Coffs Harbour City Council

28 February 2018

 

Ordinary Council Meeting

 

The above meeting will be held in the Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour on:

 

Thursday, 8 March 2018

 

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

 

  

General Manager's Reports

GM18/04         Council Policies.................................................................................................... 3

GM18/05         Council Committees - Appointment of Members and Approval of Terms of References....................................................................................... 11

Directorate Reports - Business Services

BS18/09          Australasian Local Government Performance Excellence Program FY2017 Report  ..................................................................................................... 14

Directorate Reports - Sustainable Communities

SC18/09          Planning Proposal to Permit Dual Occupancy (Detached) Development in the RU2 Rural Landscape Zone – Post Exhibition 167

SC18/10          Coffs Harbour Development Control Plan 2015 - Amendment No. 2 (Housekeeping 2) - Post Exhibition............................................................ 226

Directorate Reports - Sustainable Infrastructure

SI18/07           Amendment to Alcohol Free Areas in Woolgoolga CBD for Eat Street Events.................................................................................................... 275

SI18/08           Selection of Significant Projects.......................................................... 278   


GM18/04      Council Policies

Author:                        Governance Coordinator

Authoriser:                  General Manager

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

Attachments:              ATT1  GM18/04  Environmental Levy 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.

 

A new (Environmental Levy) EL policy is now presented for Council’s consideration. The purpose of this policy is to provide the framework for the allocation of Environmental Levy funds to support major Council environmental initiatives and a community based Environmental Levy Grants Program. Adoption of the EL Policy will provide guidance for the preparation of the guidelines and enable the panel described in the policy to be recruited.

 

The new EL policy articulates key points of Council’s resolved position following the EL Program Review process, which was carried out through much of 2017.  The review process included significant consultation with stakeholders, including interviews with members of the committee, Council officers and several grant applicants/recipients, workshops with Council and the committee, and opportunities for feedback.

 

 

Recommendation:

That Council adopts the Environmental Levy 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.  At its meeting on 7 December 2017, Council’s resolved in part to note that officers would draft a new Environmental Levy (EL) Policy and guidelines in accordance with Council’s decisions in relation to the Environmental Levy Program Review.

 

A new EL policy is now presented for Council’s consideration.  Adoption of the EL Policy will provide guidance for the preparation of the guidelines and enable the panel described in the policy to be recruited.

 

The following table provides detail of the EL policy which is ready for adoption.

 

Policy Name

Policy Detail

Environmental Levy Policy

The purpose of this policy is to provide the framework for the allocation of Environmental Levy funds to support major Council environmental initiatives and a community based Environmental Levy Grants Program.

Issues:

The following table presents the Environmental Levy Program Review Action Plan recommendations with Council’s resolved position from 7 December 2017.  Each item includes a comment on how the item is proposed to be implemented through the new EL Policy or Environmental Levy Grants Program (ELGP) Guidelines.

 

Action Plan Item

Council’s Resolved Position

Comment

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.

Adopted in principle

EL Policy splits funding into two pools on a percentage basis.  Annual applications under the ELGP will only be open to community groups and other non-Council organisations

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.

Adopted in principle

To be articulated through the ELGP Guidelines.

1.3

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

Adopted

To be included as part of the induction for ELGP panel members.

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.

Adopted

Upgrade of website page and increased external communications on EL funded projects and initiatives.

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.

Adopted

Major projects and initiatives will be reported through the Delivery Program reporting process.  The ELGP program is targeted at smaller grants with reporting requirements to be included in the ELGP Guidelines.

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.

Adopted

This is consistent with the current revenue policy position.

2.2

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

Adopted

Biodiversity funding from the EL restricted to strategies and not related business as usual services. The funding previously allocated to the business as usual activities has been included in the calculation of the ELGP funding pool.

2.3

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

Adopted in principle

This has been taken into account in determining the fund pools percentages contained in the EL Policy.

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.

Adopted

This is consistent with the current revenue policy position.

2.5

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

Adopted

Included in EL Policy through the funding of major projects and initiatives via the Delivery Program.

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.

Adopted in principle

To be articulated through the ELGP Guidelines.

3.3

Require Voluntary Conservation Agreements to protect community investment on private land

Adopted in principle

Further investigation required, particularly given recent legislative changes relating to biodiversity.  It is not proposed to action this item in the initial EL Policy or Guidelines but may be included in future years.

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, meeting any legislative requirements would need to be considered if Council chose this option.

3.    Reject the policy provided to Council.

Sustainability Assessment:

•     Environment

The Environmental Levy funds a combination of major Council projects and initiatives and community projects, which collectively deliver on the environmental objectives in the MyCoffs Community Strategic Plan.

•     Social

Policies are an important communication tool used by Council for providing our community and general public detail on strategic aims, commitments and obligations.

 

The EL Policy provides support for community organisations through a dedicated environmental grants pool as well as partnership opportunities in relation to Council supported initiatives.

•     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.

 

In relation to the EL Policy, the split of funds for allocation to major Council initiatives and to the Environmental Levy Grants Program has been calculated from an analysis of past allocations as outlined in the table below. The analysis supports a 75%/25% split between these funding pools.

 

Category

2014-15

2015-16

2016-17

2017-18

Average

Levy Coordination

         64,059

         65,981

         64,340

         64,340

         65,000

Bush Regeneration

      207,618

      213,846

      210,732

      165,000

      199,000

Environmental Weed Management

      106,090

      109,272

      107,681

      100,000

      106,000

Biodiversity (Strategies Only)

      215,270

      221,728

      106,200

      120,000

      166,000

Waterway Health (Orara Rivercare)

      130,000

         90,000

      150,000

      125,000

      124,000

Coastal Initiatives (Landcare)

      155,000

      160,000

      160,000

      180,000

      164,000

Environmental Education

      140,098

         96,000

      109,000

      120,000

      116,000

Sub-Total

   $1,018,135

      $956,827

      $907,953

      $874,340

      $940,000

Community Grants / Other

      226,236

      239,736

      321,301

      399,060

      296,000

Total Allocation

   $1,244,371

   $1,196,563

   $1,229,254

   $1,273,400

   $1,236,000

% Major Council Initiatives

82%

80%

74%

69%

76%

% Community Grants

18%

20%

26%

31%

24%

 

The funding of two community organisations, Orara Rivercare and Landcare, has also been included as Council supported major initiatives and each organisation will be invited to provide a proposal on environmental works to be undertaken for the remainder of the Delivery Program period.  These will be provided to Council for consideration as part of the budget process to allocate the major Council initiatives pool funds.

 

The Environmental Levy is estimated to raise $1.326 million in 2018-19 and will therefore provide around $330,000 for the community based Environmental Levy Grants Program.

Risk Analysis:

There is no perceived risk in the adoption of the policies listed in this report.

Consultation:

The new EL policy articulates key points of Council’s resolved position following the EL Program Review process, which was carried out through much of 2017.  The review process included significant consultation with stakeholders, including interviews with members of the committee, Council officers and several grant applicants/recipients, workshops with Council and the committee, and opportunities for feedback.

