Coffs Harbour City Council

14 March 2018

 

Ordinary Council Meeting

 

The above meeting will be held in the Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour on:

 

Thursday, 22 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

 

  

Notices of Motion General

NOM18/01      December 2018 Council Meeting Date.......................................................... 3

General Manager's Reports

GM18/06         Service Partnership with Service NSW...................................................... 4

GM18/07         Joint Organisation Membership..................................................................... 7

GM18/08         Draft Regulations for Joint Organisations......................................... 90

Notices of Motion Business Services

NOM18/02      Qantas Training Academy............................................................................. 124

Directorate Reports - Business Services

BS18/10          Bank and Investment Balances for February 2018........................... 125

BS18/11          Monthly Financial Performance Report for the month ended 28 February 2018..................................................................................................... 147

BS18/12          Property Strategy 2018-2021....................................................................... 165

BS18/13          Coffs Harbour Development Control Plan Amendment 7 (Draft West Woolgoolga Chapter G14) and West Woolgoolga Developer Contributions Plan Review.......................................................................... 203

BS18/14          Hearnes Lake/Sandy Beach Release Area Developer Contributions Review.................................................................................................................... 239

Directorate Reports - Sustainable Communities

SC18/11          Draft Local Biodiversity Offsets Policy.............................................. 266   


NOM18/01   December 2018 Council Meeting Date

Attachments:          Nil

 

Motion:

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

"That the last Council meeting for 2018 be rescheduled from 13 December 2018 to 6 December 2018."

 

Rationale:

“Due to the Councillors increased workloads leading up to Christmas it gives them time to spend with family and friends.”

Staff Comment:

This rescheduling change can be made.

  


GM18/06      Service Partnership with Service NSW

Author:                        Group Leader Business Improvement

Authoriser:                  General Manager

MyCoffs:                      B.1 A thriving and sustainable local economy

Attachments:              Nil

 

Executive Summary

This report provides background information and seeks support to enter into a partnership with Service NSW to deliver the Easy to Do Business program within the Coffs Harbour LGA.  The program aims to streamline the processes of opening a new cafe, restaurant or small bar business and requires a resolution of Council to proceed.

 

Recommendation:

That Council:

1.       Delegate authority to the General Manager to enter into a contract with Service NSW for the Easy to Do Business program; and

2.       Delegate authority to the General Manager to execute any necessary documents under the Common Seal of Council.

 

Report

Description of Item:

It is proposed that Coffs Harbour City Council participates in the Easy to Do Business program through a Service Partnership Agreement with Service NSW.

 

Easy to Do Business was started by the Department of Premier and Cabinet, Service NSW and the

Office of the NSW Small Business Commissioner to encourage investment in small business.

 

The initiative focuses on coordinating and navigating through the various government approvals required by a new business owner.  The initial business sector focus of the program is the cafe, small bar and restaurant sector.  The aim being to streamline the processes of opening a new business, which typically require an owner to deal with 13 agencies, including Council, and to complete 48 forms.

 

Service NSW provides a digital platform and upfront information regarding what is required by a potential new business owner from all of the approval authorities, including Council and includes a single digital form which replaces the 48 existing forms.  A business concierge service, via a single phone number, is also provided to support customers through the process.

 

Benefits of the partnership include, improved support and a single source of information for target businesses, reduced duplication, particularly avoiding repeated entry of the same data such as name and address information by use of the single digital form, streamlining of the processes associated with opening and growing a business, and improved quality of information provided to Council, helping to reduce processing and assessment times.

 

While the initial program is focused on the cafe, small bar and restaurant sector, the intention is to expand to other designated subsectors of the business economy in the future.

 

In accordance with the Service NSW (One-stop Access to Government Services) Act 2013, a Council resolution is required to empower the Service Partnership Agreement and to delegate the relevant customer service functions related to the administration of the Easy to Do Business program to the Chief Executive Officer, Service NSW.

Issues:

There are no perceived current or future issues with the information contained in this report.

Options:

Essentially, Council has two options in considering this report:

 

1.    Adopt the recommendation contained in this report, thus enabling the partnership with Service NSW; or

2.    Reject the recommendation and inform Service NSW that Council does not wish to pursue the Easy to Do Business program.

Sustainability Assessment:

•     Environment

There are no perceived current or future environmental impacts with the information contained in this report.

•     Social

There are no perceived current or future social impacts with the information contained in this report.

•     Civic Leadership

Participation in the Easy to Do Business program demonstrates Council’s leadership by promoting the following objectives of the MyCoffs Community Strategic Plan:

 

-     A thriving and sustainable economy; and

-     We have effective use of public resources.

•     Economic – Broader Economic Implications

Improving processes to enable small business to open faster and create jobs has the potential to positively impact our local economy.

•     Economic - Delivery Program/Operational Plan Implications

Council’s Delivery Program/Operational Plan currently makes no provision for participation in the Easy to Do Business program; however, there are no financial implications for our involvement and the pre-implementation effort required will not impact the delivery program or operational plan.

Risk Analysis:

The Easy to Do Business program has been successfully implemented in a number of councils across NSW.  The support provided by Service NSW before, during and after implementation combined with the NSW governments commitment to ongoing funding mitigates Council’s risk of participating in the program.

Consultation:

Relevant stakeholders within Council have been consulted in regards to the Easy to Do Business program.

Related Policy, Precedents and / or Statutory Requirements:

·     Service NSW (One-stop Access to Government Services) Act 2013

·     Local Government Act 1993 and associated Regulations

Implementation Date / Priority:

The implementation date will be confirmed subject to the outcome of the current footpath activation trial, although preparation for implementation will commence immediately should the recommendation in this report be adopted.

Conclusion:

It is recommended, for Councillors consideration that entering into a partnership with Service NSW for the Easy to Do Business program will provide an improved customer experience for new businesses in the cafe, restaurant and small bar sector.  In addition, the partnership will enable the potential expansion of this offering to other industry sectors as the Easy to Do Business service further evolves.

 


GM18/07      Joint Organisation Membership

Author:                        General Manager

Authoriser:                  General Manager

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

Attachments:              ATT1  GM18/07  NSW OLG Correspondence - 1 December 2017 & JO Information Pack

ATT2  GM18/07  NSW OLG Correspondence - 20 December 2017 & JO Resolution for Councils

ATT3  GM18/07  JO Legislation

ATT4  GM18/07  JOMNCC Proposed Strategic Plan

ATT5  GM18/07  NoM Proposed  

 

Executive Summary

Council initially considered a report on 8 February 2018 which proposed that Coffs Harbour City Council resolve to join a Joint Organisation (JO) following the passing of enabling legislation in late 2017.  At this time, Council resolved to seek an extension of time to consider this matter further and also resolved that a briefing be held on the subject matter.  Subsequently an extension of time through to 23 March 2018 was granted to all regional NSW councils.  A briefing was held on 19 February 2018.

This report contains much of the information that was presented in report GM18/01 and also provides some further information that has become available since that earlier report was prepared.

