Coffs Harbour City Council

18 July 2018

 

Ordinary Council Meeting

 

The above meeting will be held in the Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour on:

 

Thursday, 26 July 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.      Notices of Motion - Trust

19.      Trust Reports

20.      Requests for Leave of Absence

21.      Questions On Notice

22.      Matters of an Urgent Nature

23.      Consideration of Confidential Items (if any)

24.      Close of Ordinary Meeting.

 

 

Steve  McGrath

General Manager

 

 


Order of Business

 

  

General Manager's Reports

GM18/18         Development Applications - Consideration by Council Policy - Review...................................................................................................................................... 3

GM18/19         Local Government NSW Conference 2018 - Voting Delegates and Submitting Motions............................................................................................ 9

Notices of Motion Business Services

NOM18/16      Review of Fees and Charges - Council Controlled Reserves... 24

Directorate Reports - Business Services

BS18/43          Boat Ramp Signage and Associated Works.......................................... 25

BS18/44          Software-as-a-Service Contract............................................................. 28

Notices of Motion Sustainable Communities

NOM18/17      Youth Club or PCYC Facility - Woolgoolga......................................... 36

Directorate Reports - Sustainable Communities

SC18/27          Planning Proposal to Permit Detached Dual Occupancy Development in the RU2 Rural Landscape Zone – Post Exhibition.......................... 37

SC18/28          2018/19 Donations and Rates Subsidy Program................................... 87

Directorate Reports - Sustainable Infrastructure

SI18/17           Traffic Committee Meeting 4/2018.............................................................. 93   


GM18/18      Development Applications - Consideration by Council Policy - Review

Author:                        Governance Coordinator

Authoriser:                  Group Leader Governance

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

Attachments:              ATT1  GM18/18  Development Applications - Consideration by Council Policy  

 

Executive Summary

Council’s Development Application – Consideration by Council Policy is a policy that outlines when a particular development application is required to be reported to a council meeting for determination rather than being determined under delegated authority by council staff.

 

The policy has been reviewed and proposed changes made with the aim being to make it clearer when a development application needs to be reported to Council.  The updated policy aligns with the criteria that mandate what development applications are reported to local planning panels in Greater Sydney and Wollongong.

 

 

Recommendation:

That Council adopt the updated Development Applications – Consideration by Council Policy (Attachment 1) which will take effect on 3 September 2018.

 

Report

Description of Item:

The Development Applications – Consideration by Council Policy was last reviewed and approved on 12 October 2017. The policy sets out that development applications for approval involving substantial aspects of the following elements be referred to Council for determination:

 

a)   Significant public interest and community input

b)   A proposed variation to the Local Environmental Plan that varies from the development standard by more than 10%

c)   Significant land use

d)   Major environmental issues

 

Terms used in the policy have at times prompted discussion on what actually constitutes ‘substantial aspects’ of the elements of ‘significant’ public interest or ‘significant’ land use or ‘major’ environmental issues. These terms can be somewhat subjective and thereby it has not always been definitive if a particular development application has reached a particular threshold and needs to be reported to Council.

 

When considering best practice for councils referring development applications to a Council meeting for determination, reference can be made to the recent direction given by the Minister for Planning regarding development applications that are to be reported to local planning panels in the Greater Sydney Region and Wollongong. The development listed in the schedule of the direction is comprehensive and deals with conflict of interest, contentious development, departure from development standards and sensitive development.

 

Adopting a policy that requires development applications to be reported to Council consistent with the development listed in the direction given by the Minister for Planning would address the ambiguity of the current policy and represent current practice and good governance. Such a policy would set out that Council is to determine development applications involving development of a kind specified as follows:

 

1.       Conflict of interest

 

Development for which the applicant or land owner is:

 

a)    the council,

b)    a councillor,

c)    a member of council staff who is principally involved in the exercise of council’s functions under the Environmental Planning and Assessment Act 1979,

d)    a member of Parliament (either the Parliament of NSW or Parliament of the Commonwealth), or

e)    a relative (within the meaning of the Local Government Act 1993) of a person referred to in (b) to (d).

but not development for the following purposes:

a)    internal alterations and additions to any building that is not a heritage item,

b)    advertising signage,

c)    maintenance and restoration of a heritage site, or

d)    minor building structures projecting from the building façade over public land (such as awnings, verandahs, bay windows, flagpoles, pipes and services, and sun shading devices).