Related Policy, Precedents and / or Statutory Requirements:

This is detailed within the policy as required.

Implementation Date / Priority:

Immediate.

Conclusion:

That council adopt the attached policy.

 



 


 


GM18/05      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:              Nil

 

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

 

 

Recommendation:

That Council:

1.   Appoints:

1.1. Monique McCaskill to the Lowanna Community Hall Management Committee

1.2. Shalla Thomas to the Disability Inclusion and Access Advisory Committee

1.3. Wayne Nagle to the Disability Inclusion and Access Advisory Committee

2.   Appoint Paul Shoker to the Agricultural Advisory Committee, noting this will increase the community representatives from three to four

 

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:

 

·     Monique McCaskill to the Lowanna Community Hall Management Committee

·     Paul Shoker to the Agricultural Advisory Committee

·     Shalla Thomas to the Disability Inclusion and Access Advisory Committee

·     Wayne Nagle to the Disability Inclusion and Access Advisory Committee

Issues:

The current Agricultural Advisory Committee ToR allows for up to three community representatives to be part of the Committee.  During their last meeting, the Agricultural Advisory Committee requested that the ToR be amended to allow a fourth community representative.  Further review of the Agricultural Advisory Committee ToR has been requested by member of the committee and this will be formally brought back to Council at a later date.

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 enable 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.

  


BS18/09       Australasian Local Government Performance Excellence Program FY2017 Report 

Author:                        Director Business Services

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS18/09   Australasian LG Performance Excellence Program FY17 - Coffs Harbour City Council Report  

 

Executive Summary

In 2013 PwC Australia and LG Professionals NSW worked in collaboration to create the Australasian LG Performance Excellence Program.  The program uses PwC’s local government experience and analytics expertise to provide a local government sector based benchmarking approach.  Participants now include 136 Councils, 60 from New South Wales, 27 from New Zealand, 17 from South Australia, 31 from Western Australia and 1 from Queensland.  Like Coffs Harbour City Council, 65% of the participants are Councils with resident populations between 10,000 and 100,000, and 40% are classified as Regional Councils.

 

Coffs Harbour City Council joined in 2016 at the beginning of the second three year period of the program and 2017 represents Council’s second year of participation.

 

This report presents to Council the 2016-17 Performance Excellence Report for Coffs Harbour City Council.  The results of the program will continue to inform areas of focus for Council’s workforce planning and continuous improvement initiatives moving forward.

 

 

Recommendation:

That Council note the report.

 

Report

Description of Item:

In 2013 PwC Australia and LG Professionals NSW worked in collaboration to create the Australasian LG Performance Excellence Program.  The program uses PwC’s local government experience and analytics expertise to provide a local government sector based benchmarking approach.  Participants now include 136 Councils, 60 from New South Wales, 27 from New Zealand, 17 from South Australia, 31 from Western Australia and 1 from Queensland.  Like Coffs Harbour City Council, 65% of the participants are Councils with resident populations between 10,000 and 100,000, and 40% are classified as Regional Councils.

 

The program represents a contemporary industry-led system of Council performance measurement that has been delivering results for participating councils for over five years.  The program measures and provides Councils strategic and operational insights into; corporate leadership, workforce management, finance management, operations management, risk management, asset management and service delivery.  Using this information, each Council receives an annual Performance Excellence Report (Attachment 1) along with direct access to the additional Comparative Analysis Tool enabling Councils to drill into the program’s data themselves.  Uniquely, through the Comparative Analysis Tool participating Councils can compare and benchmark their performance against the overall sample, pre identified sub-segments of the sample, new bespoke segments (as created by the Council themselves), as well as all other individual identified participating councils in the sample.

 

Coffs Harbour City Council joined in 2016 at the beginning of the second three year period of the program and 2017 represents Council’s second year of participation.

 

The results of the program will continue to inform areas of focus for Council’s workforce planning and continuous improvement initiatives moving forward.

Issues:

Highlights from the attached 2016-17 Performance Excellence Report for Coffs Harbour City Council are outlined below.  In each case actions are listed to ensure the issues are explored and addressed as necessary.

 

It should be noted that comparisons made with other Councils always need to be cognisant and understanding of differences that exist in each Council’s definitions and methods of service delivery.

 

1.    Overtime spend needs to be more fully understood as it is currently twice the median NSW Council median spend.  It is understood that a component relates to civil contruction for external works; however, whole of organisation analysis is required.

Actions:

·   Analyse overtime by service area.

·   Regular overtime reporting has now commenced for monitoring purposes.

·   Internal audit commissioned to examine practices relating to overtime, time in lieu and allowances.

 

2.    Labour hire use is still above the median which requires a review to ensure the labour resourcing mix is optimum.

Actions:

·   Analyse labour hire use by service area.

·   Regular labour hire reporting has now commenced for monitoring purposes.

 

3.    Staff turnover overall is down, including in the first year of employment, which is viewed as a positive.  However, the next step is to understand if the churn is ‘regrettable or ‘non-regrettable’ and reasons behind departures.  Also, Gen Y turnover has increased which needs to be explored.

Actions:

·   Exit interviews to commence to provide insights.

·   Performance Excellence Framework encourages more conversations, formal and informal, between staff and their leaders, which allows issues or concerns being identified and adressed earlier.

 

4.    Age profile of the workforce shows the need for more proactive succession planning.  25% of Council’s workforce will be eligible for retirement in the next ten years.  The age profile also raises potential fitness for work issues in future years.


 

Actions:

·   Identify the most critical areas requiring more proactive succession planning

·   Commence the succession planning program in accordance with the Workforce Plan

 

5.    Accrued leave, in particluar long service leave, requires continuing attention.  Although this is now an area of more active management by Council’s leadership, the extent of leave accrued does mean it will take some time for the past build up to be fully addressed.

Actions:

·   Continue leave reporting for active leave management

·   Assess the need for further formal leave plans to be in place

·   Ensure leave for new starters is managed appropriately so that the current situation is not perpetuated

 

6.    Council’s gender diversity is lower than the NSW population, although it needs to be noted that water and sewerage skews the result.  This is also more of a challenge for non-metro Councils.  Gender diversity is one aspect of diversity more broadly and a report on strategies to address this matter is currently being prepared.

Actions:

·   Prepare a report for Council idenitifying strategies and options to improve diversity in the workforce

·   Implement adopted strategies

 

In addition to the issues identified above, the report also highlights some good achievements by Council compared to the survey population.  These include:

1.    Loss time injury (LTI) days per 100 employees significantly down from 25 to 6, which is particluarluy outstanding given the NSW survey population result of 63 days.  This relects the focus and hard work of the Work, Health and Safety Team and the participation of the workforce in safety initiatives across Council.

 

2.    FTE per 1,000 residents and remuneration as a percentage of operating expenses are both lower than the NSW survey population.

Options:

As the report is provided only for noting no options analysis is provided.

Sustainability Assessment:

•     Environment

There are no perceived current or future environmental impacts.

•     Social

There are no perceived current or future social impacts.