This report also sets out the process and a formal recommendation to enable Council to participate in the establishment of a Joint Organisation.  Whilst the recommendation in this report suggests the establishment of a JO based on the area covered by the current MIDROC area, the Options section of the report provides detail of what may be required to enable other options to be pursued by Council should it wish.

 

Recommendation:

In accordance with Part 7 of Chapter 12 of the Local Government Act 1993 (Act), the Coffs Harbour City Council (Council) resolves:

1.   That the Council inform the Minister for Local Government (Minister) of the Council’s endorsement of the Minister recommending to the Governor the establishment of a Joint Organisation (Joint Organisation) in accordance with this resolution.

2.   To approve the inclusion of the Council’s area in the Joint Organisation area.

3.   That the Joint Organisation be established to cover the Council’s area and any one or more of the following council areas:

3.1     Bellingen Shire Council

3.2     Clarence Valley Council

3.3     Kempsey Shire Council

3.4     Nambucca Shire Council

3.5     Port Macquarie-Hastings Council

4.   That, on the expiry of a period of 28 days from the making of this resolution, the General Manager provide the Minister:

4.1.     with a copy of this resolution including the date on which Council made this resolution, and

4.2.     inform the Minister that this resolution has not been rescinded, for the purpose of the Minister issuing a certificate under section 400P of the Act.

 

Report

Description of Item:

In August 2011, a forum entitled Destination 2036 was held at Dubbo and was attended by the NSW Minister for Local Government, Mayors and General Managers of practically every council in NSW at the time and other sector stakeholders.  Following this forum, the NSW Government established a Ministerial Advisory Group (LGNSW, Unions and Minister’s representatives) and some-time later appointed the Independent Local Government Review Panel (ILGRP).  The ILGRP was tasked with investigating and identifying options for governance models, structural arrangements and boundary changes for local government in NSW.

 

The ILGRP released its final report “Revitalising Local Government” in October 2013 and the NSW Government released its response to that report in September 2014 through a report titled “Fit for the Future”.  Each of these reports covered a range of issues pertinent to local government and its future, such as the system of rating; financial assistance grants; meeting infrastructure needs; leadership and governance arrangements to name a few.

 

One of the recommendations of the ILGRP Report was a proposal to establish new Joint Organisations (JOs) for each of the regions in NSW under proposed new provisions of the Local Government Act 1993.  The NSW Government supported this in its response, initially by way of establishing a pilot framework and inviting applications for 4/5 pilot JO’s across the State through a competitive process.  5 pilots were chosen and these pilots were supported in their evolution so as to potentially develop a stronger framework for future JOs once the system was formalised.

 

In line with the then suggested boundaries for JOs, Coffs Harbour City, Clarence Valley, Bellingen Shire and Nambucca Shire Councils sought to be part of the pilot process as the North Coast JO and this was supported by two separate Council resolutions.  Unfortunately, the then proposed North Coast JO was not selected to be part of the pilot process.

 

Following what was seen as the success of much of the pilot JO activity during 2015 and 2016 the NSW Government started providing strong indications that JOs would become part of the legislated framework for councils in regional NSW, with perhaps the main issue being whether participation would be compulsory or voluntary.

 

In December 2017, the NSW Office of Local Government advised that the legislation that enables councils to volunteer to be part of a JO passed through parliament and basically set out the process to be followed to enable JOs to be operational by 1 July 2018.  Copies of this correspondence and relevant material can be found at Attachment 1 and Attachment 2 to this report.

 

Attachment 3 to this report provides a copy of the legislation relevant to the formation of a JO.  The legislation sets out the principle functions of a JO, the Board structure, role of the Board and Chairperson and a range of matters relevant to the operations of a JO.

 

As mentioned previously, CHCC, CVC, BSC and NSC originally sought to form a pilot JO in line with boundaries identified in the then final ILGRP Report.  Subsequently, a merger occurred with Gloucester Shire, Greater Taree City and Great Lakes Councils becoming Mid Coast Council and then being allocated to the Hunter Planning Region.  This left Port Macquarie Hastings and Kempsey Shire Councils without the original JO partners envisaged for them.

 

During 2017, with a knowledge that the JO framework was to be pursued by the NSW Government, the councils that are members of MIDROC (CVC, CHCC, BSC, NSC, KSC and PMHC) continued discussions regarding the formation of a JO and UTS:CLG assisted in various workshops with the review of the MIDROC strategic plan following the statutory review of the member councils community strategic plans (in Coffs Harbour’s case, MyCoffs) noting that this updated regional strategic plan could be used as the basis for a JOMNCC Strategic Plan.  A copy of the MIDROC (JOMNCC) Strategic Plan can be found as Attachment 4 to this report.

 

The MIDROC (JOMNCC) Strategic Plan has been prepared with strong reference to each of the member councils Community Strategic Plans, thus ensuring that the “regional” strategic plan has due regard to the various communities that make up the wider region.

 

To be clear, the vision for the MIDROC / JOMNCC Strategic Plan is:

 

“To improve the economic, social and environmental wellbeing of communities in the Mid North Coast region.”

 

The agreed mission, reflecting the core and non-core functions of JOs, is:

 

“To take the lead to set priorities for the Mid North Coast region and work collaboratively with government and non-government organisations to achieve them.”

 

The core and non-core functions of JOs, as identified by the NSW Office of Local Government in 2016, are:

 

§ Strategic planning and priority setting – robust processes for regional outcomes but with the flexibility to respond to changing priorities and the changing needs of member councils

§ Intergovernmental collaboration – focus on building good working relationships with our government (department and agency) stakeholders

§ Regional leadership and advocacy – a combined purpose and strategic direction for the JO as a whole and a willingness to negotiate for the ‘greater good’ of the region rather than individual council interests

§ Building efficient and effective councils – by examining opportunities for shared services and capacity building across the region.

 

Since Council’s consideration of report GM18/01 on 8 February 2018, the other five councils that are currently members of MIDROC have considered their individual reports.  Kempsey, Nambucca and Bellingen Shire Councils have passed resolutions to pursue the formation of a JO with any one or more of the councils that are currently members of MIDROC.  Clarence Valley and Port Macquarie Hastings Councils took similar action to that of Coffs Harbour City Council and effectively sought an extension of time to consider the matter and also have conducted further briefings/workshops.

 

At this stage it is understood that Clarence Valley Council will consider the proposal to participate in a JO at its meeting scheduled for 20 March 2018 and Port Macquarie Council similarly will consider the matter further at its meeting scheduled for 21 March 2018.

 

Also, on 19 February 2018 a briefing/workshop was conducted for Councillors of Coffs Harbour City Council and this was also attended by representatives of the NSW Office of Local Government and the Department of Premier and Cabinet.  A copy of the presentation provided by the NSW OLG representative is available in the Resource Centre for Councillors, as is a recording of the workshop which was prepared for those Councillors who could not attend the 19 February 2018 session.

