to endorse the draft Review for the purposes of public exhibition for a minimum 28 day period. The results of the public exhibition will then be reported back to Council and any subsequent changes to Coffs Harbour Local Environmental Plan (LEP) 2013 or Coffs Harbour Development Control Plan (DCP) 2015 would occur as part of a separate process.

 


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SC17/67       Primary Production and Rural Development Reforms - Submission

Author:                        Planner / Urban Designer

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC17/67   Submission on the Primary Production and Rural Development Reforms

ATT2  SC17/67   Draft Primary Production and Rural Development - Explanation of Intended Effect

ATT3  SC17/67   Draft Planning Guidelines Intensive Livestock Agriculture Development

ATT4  SC17/67   Frequently Asked Questions

ATT5  SC17/67   Fact Sheet Subdivision of Rural Land for Primary Production  

 

Executive Summary

The objective of this report is to provide Council with:

·    an overview of the Primary Production and Rural Development Reforms as exhibited by the NSW Government; and

·    a submission on the Primary Production and Rural Development Reforms for lodgement with the State Government (see Attachment 1).

The NSW Department of Planning and Environment is seeking feedback on a package of reforms to update and improve the planning framework for primary production and rural development. The reforms include transferring and amending provisions currently located in a number of existing State Environmental Planning Policies (SEPPs) to a new Primary Production and Rural Development SEPP, as well as updating various definitions in the Standard Instrument - Principal Local Environmental Plan and the Environmental Planning & Assessment Regulation 2000 to ensure consistency between all documents. Draft planning guidelines have also been prepared to support the proposed planning reforms.

The reform package is currently on display for public consultation until 18 December 2017. The documents on display include an Explanation of Intended Effect (EIE) for the draft Primary Production and Rural Development SEPP, the draft planning guidelines and supporting documentation.

This report provides details of the contents of the reform package, as well as a submission to be lodged with the State Government in response to the public consultation process.

 

Recommendation:

That Council endorse the attached submission (Attachment 1) to the NSW Department of Planning and Environment regarding the Primary Production and Rural Development Reforms.

 

Report

Description of Item:

The Primary Production and Rural Development Reform package was released by the NSW Government on 23 October 2017 and is currently on exhibition until 18 December 2017.

The package proposes a review and consolidation of five relevant SEPPs to update the planning system as it applies to primary production and rural development. The SEPPs under review include:

·    SEPP (Rural Lands) 2008;

·    SEPP 30 (Intensive Agriculture);

·    SEPP 52 (Farm Dams and Other Works in Land and Water Management Plan Areas);

·    SEPP 62 (Sustainable Aquaculture); and

·    Sydney Regional Environmental Plan (SREP) No. 8 (Central Coast Plateau Areas).

The proposed SEPP will include provisions related to:

·    some forms of aquaculture, such as natural water based aquaculture which occurs in estuaries and coastal waters outside of local government jurisdiction

·    a mechanism to identify and protect agricultural land of state significance, which will be available if necessary to support the outcomes of regional planning

·    exemptions from needing development consent for certain small-scale low-impact rural land uses, such as:

-      routine maintenance and emergency works to irrigation infrastructure

-      temporary arrangements for feeding or housing livestock following a drought, fire or similar emergency

-      use of stock containment facilities as part of best practice pasture management in poor seasons

-      feral goat holding facilities.

The reforms also look to update related definitions in the Standard Instrument LEP and EP&A Regulation, provide a revised set of planning principles that will be included in a section 117 Direction under the EP&A Act and clarify the rules for rural subdivision.

Although the reform package is aimed at primary production and rural development, the reforms do not address issues surrounding “intensive plant agriculture”.

Submissions on the reforms are invited throughout the consultation period.  A Council submission has been prepared for lodgement with the State Government in response to the public consultation process and is included as Attachment 1.

 The documents on display are located on the NSW Department of Planning and Environment website at http://www.planning.nsw.gov.au/Policy-and-Legislation/State-Environmental-Planning-Policies-Review/Draft-Primary-Production-SEPP and include the Primary Production and Rural Development - Explanation of Intended Effect (EIE) (Attachment 2), Draft Planning Guidelines for Intensive Livestock Agriculture Development (Attachment 3), Frequently Asked Questions (Attachment 4) and Subdivision of Rural Land Fact Sheet (Attachment 5).