 

2.       Contentious development

 

Development that is the subject of 10 or more unique submissions by way of objection.

 

3.       Departure from development standards

 

Development that contravenes a development standard imposed by an environmental planning instrument by more than 10% or non-numerical development standards.

 

4.       Sensitive development

 

a)    Designated development

b)    Development to which State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development applies.

c)    Development involving the demolition of a heritage item.

d)    Development for the purpose of new licenced premises, that will require one of the following liquor licences:

i.        A club licence under the Registered Clubs Act 1976,

ii.       A hotel (general bar) licence under the Liquor Act 2007, or

iii.      An on-premises licence for public entertainment venues under the Liquor Act 2007

e)    Development for the purpose of sex services premises and restricted premises.

f)     Development applications for which the developer has offered to enter into a planning agreement.

 

A revised Development Applications – Consideration by Council Policy incorporating the above changes is included as attachment 1 to this report.

 

It is likely that if the existing policy was amended to include the above provisions, there would be an increase in the number of development applications that would need to be reported to Council for determination.  This is due to clearer definition of the number of submissions received, greater development types or the conflict of interest provisions. This will have an impact on staff and councillors time in the preparation and consideration of council reports.

Options:

1.   To accept the recommendation of this report.  This aligns with current practice and addresses the ambiguity of the current policy.

2.   To reject the recommendation of this report.

Sustainability Assessment:

•     Environment

Environmental impacts are considered with all development applications. Sensitive development will be reported to Council as per the proposed updated policy.

•     Social

Contentious and sensitive development will be reported to Council as per the proposed policy.

•     Civic Leadership

Increase in community confidence through enhancing the probity and accountability of decision-making in the determination of development.

•     Economic – Broader Economic Implications

The determination of development applications has an impact on the local development and construction industry.

•     Economic - Delivery Program/Operational Plan Implications

As highlighted previously, it is anticipated that the updated criteria setting out which development applications will be determined by Council, will lead to increased development applications being reported to Council.  Consequently, this will impact on development application assessing times.

Risk Analysis:

There is a strong likelihood adoption of proposed Development Application – Consideration by Council Policy will increase the number of Development Applications reported to Council meetings for determination but will also decrease governance risks as it is in line with best practice and more clearer.

Consultation:

This matter was discussed at a Councillor workshop held on 15 March 2018.

Related Policy, Precedents and / or Statutory Requirements:

-     Coffs Harbour City Council - Development Application: Consideration by Council Policy

-     Environmental Planning and Assessment Act 1979

-     Environmental Planning and Assessment Amendment Act 2017 No 60

-     Local Planning Panels Direction – Development Applications - Minister for Planning 23/02/18

Implementation Date / Priority:

This policy will take effect on 3 September 2018 and applies to development applications made but not determined before 3 September 2018.  This timeline allows administrative processes to be updated.

Conclusion:

The adoption of a policy that is more specific when nominating development applications that need to be reported to Council will establish a clear expectation for staff, councillors and the public.

 


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GM18/19      Local Government NSW Conference 2018 - Voting Delegates and Submitting Motions

Author:                        General Manager

Authoriser:                  General Manager

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

Attachments:              ATT1  GM18/19  Local Government NSW Annual Conference 2018 Official Notice  

 

Executive Summary

Council is required to nominate its authorised voting delegates in preparation for attendance and voting at the Local Government NSW Annual Conference 2018.  The process as it relates to the submission of motions for consideration at the Conference is also outlined.