 

At the same time that the NSW OLG announced the extension to 23 March 2018 to submit a resolution to join a JO, the Regulations and associated guide documents were released.  A separate report has been prepared regarding the Regulations however, importantly the Introduction from the “Supporting Joint Organisation Success Regulation Consultation Guide” makes reference to, and I quote:

 

“JOs will transform the way local and state governments work together to plan and deliver the things that matter to regional communities.  They will give local councils a seat at the table in planning for important regional infrastructure and investment.”

 

The language contained in the above quote has been fairly consistently utilised in communications from various state government representatives.  Also, as recently as Thursday 8 March 2018 a presentation by the Department of Infrastructure, Regional Development and Cities confirmed that the NSW Government ceased operational funding to RDAs on 31 December 2017 and suggested that this funding would predominantly go to JOs.

 

On Tuesday 6 March 2018, a MIDROC Board meeting was held and similar to other briefings/workshops conducted by various councils, the representatives of the NSW OLG and Department of Premier and Cabinet were in attendance.  Following opportunity to engage with these representatives, the Board discussed a number of matters and passed a motion agreeing to give consideration to the following issues in the formation of a Charter for a JO:

 

a)    That decisions of the JO will be by consensus with mechanisms for dispute resolution;

b)    That member council councillors may attend JO Board meetings as observers;

c)    That Board meeting business papers and minutes be made publicly available;

d)    That in the first instance, the proposed JO will focus on the core functions of a JO being;

i.   Regional Leadership and Advocacy

ii.  Strategic planning and priority setting

iii.  Intergovernmental collaboration

 

In summary, whilst the evolution of JOs has been in the making since 2014, the formal passing of legislation only occurred in late November 2017 and the NSW Office of Local Government issued correspondence in December 2017 setting out the process to formalise voluntary JOs in time for commencement in July 2018.  Attachments 1, 2 and 3 to this report set out the formal steps required to progress the formation of a JO.

Issues:

The issues associated with this proposal can perhaps be best summarised as follows:

 

§ The concept of JOs in regional NSW has been the subject of consideration since 2014;

§ Pilot JOs were supported by the NSW Office of Local Government during 2015 and 2016 with a view to refining how JOs would operate once formalised;

§ Most of the pilot JOs were previously regional organisations of councils prior to becoming pilot JOs;

§ The Board of MIDROC has agreed that MIDROC should pursue becoming a JO once the legislation was passed enabling this to occur;

§ The NSW Office of Local Government has provided advice as to the process to be followed to enable JOs to be operational by July 2018;

§ The decision to join a JO is voluntary however, there is a formal proclamation process to enable a JO to come into existence and a similar formal process would be required if Council at some point in the future decided to withdraw from the JO;

§ Much of the terminology/language being used around the new JO framework suggests that the NSW Government is looking to refine its liaison with local government through the proposed JOs.  It is evident that the state government is looking for JOs to play a significant role in the establishment of regional priorities for investment and infrastructure;

§ Becoming a voluntary member of the proposed JOMNCC provides an opportunity for Coffs Harbour City Council to continue to have a voice on matters relevant to the broader Mid North Coast region.

Options:

The following options are available to Council:

 

1.    Adopt the recommendation provided to Council.  The wording of this recommendation is set out word for word in accordance with the advice provided by the NSW Office of Local Government.  It has been stated that for a JO covering a group of councils, each proposed member council must pass a resolution containing the wording provided by the OLG.

2.    Amend the recommendation contained in this report to reflect Coffs Harbour City Council forming a JO with Councils other than those that make up MIDROC in its entirety.  For example, previously Coffs Harbour City Council had resolved to pursue a pilot JO with Clarence Valley, Nambucca and Bellingen Councils.

In this regard, I advise that Cr Townley submitted a proposed Notice of Motion suggesting exactly this (Attachment 5).  I advised Cr Townley that the NoM as such would not be included in the Business Paper however it would be attached to this report for information.  It should also be noted that the form of the wording is not sufficient to satisfy the NSW OLG requirements.

3.    Amend the recommendation contained in this report to reflect Coffs Harbour City Council forming a JO with some other grouping of Councils.

4.    Reject the recommendation and not progress to be a member of a JO.  This option will result in Coffs Harbour City Council not having a seat at the table or potentially a voice on broader issues impacting the Mid North Coast Region.

Sustainability Assessment:

•     Environment

There are no direct environmental impacts associated with Council’s consideration of this report.  The vision of the proposed JOMNCC in part identifies the improvement of environmental wellbeing of the Mid North Coast community.  It is suggested that regardless of the final makeup of the JO that Coffs Harbour City Council joins, this vision should be common.

•     Social

Similar to the environment assessment, there are no direct social impacts associated with Council’s consideration of this report.  Once again the vision of the proposed JOMNCC, or any JO that Council joins should, in part identify the improvement of social wellbeing of the Mid North Coast community.

•     Civic Leadership

One of the main aims associated with the formation of a JO is specifically to provide an increased opportunity for strong civic leadership within the Mid North Coast region.  The mission for the proposed JOMNCC identifies several core and non-core functions including “intergovernmental collaboration” and “regional leadership and advocacy”.

•     Economic – Broader Economic Implications

The vision of the proposed JOMNCC, or any JO that Council joins should, also identify the improvement of the economic wellbeing of the Mid North Coast community.

•     Economic - Delivery Program/Operational Plan Implications

At this stage it is somewhat difficult to identify the exact impact on Council’s Delivery Program and/or Operational Plan.  Currently Council provides a subscription to MIDROC to contribute toward the expenses associated with the operations of MIDROC.  In the past, the subscription has been in the order of $20k, whilst at the present time the figure is more like $6k.  The reason that the subscription has dropped in more recent times reflects the fact that the operations of MIDROC have been scaled back somewhat given the uncertainty over the last couple of years as to exactly what the status of ROC’s versus JO’s would be.

 

At the November Board meeting of MIDROC, the Board nominated an initial funding for the proposed JOMNCC via a base rate of $250k, which equates to $41,666 per member council for 2018/19.  A population per capita rate may be determined above the base rate following the consideration of strategic plan priorities and JO organisational requirements.  Attention is drawn to Q10 in the FAQ document at Attachment 1, which states that the Government will provide up to $3.3 million in seed funding to JO’s across the State to support their establishment.  It is not known exactly how much funding will be available for each JO, however, it can be anticipated that subject to the NSW Government progressing an application for the proposed JOMNCC, or any other JO composition that Council desires to pursue, some level of seed funding will be available which would offset the base rate etc. for the operation of the JO at least in the establishment year.

Risk Analysis:

In its broadest sense, any consideration of risk associated with various considerations of the Board of the proposed JO will be undertaken at the time of considering various matters at a regional level.

 

Perhaps the risk to be considered at this stage is more associated with being a part of a JO as opposed to not being a member of a JO.  Perhaps first and foremost, should Council not be a member of a JO, a risk may be attributed to not having a voice at the regional level on matters that may impact the Coffs Harbour community, particularly on matters of regional investment and infrastructure.  A further risk may exist should Council not pursue membership of a proposed JO and that is associated with the level of funding available to the JO from the state government.