Issues:

Simplifying the Planning Process

Planning provisions for rural land use and agriculture are currently contained in five SEPPs (see above). There are also provisions in the Standard Instrument Local Environmental Plan (LEP), Ministerial Directions issued under section 117 of the EP&A Act, and key definitions located in various regulatory instruments. This fragmented approach is inefficient and does not provide a clear planning framework.

The reforms attempt to simplify and streamline the applicable planning provisions and provide certainty to farmers on the types of activities that will require development consent. The reforms also look to ensure that deemed low-risk operations in appropriate locations are not subject to unnecessary regulation, and support farmers in times of emergency or adverse seasonal conditions.

Focus on Livestock Based Agriculture

The proposed reforms appear to focus on the more traditional types of farming, such as livestock farming.  However the reforms do not address plant based agricultural activities other than pasture and irrigation management. 

Part 3 of the EIE discusses development consent thresholds for intensive livestock agriculture (which replaces SEPP 30), particularly in relation to Environmentally Sensitive Areas. The information contained in this section could also be applied to other rural pursuits such as plant based agricultural activities. Similarly, the proposed clause for inclusion in the Standard Instrument LEP to clarify the type and scale of intensive livestock agriculture that requires development consent could also be applied to plant based agricultural activities.

CHCC Rural Lands Strategy

Council is in the process of preparing a Rural Lands Strategy (RLS) as part of its broader Local Growth Management Strategy. The purpose of the RLS is to guide Council’s land use planning priorities and decisions through the establishment of strategies and actions for development and management of all rural land within the LGA.

The process for the preparation of the RLS is being undertaken in two phases. Phase 1 commenced in 2015 and included the development of an Issues and Options Background Report and associated Discussion Paper which identified the issues facing rural land use.   Council is currently undertaking the second phase of the process which involves an analysis of the Phase 1 issues and options and draws from this a series of succinct Policy Directions.

A significant amount of feedback has been received during the process so far on managing rural land use conflict and the need for a better understanding of rural activities and the NSW Government’s Right to Farm Policy. The Right to Farm Policy aims to support farmers’ right to farm and addresses conflicts that may arise from lawful agricultural practices. It works to prevent this occurring through the strategic planning process. The reform package aims to support the delivery of commitments in the Right to Farm Policy.

Feedback received during the RLS process has also revealed the need for clarity around legislation, and many rural landholders have expressed frustration at a complex and convoluted planning and regulation process. The RLS will provide Council with a mechanism to address broader rural issues from a local perspective in a strategic manner and address aspects of this frustration within the community.  The proposed State Government reforms will assist in making the legislative landscape a little clearer for Council, the rural industry and the rural community.

Options:

1.   That Council endorse the attached submission for lodgement with the State Government on the Primary Production and Rural Development Reforms.

Comment: This option provides Council with the ability to contribute to the development of these particular reforms.

2.   That Council not endorse the attached submission and provide an amended submission to the Primary Production and Rural Development Reforms.

Comment: This option also provides Council with the ability to contribute to the development of these particular reforms, with alternative comments.

3.   That Council provide no submission to the Primary Production and Rural Development Reforms.

Comment: This option means that Council will not directly contribute to the development of these particular reforms.

Sustainability Assessment:

•     Environment

The reform package seeks to better equip the rural community to respond effectively to existing and emerging challenges in times of drought and other climatic events.

The reforms will establish the legislative and policy settings, and provide some of the tools that rural communities need to protect the natural values of rural land while responding to challenges as they arise.

•     Social

The reforms seek to help the rural community respond to existing and future challenges and support commitments in the NSW Right to Farm Policy.