 

 

Recommendation:

That :

1.       Council resolve to nominate the following Councillors as the Coffs Harbour City Council voting delegates for the 2018 LGNSW Annual Conference;

1.1.    Councillor

1.2.    Councillor

1.3.    Councillor

1.4.    Councillor

2.       Councillors wishing to propose motions for consideration by Council for inclusion on the LGNSW Conference Business Paper are to submit any such motions to the General Manager by close of business Wednesday 8 August 2018.

 

Report

Description of Item:

Local Government NSW (LGNSW) represents the interests of NSW general purpose councils, special purpose councils and the NSW Aboriginal Land Council.

 

LGNSW represents the views of councils by:

 

·    Advocating councils’ views to governments;

·    Promoting local government to the community; and

·    Providing specialist advice and services.

 

Correspondence has been received from LGNSW containing information regarding the upcoming annual conference due to be held from Sunday 21 October 2018 to Tuesday 23 October 2018 at the Entertainment Centre, Albury. Information has been provided in regard to:

 

·    Registering to attend the Conference

·    Registering to vote for motions

·    Submitting motions

General conference information.

Issues:

Conference Registration

 

Conference registration opened from mid-July and Mayors, Councillors, General Managers and senior staff were invited to register to attend.  Any Councillor wishing to attend the 2018 Annual Conference of LGNSW is invited to make contact with the Mayor’s Executive Assistant who will facilitate the conference registration process and also make appropriate travel arrangements.

 

Registration as a Voting Delegate

 

The Registered Rules of the Local Government and Shires Association of NSW (specifically Rule 23) provides the process for establishing the number of voting delegates that a member of the Associations can have.  Coffs Harbour City Council will have four (4) voting delegates.

 

The recommendation in this report therefore proposes that Council nominate the four (4) Councillors proposed to have voting rights, at the 2018 Annual Conference of LGNSW.

 

Submitting Motions

 

Advice from LGNSW indicates that all members can put forward motions to be considered at the Conference.   Proposed motions should be strategic, affect members state-wide and introduce new or emerging policy issues and actions.

 

Motions submitted for inclusion on the Conference Business Paper should be accompanied by an extract of Council Meeting minutes showing resolution for the motion to be considered by the Conference.

 

Members have been requested to submit any motions for the Conference by midnight 26 August 2018.  To achieve this deadline, Council will need to consider any proposed motions for the LGNSW Conference at its meeting scheduled for 23 August 2018.  Therefore the following procedure will need to be adhered to:

 

·    Any motions proposed by Councillors to be submitted to LGNSW for inclusion on the Conference Business Paper are to be delivered to the General Manager by close of business Wednesday 8 August 2018;

·    Motions (with a lawful purpose) received by the General Manager will be included in a report to Council for consideration at its meeting to be held Thursday 23 August 2018; and

·    Subject to Council consideration on 23 August 2018, motions adopted by Council resolution will be forwarded to LGNSW by midnight 26 August 2018.

Options:

1.    Adopt the recommendations in this report and therefore resolve the authorised voting Delegates for the Annual Conference of LGNSW 2018 and the process for formal consideration of any motions to be submitted to the Conference.

2.    Consider amending the recommendation with a view to establishing an alternate process for appointing voting Delegates and the submission of motions to the Conference.

3.    Reject the recommendation and effectively not appoint voting Delegates to represent Council at the Conference, nor authorise the submission of motions for consideration at the Conference.

Sustainability Assessment:

•     Environment

It is likely that business transacted at the LGNSW Annual Conference will contain matters potentially impacting the environment.

•     Social

It is likely that business transacted at the LGNSW Annual Conference will contain matters of social impact.

•     Civic Leadership

By attending the LGNSW Annual Conference Coffs Harbour City Council, through its Delegates, will have the opportunity to represent the interests of the Coffs Harbour Community in matters before the conference.  This is an appropriate civic leadership role for Council to play given its regional leadership role in NSW.

•     Economic – Broader Economic Implications

At this point in time, there does not appear to be any broader economic implications as a result of Council’s participation in the LGNSW Annual Conference 2018.