Consultation:

At the time that the ILGRP report was released and again when the NSW Government released its response to that report, significant sector wide consultation occurred on all aspects of the findings and recommendations.  Whilst there were some negative comments made about the proposed JOs at this time, it would be fair to suggest that overall the feedback from the local government sector on the proposal for JOs was positive.

Related Policy, Precedents and / or Statutory Requirements:

Local Government Act 1993

Local Government Amendment (Regional Joint Organisations) Bill 2017

Implementation Date / Priority:

To enable the application to form a JO, the material from the NSW OLG requires that a resolution is passed by Council and notified to the OLG by 23 March 2018.  Thereafter, the Government will assess the application from all councils within the proposed JO area and then progress the matter for proclamation.  Should this process be completed in accordance with the Government’s schedule, it is anticipated that a JO including Coffs Harbour City Council would begin operation in July 2018.

Conclusion:

The concept of JOs has been promoted by the NSW Government since 2014 and the legislation to enable JOs has now been passed in Parliament.  Given the positive deliberations regarding the establishment of the proposed JOMNCC at the MIDROC Board level and Coffs Harbour City Council’s positive consideration of participation in a JO in the past, albeit in the context of the pilot process at the time, it is considered appropriate for Council to pursue the formation of a JO alongside the partner councils within MIDROC with a view to maintaining strong strategic planning for the Mid North Coast region and appropriate regional leadership and advocacy.

 

Should Council consider it inappropriate to pursue a JO based on the member Councils of MIDROC, it is strongly suggested that Council should pursue membership of a JO with Councils within its Region.  The basis of this suggestion is due to the consistent advice/language suggesting that JOs will be a strong reference point for the establishment of regional priorities for investment/infrastructure.  On this basis, it is suggested that Council is better placed to achieve outcomes for the Coffs Harbour community by effectively “being in the tent”.

 


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GM18/08      Draft Regulations for Joint Organisations

Author:                        General Manager

Authoriser:                  General Manager

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

Attachments:              ATT1  GM18/08  Local Government (General) Amendment (Regional Joint Organisation) Regulation 2018

ATT2  GM18/08  Regulation Consultation Guide - Support Joint Organisation Success  

 

Executive Summary

The NSW Office of Local Government (OLG) has released a draft of the Local Government (General) Amendment (Regional Joint Organisations) Regulation 2018 for consultation.

 

The Draft Regulation in applying some sections of the Local Government Act and not others in general terms seems to be unnecessarily prescriptive.  In particular, the intention to exclude provisions conferring land acquisition powers from applying to joint organisations (JOs) has the potential to constrain the operations of JOs.

 

In the drafting of local government legislation in NSW, often the outcome is quite prescriptive in nature rather than achieving an enabling outcome, probably described as being risk averse.  This often prevents an innovative, fresh approach to the task at hand.

 

 

Recommendation:

That Council make a submission to the NSW Office of Local Government on the Draft Local Government (General) Amendment (Regional Joint Organisations) Regulation 2018:

1.       That the proposal to exclude provisions conferring land acquisition powers from applying to joint organisations is not supported for the reason that those powers may be required where councils and the JO agree on the JO carrying out particular functions as a delegate of the councils.

2.       That in general terms the preferred approach to the regulations for Joint Organisations should be to apply the provisions of the Local Government Act and the Local Government (General) Regulation except where those provisions are specifically supplanted by the provisions of the Joint Organisation Act and Regulation.

 

Report

Description of Item:

Council has received a circular from the NSW Office of Local Government concerning consultation on the Draft Regulation to support JOs.  The opportunity for comment on the draft regulations formally closed on Friday 16 March 2018.  This meeting provided the only real opportunity to report this matter to Council and it is proposed that a submission still be forwarded to the NSW Office of Local Government immediately following this meeting.

 

The circular refers to a Regulation Consultation Guide which is attached to this report.  The Draft Regulation is also attached to this report.

 

Most of the matters covered by the Draft Regulation are fairly operational and unlikely to create any concern to councils or JOs.

 

The notable provisions are:

 

·    Each JO charter is to include a methodology for determining annual financial contributions.

·    The JO can have a voting (or non-voting) Mayor as Chair.

·    The term for the Chairperson is 2 years.

·    A voting Chair does not have a casting vote.  In the event of an equality of votes the motion is lost.

·    There is provision for the appointment of alternates.  The Deputy Mayor is the standing alternate.

·    Board meetings may be conducted via videoconference or teleconference.

 

Appendix B and C of the Regulation Consultation Guide seeks to identify which provisions of the Local Government Act 1993 will also apply to JOs.

Issues:

The Regulation Consultation Guide (Attachment 2) notes that where a JO is delegated a function by its member councils, then dis-applied provisions will apply to the JO in carrying out those functions as a delegate of the councils.  This will cover the scenario where Councils agree to delegate some function to be undertaken by the JO.

 

It appears that the Draft Regulation seeks to limit the powers of JOs regardless of the fact that it is open for councils in the JO to delegate functions to the JO.

 

In particular, the Explanatory note to the Draft Regulation indicates the intention to exclude provisions conferring land acquisition powers from applying to joint organisations.  If councils and the JO agree to delegate a function to the JO which may require from time to time the acquisition of land, then it is of concern that this should not be facilitated.

 

It is suggested that the preferred approach to the Draft Regulation for Joint Organisations would be to generally apply the provisions of the Local Government Act and the Local Government (General) Regulation except where those provisions are specifically supplanted by the provisions in the Local Government (Amendment) Regional Joint Organisations Act 2017 and subsequent Regulation.

 

An approach along these lines has the potential to enable innovative thinking about the opportunities JOs might provide for improved efficiency and effectiveness in collaboration with the State agencies and in the delivery of local government services.

Options:

Council has the option of making or not making a submission on the Draft Regulation for the operation of Joint Organisations.

Sustainability Assessment:

•     Environment

There are no implications for the environment.

•     Social

There are no social implications.

•     Civic Leadership

By choosing to provide a submission on the Draft Regulation, Council is demonstrating leadership and attempting to influence the framework under which it operates.

•     Economic – Broader Economic Implications

There are no economic implications.

•     Economic - Delivery Program/Operational Plan Implications

There are no implications for Councils Delivery Program/Operational Plan at this stage.

Risk Analysis:

In the drafting of local government legislation in NSW it often seems to be the case that it dwells too much on potential risks rather than a more liberal approach which champions opportunity.  The Government will not achieve a dynamic, “fresh thinking” local government sector if it continues to be so prescriptive in legislation that opportunities for innovation are stifled.

Consultation:

The matter has been discussed within the Executive.

Related Policy, Precedents and / or Statutory Requirements:

The Draft Regulation has been prepared to compliment amendments to the Local Government Act 1993 that have the effect of enabling the operations of JOs.