•     Civic Leadership

The reform package complements the following outcomes of the MyCoffs Community Strategic Plan:

B1.1 -   We champion business, events, innovation and technology to stimulate economic growth, investment and local jobs

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

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

D1.1 -   We foster informed and inspired leadership in our community

D1.2 -   We undertake effective engagement and are informed

•     Economic – Broader Economic Implications

It is well known that the agricultural sector is a key contributor to the NSW economy as it provides food and other products for local consumption and export, and is a major employer in regional areas. The reforms are intended to help industry and the community respond to existing challenges and enable an adaption to emerging economic opportunities as they arise.

•     Economic - Delivery Program/Operational Plan Implications

Local Government has an essential role to play in managing and planning for rural development. As mentioned earlier, Council is in the process of developing a Rural Lands Strategy that will address the challenges and opportunities affecting the rural areas of the LGA.  This process will take the proposed reforms into account and the overall strategy will identify and recommend other specific actions that may affect Council’s Delivery Program and Operational Plan.

Risk Analysis:

There are no immediate risks to Council as a result of the reforms. If the reforms do become law Council will need to undertake a comprehensive review of its policies and procedures to ensure that development application determinations are being assessed and issued having regard to the correct legislation and State policy.

Consultation:

Submissions on draft Primary Production and Rural Development Reform package are invited throughout the consultation period from 23 October to 18 December 2017.  A submission has been prepared by Council for lodgement with the State Government in response to the Primary Production and Rural Development Reform package and is included as Attachment 1.

Related Policy, Precedents and / or Statutory Requirements:

The draft Primary Production and Rural Development Reform package, if adopted, will replace a number of SEPPs as outlined earlier in this report. It will also transfer existing plan making requirements to the Ministerial Planning Directions under section 117 of the Environmental Planning and Assessment Act 1979, and amend the Standard Instrument Local Environmental Plan. Relevant documents of Council that will be impacted and may require amendment include the Coffs Harbour Local Environment Plan 2013 and the Coffs Harbour Development Control Plan 2015.

Implementation Date / Priority:

If endorsed by Council, the Coffs Harbour City Council submission (Attachment 1) will be lodged immediately. The public consultation period runs until 18 December 2017.

Conclusion:

This report has provided Council with:

·    an overview of the Primary Production and Rural Development Reform package as exhibited by the NSW Government; and

·    a submission for lodgement with the State Government in response to the public consultation process.

 


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SC17/68       JRPP - Development Application No. 0230/18 - Alterations and Additions to Existing Sports Stadium (Recreation Facility - Major) - Lot 102 DP 1077682, Stadium Drive, Coffs Harbour

Author:                        Development Assessment Officer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      B.2 A community achieving its potential

Attachments:              ATT1  SC17/68   JRPP Development Assessment Report

ATT2  SC17/68   JRPP Attachment A - Plans for JRPP Report

ATT3  SC17/68   JRPP Attachment B - Section 79C Evaluation

ATT4  SC17/68   JRPP Attachment C - Proposed Conditions  

 

Executive Summary

The purpose of this report is to advise that a development assessment report, prepared by Council, for Development Application 0230/18DA, has been lodged with the Joint Regional Planning Panel (Northern Region). 

The proposed development is for alterations and additions to the existing sports stadium (Recreation Facility – Major).  The estimated cost of construction is $9,579,471.  A detailed description of the works proposed is provided in the development assessment report provided to the panel.

In accordance with State Environmental Planning Policy (State and Regional Development) 2011, this application must be determined by the Joint Regional Planning Panel (Northern Region) and not Council as the development has a capital investment value of more than $5 million, and;

-     Council is the applicant, or

-     Council is the owner of the land, or

-     the development is to be carried out by Council,

A copy of the development assessment report that has been provided to the Panel is appended to this report. 

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

 

Recommendation:

That Council note the report.

 

Report

Description of Item:

The purpose of this report is to advise that a development assessment report, prepared by Council, for Development Application 0230/18DA, has been lodged with the Joint Regional Planning Panel (Northern Region).  Assessment of the application, including public consultation has been completed.  The report to the panel recommends that the panel approve the application subject to conditions.  It is recommended that the content of this report be noted.