•     Economic - Delivery Program/Operational Plan Implications

It is normal practice to make provision for Councillors attendance at the annual conference of LGNSW and suitable provision is available in Council’s 2018/19 budget.

Risk Analysis:

It is not anticipated that there would be any real risks associated with Councillors attendance at the annual conference of LGNSW.  In considering risks associated with any motions up for consideration at the conference, it is expected that Council’s authorised voting Delegates will evaluate those risks at the time of voting on the respective motions.

Consultation:

This report presents the first opportunity for consultation with Councillors in a formal sense to facilitate the necessary actions and outcomes associated with attendance at and voting on motions up for consideration at the annual conference of LGNSW.

Related Policy, Precedents and / or Statutory Requirements:

Traditionally, Council has made attendance at the annual conference of NSW available to all sitting Councillors, whilst the appointment of authorised voting Delegates is restricted to those named by Resolution of Council.

 

It is also normal practice to require any motions proposed for consideration at the annual conference of LGNSW to be formally considered by Council and supported by way of a Resolution.

Implementation Date / Priority:

Consideration of the recommendations in this report and the submission of motions for formal consideration will enable Council to meet the timelines set out by LGNSW.

Conclusion:

Annually Council gives consideration to any motions proposed to be submitted to the annual conference of LGNSW, noting of course that there is no compulsion on Council to submit motions.  It is also appropriate that Council consider the authorised voting Delegates for the conference by way of resolving accordingly.  The recommendations in this report are therefore presented for Council’s consideration.

 


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NOM18/16   Review of Fees and Charges - Council Controlled Reserves

Attachments:          Nil

 

Motion:

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

"That Council undertake a review of its Fees and Charges associated with the use of Council controlled reserves, excluding sporting fields, and provide a report and draft policy to Council for consideration."

 

 

Rationale:

“The Crown Land Management Act 2016 came into force on 1 July 2018. This Act has given Council the ability to manage Crown Land under the Local Government Act 1993 and this allows the Council to look at different options with the way that it issues licences to use both Council owned land and Crown Land under this Act. This may provide Council the opportunity to amalgamate fees for the use of this land, where previously the Council, as the Corporate Manager for different Reserve Trusts, was required to charge fees for individual reserves.”

Staff Comment:

A review can be undertaken with a report and draft policy provided for Council consideration.

  


BS18/43       Boat Ramp Signage and Associated Works

Author:                        Manager Holiday Parks and Reserves

Authoriser:                  Director Business Services

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

Attachments:              Nil

 

Executive Summary

On 14 June 2018 Council resolved to make improvements to the boat ramp facilities by way of signage, lighting and CCTV cameras. This report provides an update on implementation of Council’s resolution, including progress with initial signage and a grant application to the Saving Our Waterways Fund for further works.

 

 

Recommendation:

That Council note the progress of the request for signage and the installation of additional lighting and CCTV at the Coffs Harbour Boat Ramp.

 

Report

Description of Item:

On 14 June 2018 Council resolved as follows in relation to improvements to the boat ramp facilities.

 

"Council, as a matter of urgency, liaise with Marine Rescue to establish new boat ramp signage that is rationalised and illuminated. The central message of that signage to reflect the following sentiments.....

 

“Skippers MUST report to Marine Rescue before launching from and returning to the ramp on low tides. You’re the Skipper it’s your responsibility.“

 

Council to explore the potential to illuminate the entry to the boat ramp and install CCTV cameras as soon as practical."

 

Staff have been in contact with Marine Rescue to discuss their concept for the size, wording and placement of a sign as described above. Upon receipt of that information the sign can be manufactured and installed within the current available budget.

 

Additionally a grant application has been prepared to the current Saving Our Waterways Fund for a dollar for dollar matching grant of $100,000. The funding, if successful, is intended to support the execution of a scope of work, which is currently being developed in consultation with Marine Rescue and the Coffs Harbour Regional Boat Ramp Precinct Enhancement Committee (CHRBREC).