•     Civic Leadership

Participating in relevant benchmarking programs demonstrates Council’s openness and transparency to self-evaluation, accountability and comparison.  The results of the program will be used to inform areas of focus for Council’s workforce planning and continuous improvement initiatives with the aim to deliver service improvement and/or efficiency for Council and the community.

•     Economic – Broader Economic Implications

There are no direct broader economic impacts from this report.

•     Economic - Delivery Program/Operational Plan Implications

Council’s participation in the program is funded through the Delivery Program / Operational Plan and costs $15,250 per annum for each of the three years 2015-16 to 2017-18.

Risk Analysis:

Publishing the 2016-17 Performance Excellence Report for Coffs Harbour City Council provides further transparency on Council’s operations and performance.  This information may be misused out of context and therefore may present some reputational risk for Council.  However; being open and honest with the community enhances Council’s reputation.

Consultation:

Consultation has occurred with the broader leadership of Council.

Related Policy, Precedents and / or Statutory Requirements:

The following information and disclaimer is required by PwC to be published when the Performance Excellence Report is shared with third parties:

 

Sharing Results with Third Parties

 

This report has been provided to each participating council so that a participating council can understand how it compares to the aggregated findings and for no other purpose.  The report is intended for the participating council recipient only.

 

This report, including all data and comparative insights contained in it, is confidential to PwC and the participating council.  Except as set out below, the report should not be disclosed in whole or in part to another person unless agreed with PwC and the council.

 

As agreed in the survey agreement with the participating councils, each participating council is permitted to share the report with third parties as part of a council meeting, on a council website, or with other Participating Councils provided it is shared in its entirety and the following words are included with the report when the report is provided:

 

“The information, statements, statistics and commentary contained in this report are of a general nature and have been prepared from data provided by Participating Councils.  The reliability, accuracy or completeness of this information has not been independently verified.

 

Accordingly, whilst the statements made in this report are given in good faith, no one should act on the basis of this report without obtaining specific advice and neither LG Professionals, NSW nor PwC accepts any responsibility for the consequences of any person’s use of or reliance on the report (in whole or in part) or any reference to it.”

Implementation Date / Priority:

The report is for noting only.  However, the results of the program will be used to inform areas of focus for Council’s workforce planning and continuous improvement initiatives moving forward.

Conclusion:

This report presents to Council the 2016-17 Performance Excellence Report for Coffs Harbour City Council for consideration and noting.

 


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SC18/09       Planning Proposal to Permit Dual Occupancy (Detached) Development in the RU2 Rural Landscape Zone – Post Exhibition

Author:                        Planner / Urban Designer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      B.1 A thriving and sustainable local economy

Attachments:              ATT1  SC18/09   Planning Proposal PP_2017_COFFS_004_00 to Permit Dual Occupancy (detached) in RU2 Zones - February 2018

ATT2  SC18/09   Revised Draft Coffs Harbour Development Control Plan 2015 - Amendment No 4 (Dual Occupancy - Detached)

ATT3  SC18/09   Summary of Public Submissions

ATT4  SC18/09   Gateway Determination

ATT5  SC18/09   CONFIDENTIAL Submissions

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

ATT6  SC18/09   NSW DPI - Primefact Detached Dual Occupancy Secondary Dwellings in Rural Zones DRAFT  

 

Executive Summary

At its Ordinary Meeting of 12 October 2017, Council resolved to support a Planning Proposal (PP) to modify Coffs Harbour Local Environmental Plan (LEP) 2013 to allow dual occupancies (detached) with development consent in the RU2 Rural Landscape (RU2) zone. Council also agreed at the same meeting to make corresponding changes to Coffs Harbour Development Control Plan (DCP) 2015 to provide guidance about what needs to be addressed in future development applications.

This report informs Council of the outcome of the exhibition of the PP (PP_2017_Coffs_004_00) and draft DCP amendments. It provides Council with a revised planning proposal (Attachment 1), revised draft DCP amendments (Attachment 2) and a summary of submissions received (Attachment 3).

In response to submissions, it is recommended that Council amend one of the numerical standards contained in the PP and corresponding draft DCP and clarify the circumstances in which a dual occupancy (detached) would be a permitted rural use. It is further recommended that Council seek a revised Gateway determination from the NSW Department of Planning and Environment (DPE) and then re-exhibit the revised PP and draft DCP amendments to provide the community a further opportunity to comment.  Following the second public exhibition this matter will be brought back to Council with an overview of submissions. All parties who made submissions to the PP and draft DCP to date will be informed of Council’s decision and the re-exhibition of the revised documents.

 

Recommendation:

That Council:

1.       Endorse revised Planning Proposal PP_2017_COFFS_004_00 to Permit Dual Occupancy (detached) in the RU2 Rural Landscape zone (Attachment 1) and forward it to NSW Planning and Environment seeking a revised Gateway Determination.

2.       Subject to the revised Gateway Determination from NSW Planning and Environment, place the revised Planning Proposal on public exhibition and undertake a repeat of government agency consultation.

3.       Subject to the revised Gateway Determination from NSW Planning and Environment, place revised Draft Coffs Harbour Development Control Plan 2015 – Amendment No 4 (Dual Occupancy - detached) (Attachment 2) on public exhibition with the revised Planning Proposal.

4.       Inform all parties who made submissions to PP_2017_COFFS_004_00 of Council’s decision.

5.       Note that a further report will be brought back to Council for consideration of any submissions following re-exhibition of the revised documents.

 

Report

Description of Item:

At its Ordinary meeting on 23 March 2017, Council resolved to review both Coffs Harbour LEP 2013 and DCP 2015 to potentially include dual occupancies (detached) in the RU2 Rural Landscape zone. On 12 October 2017, Council considered a Discussion Paper evaluating the merits of rural dual occupancies (detached) and agreed to proceed to public exhibition with a PP and draft DCP amendments subject to obtaining a Gateway Determination from NSW P&E. 

The relevant resolution of 12 October 2017 is as follows:

1.   Adopt in principle the Detached Rural Dual Occupancy – Draft Discussion Paper – September 2017 (Attachment 1).

2.   Endorse a Planning Proposal (Attachment 2) to amend Coffs Harbour LEP 2013 to permit dual occupancy (detached) in the RU2 Rural Landscape zone, and forward it to NSW Planning and Environment seeking a “Gateway Determination”.

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

4.   Subject to the Gateway Determination from NSW Planning and Environment, place the Planning Proposal on public exhibition and undertake government agency consultation.

5.   Subject to the Gateway Determination from NSW Planning and Environment, place the draft Detached Rural Dual Occupancy Discussion Paper (Attachment 1) on public exhibition with the Planning Proposal.

6.   Subject to the Gateway Determination from NSW Planning and Environment, place a proposed amendment to Coffs Harbour Development Control Plan 2015 (Attachment 3) on public exhibition with the Planning Proposal, to include provisions that assist applicants in preparing applications for detached rural dual occupancy development.

7.   Note that a further report will be brought back to Council for consideration of any submissions following the public exhibition of all three documents.

NSW P&E issued a Gateway Determination on 10 November 2017 (Attachment 4) and the public exhibition and agency consultation took place from 22 November 2017 until 22 December 2017. Twenty nine submissions were received from the public, one from NSW Department of Primary Industries (Agriculture) (DPI) and one from NSW Rural Fire Service (RFS).