Implementation Date / Priority:

Should Council resolve to adopt the recommendation, a submission will be made immediately.

Conclusion:

Whilst it is suggested that it appears that the Draft Regulation does not impose any onerous requirements on Councils or proposed JOs, it is suggested that a submission should be made along the lines suggested in the recommendation to this report.

 


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NOM18/02   Qantas Training Academy

Attachments:          Nil

 

Motion:

Councillor Arkan has given notice of his intention to move the following:

"That a report be brought back to council, as to the viability of attracting the Qantas training academy / school to Coffs Harbour; noting the requirements to put in a bid."

 

Rationale:

“We need to attract a high profile industry to the area that not only creates jobs but helps build our employment, economic and living brand.

We should be making a bid for Qantas it will be the largest pilot Academy in the southern hemisphere.  This will bring jobs to the local area as well as investment and income generation in secondary industries i.e. accommodation, housing, tourism, retail spending and other jobs.”

Staff Comment:

A report can be provided.

  


BS18/10       Bank and Investment Balances for February 2018

Author:                        Section Leader Financial Planning

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS18/10   Monthly Investment Performance for the Month Ended 28 February 2018  

 

Executive Summary

Council’s Bank Balances and Investments as at 28 February 2018 totalled $205,997,936.49.  Council receives independent advice and invests surplus funds in accordance with Council’s Investment Policy to maximise investment income and preserve capital to assist with funding requirements for projects listed under the My Coffs Community Strategic Plan.

 

Also included in the monthly report is a summary of Council’s investments broken down into Fossil Fuel Lending Authorised Deposit Taking institutions (ADIs) and Non Fossil Fuel Lending ADIs (refer attachment).

 

 

Recommendation:

That Council note the bank balances and investments totalling $205,997,936.49 (including from loans, Developer Contributions and other avenues that form the restricted accounts and are committed for future works) as at 28 February 2018.

 

Report

Description of Item:

A copy of the state of Bank Balances and Investments as at 28 February 2018 is attached.  Also included is a summary of Council’s investments broken down into Fossil Fuel Lending Authorised Deposit Taking institutions (ADIs) and Non Fossil Fuel Lending ADIs.

 

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

 

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

 

Reports written by Laminar Group Pty Ltd (Council’s investment portfolio advisors), which examine economic and financial markets data for February 2018 are available in the Councillors’ Resource Centre.

Issues:

There are no issues associated with the report.

Options:

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

Sustainability Assessment:

•     Environment

There are no perceived current or future environmental impacts from the information contained in this report.

•     Social

There are no perceived current or future social impacts from the information contained in this report.

•     Civic Leadership

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

•     Economic – Broader Economic Implications

Council’s investments are held according to the requirements stated within Council’s Investment Policy and the returns are acceptable in relation thereto.  In the long term, earnings from investments can vary due to econcomic conditions and financial markets.  Council constructs its investment portfolio with consideration of current conditions and to comply with the Office of Local Government investment policy guidelines.

•     Economic - Delivery Program/Operational Plan Implications

As at 28 February 2018 it is noted that the total bank and investment balance was $205,997,936.49 comprising restricted and unrestricted General, Trust, Water and Sewerage Fund cash and investments.

Risk Analysis:

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

 

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

 

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

 


 

 

Rating

Ratings Explanation

AAA

Extremely strong capacity to meet financial commitments.  Highest Rating.

AA

Very strong capacity to meet financial commitments.

A

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

BBB

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

BBB-

Considered lowest investment grade by market participants.

BB+

Considered highest speculative grade by market participants.

BB

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

B

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

CCC

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

CC

Currently highly vulnerable.

C

Currently highly vulnerable obligations and other defined circumstances.

D

Payment default on financial commitments.

 

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

 

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

 

·    Deposits/Covered Bonds – these share first ranking

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

·    Subordinated debt

·    Hybrids

·    Preference shares

·    Equity shares (common shares).

 

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

 

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

Consultation:

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

Related Policy, Precedents and / or Statutory Requirements:

Council funds have been invested in accordance with Council’s Investment Policy (POL‑049), which was adopted on 24 August 2017.

Local Government Act 1993 – Section 625

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

Local Government General Regulation 2005

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

Implementation Date / Priority:

Nil.

Conclusion:

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

 


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BS18/11       Monthly Financial Performance Report for the month ended 28 February 2018

Author:                        Senior Finance Business Partner

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS18/11   Monthly Financial Performance Report for the month ended 28 February 2018  

 

Executive Summary

This report presents the monthly financial performance report for 28 February 2018.  The report provides information on the actual to budget position at the financial statement level and capital expenditure reports for the current financial year.

 

Recommendation:

That Council note the monthly financial performance report for 28 February 2018, including the following Consolidated Income Statement.

 

CONSOLIDATED INCOME STATEMENT as at 28 February 2018:

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

93,814

93,814

93,332

User Charges & Fees

30,750

30,641

20,484

22,217

Interest & Investment Revenue

5,140

  5,221

3,302

4,549

Other Revenues

15,171

15,195

9,564

5,617

Grants & Contributions provided for Operating Purposes

12,620

10,846

 

6,608

7,798

RECURRENT REVENUE

158,526

155,717

 

133,772

133,513

 

 

 

 

 

Recurrent Expenditure

 

 

Employee Benefits & Oncosts

48,718

48,358

32,370

33,613

Borrowing Costs

10,621

10,621

5,464

5,452

Materials & Contracts

117,366

140,215

61,013

54,940

Depreciation & Amortisation

46,170

38,907

25,938

25,956

Other Expenses

1,667

  12,794

8,551

4,614

 

Less: Capitalised Expenses

(58,482)

(89,912)

 

(31,976)

(28,601)

RECURRENT EXPENDITURE

166,060

160,983

 

101,360

95,974

NET OPERATING (DEFICIT) / SURPLUS

(7,534)

  (5,266)

 

32,412

37,539

 

 

 

 

 

Capital Revenue

 

 

 

 

Capital Grants, Subsidies, Contributions and Donations

25,793

34,522

 

11,544

12,675

CAPITAL REVENUE

25,793

34,522

 

11,544

12,675

NET SURPLUS

18,259

29,256

 

43,956

50,214

 

 

 

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 February 2018.  This statement compares actual to budget on a monthly and year to date basis at the financial statement level.  Also included are the capital expenditure reports for the current financial year.