 

The scope of works to be undertaken through the grant funding, which is still to be formally confirmed by the stakeholder parties, includes signage, lighting upgrades, entrance dredging, and CCTV installations. It is proposed that the CCTV live footage be available to Marine Rescue to assist in monitoring boat ramp safety.

 

In a recent meeting with the CHRBREC specific requests were made for the consideration of electornic signage that is able to be regularly updated to provide current condition and weather assessments, issue current warnings and provide other relevant information to boat ramp users.

Issues:

There are no significant issues with regards to the installation of the requested signage as per Council’s resolution and the installation will proceed.

 

Further clarification needs to be sought with regards to Council managed CCTV installations being utilised by third parties to monitor public activity. This issue will need to be resolved prior to progressing CCTV implementation.

Options:

The report is for noting only and therefore no options are provided.

Sustainability Assessment:

•     Environment

There are minor environmental impacts that will need to be considered including source of power and the impacts of illumination upon the shearwater population. There is potential to utilise solar energy for proposed lighting and any lighting installed will be designed and oriented to minimise the impact upon the shearwater colony.

•     Social

Boating and fishing are popular recreational activities on the Coffs Coast and there is a strong need to deliver safe and accessible infrastructure to facilitate the activity.

•     Civic Leadership

The outcomes of the resolution align with MyCoffs by facilitating an active, safe and healthy community.

•     Economic – Broader Economic Implications

Boating and fishing are key recreational pursuits that generate considerable economic benefit to the Local Government Area. Local users and tourists stimulate the local economy through the activity and improved facilities and infrastructure will assist in growing this market.

•     Economic - Delivery Program/Operational Plan Implications

The initial signage to be installed in consultation with Marine Rescue can be done within existing budgetary allocations. The further works proposed, including lighting and CCTV, will require additional funding allocations. A grant application to the Saving our Waterways Fund has been made.

Risk Analysis:

The safety of the boat ramp, particularly during spring tides, is an issue that needs to be addressed. Council currently has a funded dredging program that seeks to ameliorate the situation but during times of extreme tides, especially very low tides and during large swell events, the dredging does not fully remove the risk to boaters. The addition of improved signage, lighting and CCTV cameras will assist in further mitigating the risks involved.

Consultation:

Council has consulted with Marine Rescue Coffs Harbour and the CHRBREC with regards to this project.

Related Policy, Precedents and / or Statutory Requirements:

Council has a Video Surveillance on Public and Other Lands Policy that will need to be considered prior to implementing any external access to CCTV live feeds.

Implementation Date / Priority:

Signage will be installed as soon as possible. Lighting and CCTV montoring are currently unfunded and subject to a grant application.

Conclusion:

Staff have progressed the installation of the requested signage and are undertaking further investigations, including sourcing grant funding, for the proposed lighting upgrades and CCTV installation.

 


BS18/44       Software-as-a-Service Contract

Author:                        Group Leader Business Systems

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS18/44   CONFIDENTIAL          Software-as-a-Service Financial Analysis

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

 

Executive Summary

Council has been reviewing the way in which services are delivered for many years. The provision of Information Technology has traditionally been provided by Council staff using infrastructure located within Council’s Administration building. This is called an on premise environment. Business Systems is responsible for all aspects of providing this service. In recent years Council’s corporate software supplier, TechnologyOne Limited (TechnologyOne), has introduced a new method of providing this service via the Cloud where TechnologyOne assume much of the responsibility for the maintenance and management of Council’s corporate software. This new service model is called Software-as-a-Service or SaaS.

 

TechnologyOne has provided Council with a proposal to move to this new software delivery model. The proposal is for a ten (10) year period and incorporates the following:

 

·    a contract for the Software-as-a-Service platform for a ten (10) year period with no CPI increase;

·    an initial provisioning fee that is rebated over the life of the contract;

·    subscription licence for all Local Government software currently in Production and in development until 2019;

·    ten (10) terabytes of storage.