Issues:

·    Joint Regional Planning Panel Determination

Clauses 20 and 21 of State Environmental Planning Policy (State and Regional Development) 2011 specify that Council consent functions are to be exercised by regional panels for developments of a class or description included in Schedule 4A of the Environmental Planning and Assessment Act 1979.  The estimated cost of construction is $9,579,471.  Under State Environmental Planning Policy (State and Regional Development) 2011, developments with a capital investment value of more than $5 million, are required to be determined by the Joint Regional Planning Panel (Northern Region) and not Council where:

-     Council is the applicant, or

-     Council is the owner of the land, or

-     the development is to be carried out by Council,

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

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

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

·     Assessment Report

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

Options:

·    The Role of Councillors

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

"An elected council may make a submission on a DA within their LGA that is to be determined by a planning panel up to seven days before the planning panel meeting.

After the assessment report has been forwarded to the secretariat, it may be provided to the elected council to assist in its decision as to whether it will be making a submission to the planning panel.

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

Sustainability Assessment:

•     Environment

The purpose of this report is to advise that Development Application 0230/18DA is scheduled for consideration by the Joint Regional Planning Panel.  Matters relating to environmental impact associated with the proposed development are addressed in the development assessment report appended to this item.

•     Social

The purpose of this report is to advise that Development Application 0230/18DA is scheduled for consideration by the Joint Regional Planning Panel.  Matters relating to social impacts associated with the proposed development are addressed in the development assessment report appended to this item.

•     Civic Leadership

Council staff have undertaken their role in assessment of this application.

•     Economic – Broader Economic Implications

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

•     Economic - Delivery Program/Operational Plan Implications

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

Risk Analysis:

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

Consultation:

The application was advertised and notified in accordance with statutory requirements. No submissions were received. Consultation is a matter that is addressed in the report that has been provided to the panel.

Related Policy, Precedents and / or Statutory Requirements:

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

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

Implementation Date / Priority:

The Joint Regional Planning Panel has advised that this application will be considered on 13 or 14 December, 2017.

Conclusion:

This report provides some detail of Development Application 0230/18DA and the process of consideration of the application by the Joint Regional Planning Panel.

 


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SI17/29         Reserve Naming Application

Author:                        Section Leader Asset Strategies

Authoriser:                  Director Sustainable Infrastructure

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

Attachments:              ATT1  SI17/29     Application for Reserve Naming  

 

Executive Summary

Council adopted the Reserve Naming and Memorial Policy on 26 October 2017.

 

Facilities in Apex Park, Woolgoolga are being refurbished in 2017. The Apex Club no longer exists in Woolgoolga. The Lions Club Inc. has had a long standing presence in the reserve, providing a Driver Reviver service for over 20 years. The Lions Club is making contributions to the refurbishment of the Apex Park faciltities along with Coffs Harbour City Council. The Chamber of Commerce is supplying an information board to be erected in the reserve.

 

A request for the renaming of the Apex Park has been received with the new name being proposed as “Lions Centenary Park”. The renaming would coincide with The Lions Club centenary (100th years) in 2017. The renaming to Lions Centenary Park is in accord with the requirements as set out in the Reserve Naming and Memorial Policy and requires a resolution of Council.

 

This report requests that Council adopt, in principle, the renaming of the reserve if no submissions against the proposal are received during the public exhibition phase.

 

 

Recommendation:

That Council,

1.       Acknowledging that public exhibition is yet to occur, endorse the proposal to rename Apex Park to Lions Centenary Park;

2.       Adopt the name Lions Centenary Park if no submissions against the proposal are received during the public exhibition period;

3.       Receive an additional report and recommendation if submissions against the proposal are received.

 

 

Report

Description of Item:

The report proposes a name change for Apex Park in Woolgoolga. Apex Park is located on Hubbards Road Woolgoolga. The Apex Club is no longer active in Woolgoolga and the reserve has not had the benefit of their previous input for a significant period since their departure. Coffs Harbour City Council and the Woolgoolga Lions Club are currently undertaking the refurbishment of the reserve area in which Council is installing a toilet block and the Lions Club is providing the shelters, tables and benches.