 


 

CONSOLIDATED INCOME STATEMENT as at 28 February 2018:

 

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

93,814

93,814

93,332

User Charges & Fees

30,750

30,641

20,484

22,217

Interest & Investment Revenue

5,140

  5,221

3,302

4,549

Other Revenues

15,171

15,195

9,564

5,617

Grants & Contributions provided for Operating Purposes

12,620

10,846

 

6,608

7,798

RECURRENT REVENUE

158,526

155,717

 

133,772

133,513

 

 

 

 

 

Recurrent Expenditure

 

 

Employee Benefits & Oncosts

48,718

48,358

32,370

33,613

Borrowing Costs

10,621

10,621

5,464

5,452

Materials & Contracts

117,366

140,215

61,013

54,940

Depreciation & Amortisation

46,170

38,907

25,938

25,956

Other Expenses

1,667

  12,794

8,551

4,614

Less: Capitalised Expenses

(58,482)

(89,912)

 

(31,976)

(28,601)

RECURRENT EXPENDITURE

166,060

160,983

 

101,360

95,974

NET OPERATING (DEFICIT) / SURPLUS

(7,534)

  (5,266)

 

32,412

37,539

 

 

 

 

 

Capital Revenue

 

 

 

 

Capital Grants, Subsidies, Contributions and Donations

25,793

34,522

 

11,544

12,675

CAPITAL REVENUE

25,793

34,522

 

11,544

12,675

NET SURPLUS

18,259

29,256

 

43,956

50,214

Issues:

The report attached is for February 2018 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 $37.5 million as at 28 February 2018.  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 along with capital expenditure reports for the current financial year.

 


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BS18/12       Property Strategy 2018-2021

Author:                        Director Business Services

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS18/12   Property Strategy 2018 - 2021

ATT2  BS18/12   CONFIDENTIAL Submission - Draft Property Strategy

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

 

Executive Summary

The Property Strategy 2018-2021 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.

 

The draft strategy was endorsed by Council for public exhibition at its meeting on 7 December 2017.  The draft strategy was exhibited for the period 11 December 2017 until 16 February 2018 with one submission received.  The final Property Strategy 2018-2021 (Attachment 1) is now presented to Council and recommended for adoption.

 

 

Recommendation:

That Council:

1.       Adopt the Property Strategy 2018-2021 (Attachment 1); and

2.       Write to those who made a submission advising them of the outcome of their submission.

 

Report

Description of Item:

The Property Strategy 2018-2021 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 Property Strategy 2018-2021 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.

 

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

 

The draft strategy was endorsed by Council for public exhibition at its meeting on 7 December 2017.  The draft strategy was exhibited for the period 11 December 2017 until 16 February 2018.  The final Property Strategy 2018-2021 (Attachment 1) is now presented for Council adoption.

Issues:

During the public exhibition period one submission was received (Attachment 2).  The points raised and responses are contained in the following table.

 

Submission Point

Response

Assessment of community assets primarily economic with significant qualitative value to communities ignored.  Should be centred on social and cultural rather than economic values.

The strategy outlines the need to report utilisation cost as quantitative measures for property management.  However, the strategy also has a specific action “Develop model to quantify community benefits”.  Part A 4 requires that any decision on increased use or disposal of property needs to balance the economic and social benefits and be considered in consultation with the groups concerned.

All community assets should be retained with maintenance and renewal funded by Council.

The strategy does not specify properties for disposal; however, it does highlight areas worthy of review.  Again any proposal to dispose of property will require the balancing of economic and social benefits and consultation.

Part B 1 seeks to review structural maintenance and renewal of facilities to determine Council’s approach to this issue and funding priorities.

Annual review period of assets and leases too onerous on community organisations and should be five years.

Part E of the strategy provides for the development of regular reporting on property, which is considered good practice.  However, this does not infer that leases will be reviewed in the same cycle.  Also, the reporting is to undertaken by Council officers, not by community organisations.

 

The issues raised through the submission are noted and are considered to have been satisfactorily addressed in the draft strategy.

 

Upon review some minor changes have been made to the draft strategy as follows:

·    Punctuation and typographical errors corrected

·    Specific reference to masterplans to inform processes under Parts A 1 and A 2

·    Specific mention of the Civic and Cultural Space Project under Part A 3 i

·    Implementation framework moved forward by one year in recognition that the Strategy is being recommended for adoption in March 2018.

Options:

The following options are available to Council:

 

1.    Adopt recommendations provided in this report, thereby adopting the Property Strategy 2018-2021.

2.    Amend or reject the recommendations should Council wish to propose alternate options.

Sustainability Assessment:

•     Environment

The optimum use of property for service delivery or other strategic 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 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 community usage of facilities.

•     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 Property Strategy 2018-2021 provides a holistic and consistent approach to the management of its property portfolio.  This reduces various risks that come from ad-hoc decision making in relation to the management of property assets.

Consultation:

The draft strategy was exhibited for the period 11 December 2017 until 16 February 2018 with one submission received.  Further internal consultation also occurred during this period.

Related Policy, Precedents and / or Statutory Requirements:

The Property Strategy 2018-2021 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 Property Strategy contains a timeline of four years for implementation.  Implementation progress will be reviewed on an annual basis and the strategy itself will be reviewed near the end of the implementation timeline.

Conclusion:

The final Property Strategy 2018-2021 is now presented to Council and recommended for adoption.

 


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BS18/13       Coffs Harbour Development Control Plan Amendment 7 (Draft West Woolgoolga Chapter G14) and West Woolgoolga Developer Contributions Plan Review

Author:                        Developer Contributions Project Officer

Authoriser:                  Director Business Services

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  BS18/13   Coffs Harbour Development Control Plan Amendment 7 (Draft West Woolgoolga Chapter G14)

ATT2  BS18/13   Draft West Woolgoolga Developer Contributions Plan 2018  

 

Executive Summary

The objective of the report is to obtain Council approval to place Coffs Harbour Development Control Plan (DCP) Amendment 7 (draft West Woolgoolga Chapter G14) and draft West Woolgoolga Developer Contributions Plan 2018 on public exhibition.

 

Recommendation:

That Council endorse the placement of Coffs Harbour DCP Amendment 7 (draft West Woolgoolga Chapter G14) and draft West Woolgoolga Developer Contributions Plan 2018 on public exhibition for a period of 28 days.

 

Report

Description of Item:

Proposed amendments to Chapter G14 of Coffs Harbour DCP 2015 have been reviewed to ensure reasonable facilities are provided to the local community members in this release area.

 

In addition, Council has had in place a Developer Contributions Plan for the West Woolgoolga urban release area since October 2004.  The Developer Contributions Plan has been the subject of six reviews since its initial adoption, many of which have been for minor amendments or “housekeeping” issues.

 

The current draft plan is the result of a full review of all facilities, costs and population projections.  Lot yields were re-estimated from 203 lots to 270 lots for this most recent review. The review has resulted in a proposed reduction in developer contributions of $10,936 per lot from $39,644 to $28,708 in Precinct 1 and $14,705 per lot from $39,644 to $24,939 for all lots in the remaining catchment.  This is inclusive of water and wastewater contributions (refer to map 3, page 18 of Attachment 2).

Issues:

Chapter G14 of Coffs Harbour DCP 2015:

 

-     Removal of the Collector Road - The collector road is no longer necessary or feasible within the DCP.  The expected population is not sufficient to warrant the need for a collector road.  There are two property owners and each have direct access to their proposed development sites via either McIntosh Road or Newmans Road.