Issues:

·     Government and Agency Submissions

Council received two submissions from Government agencies in relation to the PP (Attachment 5). The DPI does not object outright to the PP but remains concerned about the potential impacts that rural dual occupancies (detached) could have on agricultural production. The concern is that increasing the density of housing in the RU2 zone will result in land that is lost from production and is unlikely to return.  DPI has produced a draft guideline on this issue for NSW Councils to assist in preparing and assessing applications for rural dual occupancies (detached). The draft Detached dual occupancies & secondary dwellings in rural zones guideline is enclosed as Attachment 6. This document and other relevant DPI guidelines have been referenced in the revised draft DCP amendments.

Council supports the use of rural land for commercial agriculture that is sustainable in the long term.  This needs to be balanced against the needs of rural landowners looking to adapt to changing socio-economic circumstances.  The proposed inclusion of provisions into LEP 2013 that require an applicant to ensure the “development will not impair the use of the land (or adjacent land) for agriculture or rural industries” should assist in applications that don’t create conflict with agriculture or rural industries.  Retention of a buffer to property boundaries will also assist. Draft DCP Amendment No 4 has been amended to require a Land Use Conflict Risk Assessment (LUCRA) based on DPI guidelines.

NSW RFS does not object to the planning proposal but notes that all future applications that are located on mapped bushfire prone lands will need to comply with Planning for Bushfire Protection 2006 (as amended). This is a standard requirement which does not require amendment to either Coffs Harbour LEP 2013 or DCP 2015.

·     Community Submissions

Council received 29 submissions from the public on the PP (Attachment 5). No submissions specifically mentioned the draft DCP provisions.  All submissions supported the concept of rural dual occupancy (detached) in some form. Eleven submissions raised concern about the numerical development standards and controls in the draft LEP provisions. One submission queried the permissibility of rural dual occupancies (detached) on multiple rural lots in one parcel that did not otherwise have a dwelling entitlement. These issues are addressed in the submissions summary (Attachment 3).

As a result of community submissions some changes to the PP and draft DCP provisions are recommended. These are summarised in following sections of this report.

·     Dwellings to be situated within 50 metres of each other

The careful siting of an additional dwelling is important to avoid land use conflict in rural areas. Locating it close to the primary dwelling makes it less likely to cause new conflict issues. It also makes it easier to share access and services and less likely to encourage pressure for future subdivision. The draft LEP and DCP as exhibited in late 2017 required a distance of no more than 50 metres between the proposed rural dual occupancy (detached) dwellings.

The standard could be increased to 100 metres in response to submissions received, to provide more flexibility for applicants and to be consistent with other north coast LGAs. However, the 10/50 Vegetation Clearing Code of Practice (section 100Q of the Rural Fires Amendment (Vegetation Clearing) Act 2014) currently allows landowners to clear trees and underlying vegetation on an eligible property, without seeking approval. Increasing the distance between the two dwellings from 50 to 100 metres would expand the area most likely to be impacted by bushfire clearing. This report consequently recommends that the distance between dwellings remain at 50 metres in both the draft LEP and DCP amendment.

·     Dwelling to be situated 200 metres from the boundary of the lot on which it is located

The draft LEP and DCP as exhibited in late 2017 required the second dwelling to be located at least 200 metres from the boundary of the lot on which it is located. This clause was intended to separate additional dwellings from neighbouring land uses such as intensive horticulture, agriculture or rural industries. The distance of 200 metres is the recommended buffer between a rural dwelling and horticulture in the DPI “Living and Working in Rural Areas Handbook”.

The issue of buffers is often controversial.  To protect a second dwelling from neighbouring land uses, it is better to include the buffer that benefits the second dwelling on the land on which the dwelling is located. Some submissions stated that the buffer should be on the lot on which the horticulture (or agriculture or rural industry) is being carried.

Several submissions identified that if the 200 metre distance was retained, that only lots greater than 16 hectares would potentially be eligible for rural dual occupancy (detached) development. This was not intended. The standard could be reduced to 100 metres or to 50 metres to provide more flexibility. Not having a boundary setback at all is not supported.

DPI recommends at least a 50 metre buffer between a rural dwelling and grazing land in the “Living and Working in Rural Areas Handbook”. A 50 metre buffer would assist in reducing rural conflict while not overly limiting the size of the holding on which it could be considered. The distance between the proposed dwelling and the property boundary has consequently been decreased to 50 metres in both the revised LEP and DCP amendments.

·     Detached rural dual occupancy on multiple rural lots

One submission questioned if a rural property has two lots whether each lot would be able to have dual occupancy (detached).  It was never intended that rural dual occupancy (detached) provisions apply to multiple lots in an existing holding or to rural lots that did not otherwise have a dwelling entitlement.  A new sub-clause has been added to the revised LEP provisions (in the PP) to clarify that rural dual occupancy (detached) is only permitted with consent where a dwelling entitlement exists. The draft DCP provisions have also been amended accordingly.

·        Draft NSW DPI (Agriculture) Guideline

DPI has supplied Council with a draft guideline document to be finalised early in 2018 (Attachment 6). The document aims to guide applicants, consultants and consent authorities in the design and assessment of development applications for dual occupancy (detached) in rural zones. The document is supportive of Councils having controls in LEPs and DCPs that promote shared access roads, second dwellings being in proximity to the primary dwelling, buffers to neighbouring properties and being compatible with surrounding rural land use.  It also provides detail on land use conflict risk assessment. The revised PP and draft DCP provisions are consistent with this draft guideline.

·     Revised Gateway Determination and re-exhibition of the draft LEP and DCP

If Council endorses to change the LEP and DCP provisions as recommended, it is considered that a revised Gateway determination and fresh public exhibition is warranted. Consultation with DPI will also need to be repeated. Although this adds several months to the process it will ensure that the community remains fully informed. This report recommends that Council seek a revised Gateway determination from DPE and then re-exhibit the revised PP and draft DCP Amendment to provide the community and agencies a further opportunity to comment.

Options:

Council has three options available relating to this PP and DCP:

1.   Adopt the recommendation of this report.

Comment: This option is responsive to community and agency submissions and ensures maximum consultation and communication of proposed changes.

2.   Reject the recommendation and proceed to finalise the PP and DCP without amendments and/or with different amendments.

Comment: No alternative proposal (and implications) has been considered in this report.

3.   Resolve not to proceed with the PP and DCP amendments at all.

Comment: This option is not consistent with the Council resolution to pursue the changes in the first place.

This report recommends that Council pursue Option One as outlined above.

Sustainability Assessment:

•     Environment

Environmental sustainability issues are summarised in the PP (Attachment 1).  It should also be noted that Council will still require an ecological assessment to accompany any eventual Development Application, consistent with the requirements of the Environmental Planning and Assessment Act 1979.

•     Social

The revised PP looks to allow an additional dwelling option for rural land owners, which has the potential to provide increased social, financial and physical support for residents of rural areas.  It may also permit farmers to keep farms productive by using an additional dwelling to attract and retain labour or provide an additional income stream to the farm.