Issues:

Considerations of acceptance level: The Apex Club is no longer in existence in Woolgoolga. The Lions Club Inc. have had a long standing presence at this reserve. They have conducted Driver Reviver Services for over 20 years at the site. The community were dissatisfied with the previous state of the reserve and are now pleased with the current improvements.

 

Depth of consultation: Limited consultation has been conducted for the name change. The Chamber of Commerce are fully aware of the presence the Lions Club Inc.’s contributions to the park and the area. The Chamber of Commerce seem in acceptance of the current Works and are assisting the Lions Club Inc. The Chamber of Commerce are in consultation with the Lions Club Inc. and Council in preparing an information board for local businesses to be installed at the reserve.

 

Further claims to the reserve: There are no known claims by others (parties or individuals) to the reserve, other than the previous Apex Club.

 

Consideration of name options: The renaming request for “Lions Centenary Park” is suggested due to the Lions Club Inc’s contributions to the park and coincides with the 100th year that the Lions Club has been in existence. (Note that the Lions Club Inc have been present in Woolgoolga for 47 years.)

 

Compliance to policies: The Reserve Naming and Memorial Policy envisages circumstances in which it is appropriate to consider recognising a service club as the name of a reserve (para 2.1 [13] where the reserve is not a regional reserve.

 

A decision to rename a reserve requires a resolution of Council.

Options:

1.   Adopt the recommendations and carry out public consultation.

2.   Adjust the recommended name provided by the Lions Club Inc.

3.   Leave the name remain unchanged.

Sustainability Assessment:

•     Environment

Not applicable.

•     Social

Not applicable.

•     Civic Leadership

The purpose of Council policies is to ensure transparency and accountability in local government. The proposal has been assessed in accordance with the Reserve Naming and Memorial Policy (POL116).

•     Economic – Broader Economic Implications

Not applicable.

•     Economic - Delivery Program/Operational Plan Implications

Not applicable.

Risk Analysis:

Statutory, standards and policy requirements:

Rated as low risk since the following requirements form part of the above mentioned policy.

·      Local Government Act 1993

·      Crown Lands Act 1989

·      Geographical Names Act 1966

·      NSW GNB Guidelines:

1.    Guidelines for the determination of place names– March 2013

2.    Commemorative naming Factsheet – March 2013

3.    Dual naming supporting Cultural recognition Factsheet- March 2013

4.    Multicultural place names in NSW – March 2013

 

Other claims to reserve:

Low risk: A low level of consultation has been done but there is high local awareness of the work being conducted by the Lions Club Inc.

Consultation:

Public exhibition of the proposal will be conducted prior to any change of name. If submissions against the proposal are received no name change will occur prior to Council reconsidering the matter.

Related Policy, Precedents and / or Statutory Requirements:

Reserve Naming and Memorial Policy.

Implementation Date / Priority:

Immediate.

Conclusion:

The Report recommends that the name Apex Park be changed to Lions Centenary Park subject to no submissions against the proposal being received during the public exhibition period.

 


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SI17/30         Contract No. RFT-886-TO - City Square Refurbishment Construction

Author:                        Group Leader Strategic Asset Management

Authoriser:                  Director Sustainable Infrastructure

MyCoffs:                      A.1 A vibrant and inclusive place

Attachments:              ATT1  SI17/30     CONFIDENTIAL          Tender Assessment Contract No. RFT-836-TO City Square Refurbishment

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

 

Executive Summary

As a component of the City Centre Masterplan program of works Council is to undertake the refurbishment of the CBD City Square.

 

The refurbishment design includes new awning structures, a regraded pavement to allow overland stormwater flow, all new paving and landscaping, Park Avenue Lane reconstruction and sundry landscaping, seating and street furniture.

 

A first Tender for the ‘Design and Construction’ of City Square was called in June 2017 and was later declined by Council on the basis that the tendered prices significantly exceeded the Project budget. Following that, a second Tender for the ‘Construction Only’ of City Square was called in October 2017.

 

Responses to the second Tender have now been received and assessed. This report recommends that Council adopt the recommendation in the attached confidential report.

 

 

Recommendation:

That Council considers tenders received for the City Square Rehabilitation, Contract No. RFT-886-TO, and adopts the motion as detailed in the confidential attachment to this Report.