 

-     Moving the Neighbourhood Playground - The neighbourhood park has been moved following negotiations as part of an approved development.  The intended new site means the playground will be more centrally located with improved accessibility for a greater number of residences.  It will form a stopping point on the proposed cycleway and is in close proximity to the proposed pedestrian/cycleway bridge.

 

West Woolgoolga Developer Contributions Plan:

 

-     The upgrade of the Pacific Highway has resulted in it no longer passing through parts of the Woolgoolga Town Centre area.  This has resulted in a need to review the level of proposed works required at the Newmans Road/Solitary Islands Way intersection, which is the major access point for the majority of the release area.  A traffic study commissioned has indicated that upgrade works are required with the preferred option being the re-alignment of the eastern section of Newmans Road and the installation of traffic signals at the intersection with Solitary Islands Way.

 

-     The plan review has resulted in the release area being divided into two precincts for the purposes of contributions towards road and intersection upgrades.  The intersection upgrade works and the upgrade of Newmans Road provide a benefit to Precinct 1 only and accordingly contributions are to be levied on this precinct.

Options:

In considering this report Council has the following options:

 

1.    Place the draft Coffs Harbour DCP Amendment 7 (draft West Woolgoolga Chapter G14) and the draft West Woolgoolga Developer Contribution Plan 2018 on exhibition.

 

2.    Reject the recommendations of this report and retain the current Chapter G14 of Coffs Harbour DCP 2015 and/or the current West Woolgoolga Developer Contribution Plan.

 

Option 1 is recommended to ensure the plans are aligned and reflect current infrastructure provisions for this release area.

 

Should the draft Developer Contributions Plan not be progressed then Council may be open to challenge as a result of contribution levels being in excess of that required to fund the infrastructure included in the plan.

Sustainability Assessment:

•     Environment

Environmental issues are considered in the preparation of the DCP applicable to the relevant areas.  Detailed environmental issues are assessed at the design stage for infrastructure works and at the time of assessment of development applications.

•     Social

The completion of the works included in the draft Developer Contributions Plan will have a positive effect on the future population of the release areas through improved provision of infrastructure for use by the residents.

•     Civic Leadership

The revised costs included in the draft Developer Contributions Plan more accurately reflect the estimated costs of providing infrastructure required for use by the future population of West Woolgoolga.  This exhibits sound management practices and ensures infrastructure is provided in line with the intentions and requirements of Section 94 of the Environmental Planning and Assessment Act 1979.

•     Economic – Broader Economic Implications

The draft Developer Contribution Plan provides a mechanism for the collection of funds to enable the provision of infrastructure required as a result of development.  Future maintenance will ensue from the provision of the facilities, however funding for this is generally derived from increased general revenue resulting from additional urban development.

•     Economic - Delivery Program/Operational Plan Implications

There are no immediate Delivery Program/Operational Plan implications associated with this report.

Risk Analysis:

The draft Developer Contributions Plan includes work schedules that are dependent upon future contribution income streams from developments.  The plan is based on cost estimates of proposed works that may require adjustment as final costings are prepared prior to the commencement of works.  However, significant effort has been directed towards a lengthy process of costing the projects included in the works schedule to minimise the risk of cost variances.

Consultation:

Relevant Council staff have been consulted and have provided the necessary information to progress the review of the DCP and the Developer Contributions Plan.  Specialist consultants were also engaged to provide the necessary information to enable determination of the level of works required at the Newmans Road/Solitary Islands Way intersection.

Related Policy, Precedents and / or Statutory Requirements:

Section 94 of the Environmental Planning and Assessment Act 1979 makes provision for Council to impose a condition of consent requiring a monetary contribution towards the provision of amenities and services that are required as a result of development.

 

Section 26(4) of the Environmental Planning and Assessment Regulation 2000 provides that draft Contributions Plans must be exhibited for at least 28 days.  A notice of exhibition is required to be placed in the local newspaper.

 

Section 33A of the Environmental Planning and Assessment Regulation 2000 states as follows:

 

(1)    A council is required to keep a contributions plan under review and, if a date by which a plan is to be reviewed is stated in it, is to review the plan by that date.

(2)    A council is also to consider any submissions about contributions plans received from public authorities or the public.

Implementation Date / Priority:

The draft plans will be placed on public exhibition immediately should Council adopt the recommendation in this report.

Conclusion:

The proposed amendments to the draft West Woolgoolga DCP component G14, aligns with current urban planning studies/statistics and future population expectations.

 

It is appropriate that a review of the West Woolgoolga Developer Contributions Plan be progressed to ensure that contributions reflect the true cost of the infrastructure to be funded under the plan.

 


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BS18/14       Hearnes Lake/Sandy Beach Release Area Developer Contributions Review

Author:                        Developer Contributions Project Officer

Authoriser:                  Director Business Services

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  BS18/14   Draft Hearnes Lake/Sandy Beach Release Area Developer Contributions Plan 2018  

 

Executive Summary

The objective of the report is to obtain Council approval to place the draft Hearnes Lake / Sandy Beach Release Area Developer Contributions Plan 2018 on public exhibition.

 

Recommendation:

That Council endorse the placement of the draft Hearnes Lake / Sandy Beach Release Area Developer Contributions Plan Review 2018 on public exhibition for a period of 28 days.

 

Report

Description of Item:

A review has been conducted on the Hearnes Lake / Sandy Beach Release Area Developer Contributions Plan.  This plan has been reviewed to ensure financial viability and reasonable facilities are provided to the local community members in this release area.

 

The Developer Contributions Plan has been the subject of six reviews since its initial adoption, with the last review being conduct in August 2016.

 

The current draft plan is the result of a full review of all facilities, costs and population projections.  Future lot yields were re-estimated from 670 lots to 468 lots for this most recent review. This takes into account released land and terms of approval of existing consents since the last review.  The review has resulted in:

·    A proposed reduction in contributions of $2,574.44 per lot from $35,313.70 to $32,739.27 per lot in the Western Precinct.

·    A proposed increase in contributions of $3,847.67 per lot from $33,949.61 to $37,797.28 per lot in the Northern Precinct.

·    A proposed reduction in contributions of $2,785.12 per lot from $29,818.71 to $27,033.59 in the Eastern Precinct.

This provides a cumulative reduction of $1,511.89 across all precincts in the catchment.  All figures are inclusive of water and wastewater contributions (refer to map 3, page 18 of Attachment 1).

Issues:

(1)       Development has progressed in accordance with this plan; that is, specific works have been completed within the existing schedule of works, predominantly in the Western Precinct. These works include sea crest roundabout, improvements to Graham Road intersection and the neighbourhood park. Also costs have been re-evaluated due to the increase in general cost of construction works.

(2)        

(3)        

(4)       Therefore, it is necessary for the plan to be reviewed and amended to ensure financial viability and to also ensure it meets the future development needs of the urban release area.