•     Civic Leadership

The PP and DCP amendment has been undertaken in accordance with the provisions of the Environmental Planning and Assessment Act 1979 (EP&A Act), as well as the EP&A Regulation 2000.  The recommendation to modify the PP and the DCP and re-exhibit the amended documents provides maximum opportunity for the community to participate in the planning process.

•     Economic – Broader Economic Implications

In terms of capital investment, any eventual additional rural dwelling construction has a small potential to generate additional income to the local economy through employment of local tradespeople.  Post-construction, the dwellings will add in a small way to housing stock and this may assist the local economy generally. 

•     Economic - Delivery Program/Operational Plan Implications

Given that this request for an amendment to Coffs Harbour LEP 2013 was Council initiated, costs have been accounted for in Council’s adopted Delivery Program and Operational Plan. Further costs from a second public exhibition will also be Council’s responsibility.

Risk Analysis:

Properly constructed LEP and DCP controls should ensure that any future applications for rural dual occupancies (detached) will be properly assessed and only approved where any constraints affecting the land can be managed effectively.  It should not be assumed that all rural lots will be suitable for a dual occupancy (detached) dwelling. DPI warn that poor planning or design of detached dual occupancies has the potential to negatively impact on the future productive capacity of agricultural industries and the rural environment, particularly where a significant increase in housing density in an area results. If DPI concerns are realised there may be negative impacts on agriculture through land use conflict. The uptake of detached dual occupancy needs to be monitored to gauge if negative impacts on agriculture are occurring. The provisions can be reversed by a future PP if this turns out to be the case.

Consultation:

The PP, draft DCP and Discussion Paper were exhibited from 22 November 2017 to 22 December 2017. Council received a total of 29 public submissions to the PP in response to the exhibition. No submissions mentioned the DCP.  NSW DPI (Agriculture) and NSW RFS also made a submission. These submissions have been addressed in this report and key issues raised by the public are discussed in Attachment 3. All submissions are provided in full in Attachment 5.

Related Policy, Precedents and / or Statutory Requirements:

The following policies and statutory documents have been considered in the preparation of this report:

-     Coffs Harbour Local Environmental Plan 2013 and Coffs Harbour Development Control Plan 2015;

-     Coffs Harbour Local Growth Management Strategy component documents;

-     North Coast Regional Plan 2017;

-     State Environmental Planning Policies (SEPPs);

-     Section 117 Ministerial Directions;

-     Environmental Planning and Assessment Act 1979 and Regulations;

-     MyCoffs Community Strategic Plan;

-     Living and Working in Rural Areas Handbook; and

-     Draft Detached Dual Occupancy and Secondary Dwellings in Rural Zones Guideline (DPI).

Implementation Date / Priority:

The timeframe set by DPE for this PP is that it be completed by 10 May 2018. If Council agrees with the recommendation to re-exhibit the documents then a revised Gateway determination with an amended timeframe will be required.

Conclusion:

This report has provided Council with:

·      A review of the public and government submissions received during the exhibition period of this PP and DCP amendment; and

·      A recommendation to amend the PP and DCP provisions in response to community concerns about numerical standards and the circumstances in which a rural dual occupancy (detached) would be a permitted use in the exhibition draft documents; and

·      A recommendation to seek a revised Gateway determination and to re-exhibit the revised draft documents. 

There is sufficient information to enable Council to support the amended PP and forward it to the DPE for a revised Gateway determination and then to proceed to a second public exhibition in conjunction with the amended DCP. A further report will be provided to Council to advise of the outcomes of the second public exhibition.

 


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SC18/10       Coffs Harbour Development Control Plan 2015 - Amendment No. 2 (Housekeeping 2) - Post Exhibition

Author:                        Planner / Urban Designer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC18/10   Draft Coffs Harbour Development Control Plan 2015- Amendment No 2 (Housekeeping 2)  

 

Executive Summary

Coffs Harbour Development Control Plan 2015 (‘DCP 2015’) came into force on 21 October 2015 and gives effect to Coffs Harbour Local Environmental Plan 2013 (‘LEP 2013’). The first performance (housekeeping) review of DCP 2015 was undertaken in 2017 and took effect on 22 November 2017.

On 7 December 2017, Council resolved to undertake a second housekeeping review - Coffs Harbour Development Control Plan 2015 – Amendment No. 2 (Housekeeping 2). The proposed amendment also sought to address a Notice of Motion (NOM 17/15) from September 2017, which requested a review of shed/ancillary development sizes within residential zones.

The purpose of this report is to bring the draft DCP housekeeping amendment back to Council following its public exhibition from 13 December 2017 to 16 February 2018. No submissions were received during the exhibition period. This report seeks Council’s adoption of the amendments to DCP 2015 (Attachment 1) following public exhibition.

 

Recommendation:

That Council adopt Coffs Harbour Development Control Plan 2015 – Amendment No. 2 (Housekeeping 2) (Attachment 1).

 

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 first performance (housekeeping) review of DCP 2015 was undertaken in 2017 and took effect on 22 November 2017.

A second “housekeeping” performance review, to support the effective implementation of the DCP, was reported to Council on 7 December 2017, titled Coffs Harbour Development Control Plan 2015 – Amendment No. 2 (Housekeeping 2). It recommended some draft amendments to the DCP, to make the DCP clearer and easier to use, and to help Council in meeting its intended planning outcomes, relating 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.

At that meeting, it was resolved that Council:

1.   Endorse and publicly exhibit draft Coffs Harbour Development Control Plan 2015 – Amendment No 2 (Housekeeping 2) – December 2017 (Attachment 1) until mid-February 2018.

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).

This report brings the amendments to DCP 2015 back to Council following the public exhibition, from 13 December 2017 to 16 February 2018, in accordance with the resolution (Attachment 1). No submissions were received during the exhibition period.

Issues:

The purpose of this report is to seek Council’s adoption of Coffs Harbour Development Control Plan 2015 – Amendment No. 2 (Housekeeping 2). No submissions were received during the exhibition period. Since the exhibition, several minor formatting, grammar and nomenclature changes have been made to the exhibited document however the intent and effect has not been altered. There are no additional issues to report to Council in relation to this matter.

Options:

Council has the following options available to progress this matter:

1.   Support the recommendations in this report and adopt the amendments to DCP 2015.

Comment: This option will permit the attached amendments to Coffs Harbour DCP 2015 to be adopted, resulting in an amendment to DCP 2015.

2.   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.   Not proceed with the DCP amendment process and reject the recommendation provided to Council.

Comment: This option will mean that the NOM 17/15 is not addressed.

This report recommends that Council pursue Option 1 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-to-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.”

The DCP amendment process has been 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.

•     Economic - Delivery Program/Operational Plan Implications

This Coffs Harbour DCP 2015 – Amendment No 2 has been 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. The DCP amendment process has been undertaken in accordance with the provisions of the EP&A Act 1979, as well as the EP&A Regulation 2000.