 

The Software-as-a-Service platform delivers significant benefits to Council including increased licences of TechnologyOne software through an Enterprise Agreement, improved accessibility and performance, increased scalability, increased capability for online service delivery, better cyber security prevention, a more robust disaster recovery capability and the ability to redeploy staff to more business focused tasks.

 

This proposal is not requesting more money or resource overall. Rather, it is recommending that Council adopt a new approach to IT service provision through acceptance of the TechnologyOne Software-as-a-service proposal.

 

 

Recommendation:

That Council:

1.   With reference to section 55(3)(i) of the Local Government Act resolves because of extenuating circumstances, being the unavailability of competitive or reliable tenderers to provide a Software-as-a-Service platform for TechnologyOne software, that a satisfactory result would not be achieved by inviting tenders for this service.

2.   Note the costs and benefits as detailed in the Confidential Attachment.

3.   Delegate the General Manager to negotiate and execute with TechnologyOne Limited a Multi Year Software-as-a-Service Contract to a value no greater than the amount included in the Confidential Attachment, excluding GST, for a period of ten years.

4.   Approve the funding of the Provisioning Fee in the first year of the contract from the Strategic Initiatives Reserve to be repaid to the reserve over the remaining nine years of the contract.

 

Report

Description of Item:

Council has been reviewing the way in which services are delivered for many years. The provision of Information Technology has traditionally been provided by Council staff using infrastructure located within Council’s Administration building. This is called an on premise environment. Business Systems is responsible for all aspects of providing this service. In recent years Council’s corporate software supplier, TechnologyOne, has introduced a new method of providing this service via the Cloud where they assume much of the responsibility for the maintenance and management of Council’s corporate software.

 

By way of explanation, the Cloud refers to accessing IT resources and software applications provided by another party over the internet. Typically, this provider will supply compute power, storage and database services. You pay for what you use.

 

TechnologyOne uses a Cloud provider, Amazon Web Services (AWS), to provide this compute power, storage and database service. AWS is a leading Cloud service company with server infrastructure located in Australia. Further benefit is then added through managing these services for clients. This is called Software-as-a-Service and is the method by which TechnologyOne is delivering its software. TechnologyOne becomes responsible for all aspects of their software and the technology infrastructure, including cyber-security. By shifting responsibility for some of these routine tasks, Council staff can focus on other, more valued areas including Business Intelligence and Reporting.

 

The TechnologyOne Software-as-a-Service platform delivers improved performance, reduced resource requirements and cost savings to Council. It does this by sharing IT infrastructure across many clients. Council’s configuration and data are separated but the processing power and the applications are shared. The diagram below illustrates this environment.

 

 

TechnologyOne and AWS employ experts to manage this infrastructure and the databases to ensure performance is optimised, the applications are always available and Council’s data is secure. It is only through this Software-as-a-Service platform that Council can achieve the level of performance, availability and protection against cyber-security that is demanded by staff and the community. This platform has three active environments for business continuity meaning that if one environment has an issue, the systems automatically fail-over to another environment. The IT infrastructure provided by AWS allows the software to utilise additional processing power during peak load ensuring an optimum level of performance. There are already in excess of 200 TechnologyOne customers on this Software-as-a-Service platform. In future, it will be the only platform that TechnologyOne supports. TechnologyOne has stated in their 2018 Half Year Results Statement that it will stop selling perpetual licences for both On Premise and On Cloud and will progressively move to a yearly licence fee model after the expiry of existing five year subscription licence agreements with customers.

 

TechnologyOne and Council have a long standing relationship spanning over 20 years. During this time, Council has assisted TechnologyOne with product development, hosting site visits and providing testing data. In a further sign of strengthening this relationship, Council signed a Memorandum of Understanding which delivers benefits to Council including a significant discount on licence costs. TechnologyOne views Council as a showcase client and is therefore motivated to work with Council to utilise the new Software-as-a-Service platform.