Options:

In considering this report Council has the following options:

 

1.    Place the draft Hearnes Lake/Sandy Beach Release Area Developer Contributions Plan 2018 on exhibition.

2.    Detail any proposed amendments to the draft Hearnes Lake/Sandy Beach Release Area Developer Contributions Plan 2018 for exhibition.

3.    Reject the recommendations of this report and retain the current Hearnes Lake/Sandy Beach Developer Contributions Plan.

Option 1 is recommended to ensure the plan is aligned and reflects current infrastructure provisions for this release area.

 

Should the draft Developer Contributions Plan not be progressed then Council may be open to challenge as a result of contribution levels not being aligned with the funding required for the infrastructure included in the plan.

Sustainability Assessment:

•     Environment

Environmental issues are considered in the preparation of the Development Control Plans applicable to the relevant areas.  Detailed environmental issues are assessed at the design stage for infrastructure works and at the time of assessment of development applications.

•     Social

The completion of the works included in the draft Developer Contributions Plan will have a positive effect on the future population of the release areas through improved provision of infrastructure for use by the residents.

•     Civic Leadership

The revised costs included in the draft Developer Contributions Plan more accurately reflect the estimated costs of providing infrastructure required for use by the future population of Hearnes Lake/Sandy Beach area.  This exhibits sound management practices and ensures infrastructure is provided in line with the intentions and requirements of Section 94 of the Environmental Planning and Assessment Act 1979.

•     Economic – Broader Economic Implications

The draft Developer Contribution Plan provides a mechanism for the collection of funds to enable the provision of infrastructure required as a result of development.  Future maintenance will ensue from the provision of the facilities, however funding for this is generally derived from increased general revenue resulting from additional urban development.

•     Economic - Delivery Program/Operational Plan Implications

There are no immediate Delivery Program/Operational Plan implications associated with this report.

Risk Analysis:

The draft Developer Contributions Plan includes work schedules that are dependent upon future contribution income streams from developments.  The plan is based on cost estimates of proposed works that may require adjustment as final costings are prepared prior to the commencement of works.  However, significant effort has been directed towards a lengthy process of costing the projects included in the works schedule to minimise the risk of cost variances.

Consultation:

Relevant Council staff have been consulted and have provided the necessary information to progress the review of the Hearnes Lake/Sandy Beach Release Area Contributions Plan.  Specialist consultants were engaged as part of the Developer Contributions Working Group to provide the necessary information to enable determination of the level of works required.

Related Policy, Precedents and / or Statutory Requirements:

Section 94 of the Environmental Planning and Assessment Act 1979 makes provision for Council to impose a condition of consent requiring a monetary contribution towards the provision of amenities and services that are required as a result of development.

 

Section 26(4) of the Environmental Planning and Assessment Regulation 2000 provides that draft Contributions Plans must be exhibited for at least 28 days.  A notice of exhibition is required to be placed in the local newspaper.

 

Section 33A of the Environmental Planning and Assessment Regulation 2000 states as follows:

 

(1)    A council is required to keep a contributions plan under review and, if a date by which a plan is to be reviewed is stated in it, is to review the plan by that date.

(2)    A council is also to consider any submissions about contributions plans received from public authorities or the public

Implementation Date / Priority:

The draft plan will be placed on public exhibition immediately should Council adopt the recommendations of this report.

Conclusion:

It is appropriate that a review of the Hearnes Lake/Sandy Beach Release Area Developer Contributions Plan 2018 be progressed to ensure that contributions reflect the true cost of the infrastructure to be funded under the plan.

 


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SC18/11       Draft Local Biodiversity Offsets Policy

Author:                        Senior Biodiversity Officer

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC18/11   Draft Local Biodiversity Offsets Policy   

 

Executive Summary

The draft Biodiversity Offsets Policy was exhibited from 20 September to 18 October 2017.

However, the introduction of the Biodiversity Conservation Act 2016 has resulted in amendments to the draft policy being required.  To ensure transparency, it is proposed to re-exhibit the draft policy, renamed to Local Biodiversity Offsets Policy.

 

Recommendation:

That Council

1.   Re-exhibit the updated draft Local Biodiversity Offsets Policy for a minimum period of 28 days (Attachment 1).

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

 

Report

Description of Item:

At the Ordinary Council meeting of 8 June 2017, it was resolved that the Biodiversity Offsets Policy, the Dedication of Land Policy and the Voluntary Planning Agreement Policy all be placed on public exhibition for a period of 28 days’.

These policies were exhibited from 20 September to 18 October 2017 and there were no submissions.

On 25 August 2017, the Threatened Species Conservation Act 2005 was repealed and the Biodiversity Conservation Act 2016 came into effect.  This change in legislation required some amendments to the draft Biodiversity Offsets Policy. To ensure transparency, it is recommended to re-exhibit the draft policy (Attachment 1).

The policy outlines Council’s approach to the use of biodiversity offsetting (‘offsets’) under the planning processes of Parts 3, 4 and 5 of the Environment Planning and Assessment Act 1979 and the Biodiversity Conservation Act 2016. The policy broadens the existing approach of requiring offsets set out in Coffs Harbour Development Control Plan 2015, to allow more flexibility by meeting offset principles rather than counting trees being removed and required to be planted.

Since the previous draft, the policy has been amended to detail Council’s approach to considering the potential increase or decrease of biodiversity credits as allowed for in the Biodiversity Conservation Act 2016. Legal advice was also considered in re-drafting of the policy to ensure accuracy in interpretation of the legislation. The name of the policy has also been amended to reflect the intent of promoting local offsetting.

The draft policy refers to the Voluntary Planning Agreement Policy and the Dedication of Land Policy to ensure that legal processes are met.  Following re-exhibition of the draft Biodiversity Offsets Policy, all three policies will be brought to Council for recommendation of final adoption.

Options:

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

1.   Adopt the recommendation provided to Council.

2.   Amend the recommendation or draft policy provided to Council and then adopt. It should be taken into account that a legal review was undertaken to the draft policy due to the complexity and requirement to ensure compliance with legislation.

3.   Reject the draft policy provided to Council.

This report recommends Option 1.

Sustainability Assessment:

•     Environment

The draft policy provides for greater flexibility and transparency in dealing with biodiversity offsetting. If well managed, biodiversity offsetting can result in substantial environmental outcomes.

•     Social

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

•     Civic Leadership

Policies are important for ensuring transparency and accountability in local government.  Their implementation enables Council to identify and respond to the community.

•     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.

Risk Analysis:

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

Consultation:

Internal stakeholders were consulted with the drafting of the policies and a legal review has occurred. 

Related Policy, Precedents and / or Statutory Requirements:

A legal review has been undertaken to ensure compliance with the Environmental Planning and Assessment Act 1979 and the Biodiversity Conservation Act 2016.

Implementation Date / Priority:

Exhibition of the draft policy will occur following the Council resolution.

Conclusion:

This report recommends Council endorse the re-exhibition of the draft Biodiversity Offset Policy.

 


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