Consultation:

In accordance with the EP&A Regulation 2000, draft Coffs Harbour Development Control Plan 2015 – Amendment No. 2 (Housekeeping 2) was publically exhibited for a minimum period of 28 days from 13 December 2017 to 16 February 2018. No submissions were received.

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.

Conclusion:

This report provides Council with the results of the public exhibition of Council’s second “housekeeping” performance review of DCP 2015, which proposes some amendments to the DCP to support its ongoing effective implementation. The amendment also addresses a Notice of Motion (NOM 17/15) from September 2017, which requested a review of shed/ancillary development sizes within residential zones.

No submissions were received during the exhibition period (13 December 2017 to 16 February 2018). This report seeks Council’s adoption of Coffs Harbour Development Control Plan 2015 – Amendment No. 2 (Housekeeping 2) (Attachment 1) following public exhibition.

 


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SI18/07         Amendment to Alcohol Free Areas in Woolgoolga CBD for Eat Street Events

Author:                        Works Program Co-ordinator

Authoriser:                  Director Sustainable Infrastructure

MyCoffs:                      B.1 A thriving and sustainable local economy

Attachments:              Nil

 

Executive Summary

Following a very successful “Eat Street” event in Market Street, Woolgoolga in September 2017 during the Curryfest celebrations, the organisers wish to hold three similar events during the course of 2018, including as part of this year’s Curryfest. The proposed dates are:

1.       Saturday 14th April 2018 from 3pm – 10pm

2.       Saturday 14th July 2018 from 3pm – 10pm

3.       Saturday 6th October 2018 from 2pm – midnight following the Curryfest on 29th September 2018.

The event involves a number of mobile vendors in Market Street complementing the permanent dining venues showcasing craft beer, cider and wine products. Stall holders will be permitted to sell alcohol to patrons within the fenced event area.

Market Street is currently an Alcohol Free Zone (AFZ). Section 645 of the Local Government (LG) Act provides for Council, by resolution, to allow the temporary suspension of AFZs for specific periods or events.  The LG Act and Ministerial Guidelines on Alcohol Free Zones (February 2009) provide a specific procedure which must be followed in relation to suspending AFZs, and this includes a requirement to seek Council’s endorsement as well as Police approval.

 

Recommendation:

That Council approve the temporary suspension of the Market Street, Woolgoolga Alcohol Free Zone between Nightingale Street and Queen Street, on:

1.       Saturday 14th April 2018 from 3pm – 10pm

2.       Saturday 14th July 2018 from 3pm – 10pm

3.       Saturday 6th October 2018 from 2pm – midnight following the Curryfest on 29th September 2018

These suspensions are pursuant to the provisions of Section 645 of the Local Government Act 1993.

 

Report

Description of Item:

Temporary Suspension of Alcohol Free Zones

Curryfest is an annual festival celebrating Woolgoolga’s unique Punjabi heritage. Each year international and interstate visitors join with thousands of people from all over NSW and locals to enjoy the event. In 2017 there was an additional, very successful event called “Eat Street” on the Saturday following Curryfest, to encourage visitors to lengthen their stay on the Coffs Coast.

“Eat Street” involved a number of mobile vendors, complementing the permanent dining venues operating in Market Street, including 6-8 vendors showcasing their craft beer, cider and wine products. These stallholders were permitted to sell alcohol to patrons within the fenced event area pending suspension of the existing Alcohol Free Zone in Market Street.

Following the outstanding popularity of this event, the organisers propose to hold three more similar “Eat Street” events in Market Street during the course of 2018.

Section 645 of the Local Government (LG) Act provides for Council, by resolution, to allow the temporary suspension of AFZs for specific periods or events.  The LG Act and Ministerial Guidelines on Alcohol Free Zones (February 2009) provide a specific procedure which must be followed in relation to suspending AFZs, and this includes a requirement to seek Council’s endorsement as well as obtaining Police approval.

Issues:

Alcohol Free Zone Suspension

NSW Coffs Clarence Local Area Command (NSW Police) has forwarded written approval for the “Eat Street.” events. There were no reported incidents during the 2017 event, and Police were satisfied with its responsible management. There are no issues perceived with the temporary suspensions as they are for specific managed events in well frequented areas. AFZ suspensions such as these allow Council and the business community flexibility to stage events and festivals as part of a broader activation strategy.

Options:

1.       Adopt the recommendations.

2.       Modify the recommendation to trial the temporary suspensions for the “Eat Street” event.

3.       Reject the recommendation; however, failure to allow flexibility within the Woolgoolga CBD for managed activation events, such as “Eat Street” may impact negatively on the CBD businesses and local tourism outcomes.

Sustainability Assessment:

•     Environment

No negative environmental concerns will occur as a result of the amended alcohol controls.

•     Social

There are minimal social concerns associated with amending the Market Street alcohol free zone to allow “Eat Street” events to take place.  Police will be monitoring the events and have the powers to deal with any anti-social behaviour that may take place under the existing legislation. The organisers have completed a risk assessment, and have obtained approval from the Police. They will adhere to the Responsible Service of Alcohol guidelines.

•     Civic Leadership

This proposal works towards achieving the outcomes identified within the Coffs Harbour 2030 Strategic Plan and addresses the following objectives:

-     A thriving and sustainable local economy

-     A community achieving its potential

-     A vibrant and inclusive place.

•     Economic – Broader Economic Implications

Temporarily suspending the AFZ for specific events and building on successful festivals such as Curryfest provides an economic benefit for the region. The event encourages more tourists to stay in Woolgoolga, and provides entertainment for locals.

•      Economic - Delivery Program/Operational Plan Implications

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

Risk Analysis

Temporary suspension of AFZ’s

The event organiser has completed a risk assessment and proposed a range of measures, such as security personnel, in relation to controlling unruly behaviour. The event is approved by Council, in consultation with the local police, and appropriate risk mitigation measures will be affected for the purpose on the day, including complying with Responsible Service of Alcohol guidelines.

Consultation:

Internally consultation has occurred with all relevant sections.  Externally, consultation has been undertaken with the Coffs Clarence Police Local Area Command, Local Traffic Committee and with the event organisers.

Related Policy, Precedents and / or Statutory Requirements:

Alcohol Free Zones

Section 645 of the Local Government Act provides for Council, by resolution, to allow the temporary suspension of any AFZ. The Act and Ministerial Guidelines on Alcohol-Free Zones (February 2009) provide a specific procedure which must be followed in relation to suspending AFZs, and this includes a requirement to seek Council’s endorsement. 

Following adoption of the suspension of an AFZ, Council must publish a notice in a local newspaper informing the community of the suspension that will be in place: AFZ street signs must be covered immediately on commencement of the timeframe and the covers removed immediately following the suspended time. The Event Organiser will be responsible for ensuring the correct signs are in place.

Implementation Date / Priority:

Notices will be installed following the Council resolution at least one week before each event. The resolution will come into effect once notices are installed.

Conclusion:

It is recommended, for Councillors’ consideration, that allowing a temporary suspension of the AFZ in Market Street Woolgoolga for regular “Eat Street” events will allow for enhanced opportunities for local businesses and subsequent promotion of the town.