 

Report

Description of Item:

At the meeting of 10 August 2017, Council resolved the following:

Pursuant to the Recommendation from the CBD Masterplan Committee, that Council:

1.  Decline to accept any tender received for Contract No. RFT-836-TO City Square Refurbishment; in accordance with S178(1)(b) of the Local Government Regulations.

2.  In accordance with s178(3)(b) of the Local Government Act, ‘invite, in accordance with clause 167,168 or 169, fresh tenders based on the same or different details’, for the City Centre Upgrade, including final designs and a schedule to grant Possession of Site in early February 2018.

3.  Proceed with the design, supply and erection of the screen on the carpark as a separate sub project with the aim to have these works completed prior to the December peak retail season.

4.  That Council receives a monthly briefing note on this item.

 

To this end, Council completed the design and called ‘construct only’ Tenders to enable a reasonable timeframe for construction. With the design completed, many of the risks that were apparent in the previous ‘design and construct’ tender were eliminated, creating an expectation of a lower the construction cost.

 

The design was recommended by the CBD Masterplan Committee, with all the elements proposed by the consultant architect included.

 

Open tenders were called for a Lump Sum contract in local and capital city newspapers and via Council’s electronic Tenderlink portal. The deadline for submission of tenders was 3.30pm on Tuesday, 21 November 2017.

 

Tenders were evaluated on the following criteria:

·        Tender price and value for money

·        Relevant Experience and references

·        Construction Method and Construction Program

·        Quality and Health & Safety Management Systems

 

Two tenders were received from the following companies:

1.   AJ Pipelines Construction Pty Ltd.

2.   Bob Chambers Pty Ltd

Issues:

Refer confidential tender report.

Options:

The options available to Council under the Local Government Act with respect to this report are to:

1.       Adopt the recommendation provided to Council found within the Confidential Attachment.

2.       Amend the recommendation.  This would pose significant contractual issues and financial risks.

Sustainability Assessment:

•        Environment

A Part V environmental assessment for the works has been prepared which foreshadows that no significant impacts will arise.

•        Social

Ongoing Consultation with adjoining businesses and the City Centre Committee occurred during the design process. The terms of the contract require the contractor to maintain access for all businesses and the public at all times during the construction phase. The exception to this is the two kiosk operators who have provision in their leases to be closed for a period of time to facilitate construction around the kiosks.

 

If the confidential recommendation is adopted, the business owners will be further consulted.

•        Civic Leadership

Coffs Harbour City Council through its MyCoffs Community Strategic Plan has identified the following Key Vision Outcome:

We will have a vibrant and inclusive place.

 

This project forms part of the revitalisation of the City Centre as envisaged in the adopted City Centre Master Plan.

•        Economic – Broader Economic Implications

As per the Key Vision above this Project is expected to attract more people to the City Centre resulting in the creation of increased retail options and economic outcomes.

•        Economic - Delivery Program/Operational Plan Implications

The funding of this project has been drawn from the combined sources of Council’s annual drainage budget and City Centre Special Rate fund. The confidential attachment has more information regarding the implications to the Operational Plan

Risk Analysis:

The works as tendered were considered to have the following high risk areas:

·    Contract latent conditions

·    Completion on time

·    Reputation.

·    Completion within the budget

 

These first three risks have been managed by completion of the design, and good contract management practices. The final major risk is discussed in the confidential attachment.

Consultation:

The City Centre Masterplan Committee have been consulted through the development of this project. Internal Planning resources have been consulted with regards to the final design. City Centre retailers are being consulted with updates when new information is available

Related Policy, Precedents and / or Statutory Requirements:

Tendering procedures were carried out in accordance with Council’s Policy.  Council’s Tender Value Selection System was not applied during the tender review process as discussed in the attached confidential report.

 

The calling, receiving of tenders was carried out in accordance with Part 7 Tendering of the Local Government (General) Regulations 2005.

Implementation Date / Priority:

Recommendation actions can be commenced immediately.

Conclusion:

Timely approval of the recommendation for this tender will enable Council to proceed with the actions mentioned in the confidential attachment.