 


SI18/08         Selection of Significant Projects

Author:                        Director Sustainable Infrastructure

Authoriser:                  Director Sustainable Infrastructure

MyCoffs:                      A.1 A vibrant and inclusive place

Attachments:              Nil

 

Executive Summary

Council has requested, via the Executive Performance Process that the organisation provide:

 

Four (4) Spade Ready projects which could be pursued if suitable funding

opportunities become available, such that these projects can be

presented to Council for review.”

 

In accordance with Council’s instruction, this report provides a selection of potential projects which are consistent with Council’s instruction, and requests Council’s input in order to identify the 4 (four) Projects which will be accelerated to Shovel Ready Status.

 

The body of this report provides individual analyses of seven Projects including the strength of their individual alignments with potential funding streams, and their alignment with existing Delivery Program documents.

 

For the purposes of documenting a Recommendation, and based solely upon staff review, the Report provides four particular Projects from the wider list as the most appropriate for selection.

 

 

Recommendation:

That Council:

1.       Endorse the development of the following four potential projects to ‘Shovel Ready Status’:

1.1.    J4S Stages 5&6

1.2.    Brelsford Park Masterplan Works

1.3.    North Coast Regional Botanic Garden Glasshouse

1.4.    Jetty Theatre rehearsal space

2.       Note the Estimated Project Development Costs to bring each of the four projects to “Shovel Ready Status”.

3.       If necessary, receive a future report via the Quarterly Budget Review process to operationalise the Estimated Project Development Costs.

 

Report

Description of Item:

This report has resulted from the issuing, by Council, of an Executive Performance Measure requiring the identification of four (4) projects which can be brought to ‘shovel ready’ status in order that future external funding opportunities may be garnered.

A staff process has been conducted to identify and recommend potential projects which may be suitable for Council’s purpose. A significant number of projects were assessed and analysed for relevance. That detailed process has led to a final list of seven (7) projects which are provided here for Council’s consideration and selection.

This report requests that Council now select four of the seven projects with the intention of bring those four projects to ‘shovel ready’ status. Once four projects are resolved by Council an accelerated process of investigation, design and consultation will commence with the intention of having the four projects ‘shovel ready’ by the earliest possible time. As each project achieves shovel ready status a pursuit of suitable funding opportunities can begin with a view to commencing construction of the four projects at the earliest possible opportunity.

Staff have sought to ensure all projects on the wider list of seven are internally consistent with the MyCoffs Community Strategic Plan, Council’s existing Delivery Program (DP), and potential external funding streams. It is important to note that in the case of three of the seven projects offered here for Councillor review, the existing linkages between Council’s existing DP and each of the four projects is rated as ‘weak’. This situation does not preclude Councillors from selecting any of those four particular projects. Council will have an opportunity in the near future to strengthen the required Project-Delivery Program link, if necessary, by adding the selected Project to the existing DP as an ‘unfunded’ item.

Procedurally, if any of the four projects selected by Council fall into the ‘weak’ DP alignment category as described above, they may be incorporated as additions into the DP draft version for public exhibition in April. Conversely, the four projects may be adopted by Council in the final version of the DP during the June round of meetings. Best practice would recommend the former course is the most appropriate due to its transparency.

The analysis provided for each project below also includes a Preliminary Budget Estimate of the cost to bring each project to ‘shovel ready’ status.

Additionally, a Preliminary Estimate of the ‘Cost to Construct’ is also provided. The ‘Cost to Construct’ estimate will be further refined during the Detailed Design Phase, but at this point in time provides a guide to the probable quantum and scale of any external grant bid which might result from Council’s selection of that particular project.

Staff are currently conducting an ongoing review of potential internal funding opportunities from existing sources which may become apparent during the fourth quarter of the current financial year. Any such sources which could be used to fund the process to bring the projects to ‘shovel ready’ status will be brought to Council’s attention via a future financial report.

Issues:

Key points regarding each Project are provided for Council’s consideration and ultimate selection below:

1.       JETTY FORESHORES STAGES 5 AND 6.

Current Readiness Status

 

Project Objective: The objective of this project is the enhancement of the public open space which lies east of Jordan Esplanade and which runs south from the Jetty structure to the southern corner of the Jetty Beach. Additionally, this project envisages the formalisation of existing but informal car parking to the north of the northern break wall. The enhancement types which are envisaged are consistent with those already established in the recently completed J4S Stages 2-4.

 

Community Strategic Plan and Delivery Program Alignment: Yes, this project has a strong alignment with the existing IP&R Framework documents.

 

Funding Alignment: This project is strongly aligned with the potential funding source represented by the Stronger Country Communities Fund – ‘this fund delivers crucial local infrastructure to improve the quality of life of people living in regional NSW. Funding is provided to local projects such as parks, community halls, playgrounds and amenities blocks.

 

Preliminary Budget Estimate to Construct: $7 million.

 

Preliminary Budget Estimate to Bring to Shovel Readiness: As an indication, the design cost for the J4S stages 2-4 was $246,000 for a $9 million project. There are economies of scale for a large project, which would be approximately 5% of the total cost - that is $350,000.

 

2.       BRELSFORD PARK MASTERPLAN WORKS

Current Readiness Status

 

Project Objective: The objective of this project is to provide for high amenity and attractive public space destination in the Coffs Harbour City Centre at the Brelsford Park location.

 

Community Strategic Plan and Delivery Program Alignment: Yes, this project has a strong alignment with the existing IP&R Framework documents via its linkages to the CBD Masterplan.

 

Funding Alignment: This project is strongly aligned with the potential funding source represented by the Stronger Country Communities Fund – ‘this fund delivers crucial local infrastructure to improve the quality of life of people living in regional NSW. Funding is provided to local projects such as parks, community halls, playgrounds and amenities blocks.’

 

Preliminary Budget Estimate to Construct: $5 million

 

Preliminary Budget Estimate to Bring to Shovel Readiness: As this is also a large project, economies of scale would also apply. The estimate for design is 5% of the project - that is $250,000.

 

3.       NORTH COAST REGIONAL BOTANIC GARDEN GLASSHOUSE PROJECT

Current Readiness Status

 

Project Objective: The objective of this project is to build a replacement for the previous Botanic Garden Glasshouse which recently reached the end of its structural life and has been demolished. The replacement structure is intended to be a centrepiece installation which operates to enhance the attractiveness of the high profile Regional Botanic Garden and to provide a wider range of public amenity and uses beyond the central use as a green house.

 

Community Strategic Plan and Delivery Program Alignment: No, this Project has a weak alignment with the existing IP&R Framework documents and would consequently require a change to the existing Delivery Program.

 

Council will have formal opportunity to consider that action during the Operational Plan and Budget briefing in Mid-March. Any project selected from this list that is not currently specifically identified within the DP can be added to the existing DP as an unfunded item at that time.

 

Funding Alignment: Notwithstanding the weak DP alignment described above, this project is strongly aligned with the potential funding source represented by the Stronger Country Communities Fund – ‘this fund delivers crucial local infrastructure to improve the quality of life of people living in regional NSW. Funding is provided to local projects such as parks, community halls, playgrounds and amenities blocks.’

 

Preliminary Budget Estimate to Construct: $800,000

 

Preliminary Budget Estimate to Bring to Shovel Readiness: The concept for the Glasshouse indicate a more complex design and planning process, so the estimate is 10% of the total cost: $80,000

 

4.       JETTY MEMORIAL THEATRE PROJECT

Current Readiness Status

 

Project Objective: There are dual objectives to this project, addressing multiple long-standing issues at the Jetty Memorial Theatre. Primarily the project seeks to create a rehearsal area space which will enable smaller community and not-for-profit groups to access a functional community space in the Jetty area, with a secondary objective to create a co-working collaborative workshop space for the building of theatrical sets and other community based projects. Additionally, this project provides the opportunity to create much needed storage space for the theatre.

 

Community Strategic Plan and Delivery Program Alignment: Yes, this Project has a strong alignment with the existing IP&R Framework documents.

 

Funding Alignment: This project is strongly aligned with the potential funding source represented by the Regional Cultural Fund - “To deliver investment to support bold and exciting regional arts and culture. This fund will encourage the rich diversity of the regions, build tourism potential and support young people”.

 

Preliminary Budget Estimate to Construct: $800,000

 

Preliminary Budget Estimate to Bring to Shovel Readiness: This is a relatively simple structure so an estimate based on 10% of the total cost of the project is allowed for design: $80,000

 

5.       WOOLGOOLGA BEACH RESERVE COMMUNITY INFRASTRUCTURE IMPROVEMENT PROGRAM

Current Readiness Status

 

Project Objective: The objective of this Project is to conduct works in line with the adopted Plan of Management for the Reserve including a playground, amenities and shelters. A concept for the public open space is currently being undertaken and will include community consultation.

 

Community Strategic Plan and Delivery Program Alignment: Yes, this Project has a strong alignment with the existing IP&R Framework documents.

 

Funding Alignment: This project is strongly aligned with the potential funding source represented by the Stronger Country Communities Fund – ‘this fund delivers crucial local infrastructure to improve the quality of life of people living in regional NSW. Funding is provided to local projects such as parks, community halls, playgrounds and amenities blocks.

 

Preliminary Budget Estimate to Construct: $3.5 million

 

Preliminary Budget Estimate to Bring to Shovel Readiness: The completed concept for the Woolgoolga Beach Masterplan needs to be further developed to detailed design phase. Total design costs are estimated to be $210,000 (6%). $60,000 already committed for detailed design of initial elements.

 

6.       WOOLGOOLGA WHALE TRAIL

Current Readiness Status

 

Project Objective: The objective of this project is to construct a footpath and seat spots from Beach Street to the end of Pollack Esplanade Woolgoolga, giving pedestrians access to north facing headland views. It is popular during the whale season and connects with the Coffs Coast Regional Park Coastal Walk. The project is in line with the Woolgoolga Beach Reserve Plan of Management.

 

Community Strategic Plan and Delivery Program Alignment: No, this project has a weak alignment with the existing IP&R Framework documents and would consequently require a change to the existing Delivery Program.

 

Council will have formal opportunity to consider that action during the Operational Plan and Budget briefing in Mid-March. Any project selected from this list that is not currently specifically identified within the DP can be added to the existing DP as an unfunded item at that time.

 

Funding Alignment: Notwithstanding the weak DP alignment described above, this project is strongly aligned with the potential funding source represented by the Stronger Country Communities Fund – ‘this fund delivers crucial local infrastructure to improve the quality of life of people living in regional NSW. Funding is provided to local projects such as parks, community halls, playgrounds and amenities blocks.’

 

Preliminary Budget Estimate to Construct: $600,000

 

Preliminary Budget Estimate to Bring to Shovel Readiness: This project is a smaller civil design, so without the economies of scale the cost is expected to be 7% of construction: $42,000

 

7.       ARRAWARRA RESERVE PROJECT

Current Readiness Status

 

Project Objective: The objective of this project is to complete Zone 2 and Zone 5 of the works for the adopted Arrawarra Reserve Masterplan on Regional Park land. This is a collaborative project managed by the Regional Park Trust Board and Council. Zones 2 and 5 are the park entry and educational place with cultural art elements included in the design.

 

Community Strategic Plan and Delivery Program Alignment: No, this project has a weak alignment with the existing IP&R Framework documents and would consequently require a change to the existing Delivery Program.

 

Council will have formal opportunity to consider that action during the Operational Plan and Budget briefing in Mid-March. Any project selected from this list that is not currently specifically identified within the DP can be added to the existing DP as an unfunded item at that time.

 

Funding Alignment: Notwithstanding the weak DP alignment described above, this project is strongly aligned with the potential funding source represented by the Regional Cultural Fund - “To deliver investment to support bold and exciting regional arts and culture. This fund will encourage the rich diversity of the regions, build tourism potential and support young people”.

 

Preliminary Budget Estimate to Construct: $450,000

 

Preliminary Budget Estimate to Bring to Shovel Readiness: The design estimate is calculated at 8% of the construction estimate as is small scale with few economies of scale: $36,000.

 

Options:

This report responds to a specific instruction by Council therefore no alternate options are provided.

Sustainability Assessment:

•     Environment

There are no environmental impacts associated with the preparation or content of this report; however, the projects identified within this report would each go through a process of environmental impact assessment.

 

Any project selected from the list provided will be subject to Council’s project investigation and design processes which include detailed identification, assessment, and control of environmental impacts.

•     Social

All projects provided for Council’s consideration above are consistent with the “MyCoffs” Community Plan and the social imperatives of Council’s wider strategies.

•     Civic Leadership

The purpose of accelerating four projects to shovel ready status is to ensure Council is ready and prepared to make maximum use of funding opportunities which may arise at short notice. By ensuring that Council is prepared for such opportunities it is demonstrating Civic Leadership.

•     Economic – Broader Economic Implications

There are no detrimental economic implications which arise from this report.

•     Economic - Delivery Program/Operational Plan Implications

As discussed earlier in this report it is not possible to specify accurately the exact additional current year Operating Plan costs which will need to be incurred to accelerate the four projects until they are investigated with surety. In order to address that aspect a further report specifying the financial requirements will be brought forward for Council’s consideration.

 

Since all these projects are included in Council’s capital works plans all costs would have been incurred in the near future. The economic impact will therefore be limited to the bringing forward of future expenditures into the current financial year.

Risk Analysis:

The list of projects brought forward for Council’s review and selection has been vetted by relevant staff for consistency with internal and external strategies and plans.

Consultation:

Consultation with relevant internal stakeholders has been undertaken to develop the list.

Related Policy, Precedents and / or Statutory Requirements:

There are no Policy, Precedent, or Regulatory requirements which relate to this report.

Implementation Date / Priority:

Immediate upon Resolution.

Conclusion:

Council has requested, via the Executive Performance Process, that four projects be brought to shovel readiness via an accelerated process; and further, that those projects be brought before Council for its review.

 

This report provides Council with the opportunity to review and select four projects for the purpose of accelerating their investigation and detailed design. The successful execution of that work will position Council at the forefront of the competitive processes which surround external grant funding opportunities.