 

The proposal from TechnologyOne provides for the following:

 

·    a contract for the Software-as-a-Service platform for a ten (10) year period with no CPI increase;

·    an initial provisioning fee that is rebated over the life of the contract;

·    subscription licence for all Local Government software currently in production and in development until 2019;

·    ten (10) terabytes of storage.

 

This proposal is providing the same software under a different model. There is no additional budget required to implement this model. There will be no change to the resourcing of Business Systems from this change in the immediate term. Staff will be freed from routine tasks to concentrate on other activities that have not been resourced as adequately as desired to deliver improved services to other areas of Council and the community.

Issues:

Council is facing a number of challenges as it moves through a digital transformation. These challenges include:

 

Mobility.  The T2S review of Business Systems and the 2017-19 ICT Strategy both highlighted the need for an expansion in the use of mobile devices. Having access to information from anywhere will assist in improving efficiency and effectiveness of business processes, resulting in better customer service. Council has invested in deploying tablet computers to field staff and there are plans for further deployments to other staff to generate further efficiencies.

 

Online Service Delivery.  The adopted Target Operating Model from Council’s recent transformation project, proposed a shift to less costly transaction channels. This generally means providing online, self-service processes. As more transaction based services are made available online, greater focus and investment will be needed in technology infrastructure, security and performance.

 

Security.  There is increasing threat from cyber-attack being experienced worldwide. As Council provides more services online and collects more personal information about its staff and customers, security awareness amongst staff will need to increase and further investment will be required in additional security products and services to help protect Council and our customers.

 

Business Systems Resource Capacity. Business Systems staff are in high demand to implement and support an increasing technology fleet, a growing list of software applications and the required servers and storage. Removing the need to support and manage some of the IT infrastructure will allow Business Systems staff to be refocused to supporting the organisation in delivering quality services through the use of business applications.

 

Disaster Recovery.  Council’s current Disaster Recovery facility is a warm site meaning it will take several hours to be fully functional in the event of a disaster. Customers are demanding more online services and therefore expect services to be availabe 24/7/365. For Council to deliver this level of service, further investment will be required to ensure service availabity no matter what the circumstances.

Options:

Three options have been considered and evaluated. The financial analysis of these options is contained in the Confidential Attachment.

 

1.    Remain On Premise.  There is the option to continue to operate Council’s IT environment as an on premise service. Council currently licences its TechnologyOne software under a Perpetual Licence model meaning there is an upfront purchase cost and an Annual Support and Maintenance (ASM) charge for all modules. Council is also required to have appropriate servers, storage and associated software licences such as Microsoft SQL database management system to operate the TechnologyOne software. This IT infrastructure needs to be continually replaced, maintained and licenced.

 

Eventually, the option to remain On Premise will no longer be available or viable. TechnologyOne has stated in their 2018 Half Year Results Statement that it will stop selling perpetual licences for both On Premise and On Cloud and will progressively move to a yearly licence fee model after the expiry of existing five year subscription licence agreements with customers. Already some functionality being developed by TechnologyOne is proposed to only be available via the Cloud under the Software-as-a-Service platform.

 

In the longer term, TechnologyOne and other enterprise software vendors will only provide their software as a service. Gartner Inc., a world leading research and advisory company who provides metrics, analysis and insights on IT systems and the performance of IT functions, predicts that by 2020 all new entrants and 80% of historical vendors will offer subscription-based business models.

 

TechnologyOne invests approximately 20% of its revenue into Research and Development. They are regularly bringing new software modules to the market which is why they are the leading software supplier to Local Government in Australia. Council has continued to invest in the TechnologyOne software by procuring new modules and functionality. This continued investment is required to provide the service demanded by our customers and staff. Many of these new modules have been identified for procurement in the TechnologyOne Roadmap and the ICT Strategy.

 

2.    Procure a hosting service.  A hosting service replaces the investment in the IT infrastructure required by the TechnologyOne systems by moving the software to a Cloud provider. This provider supplies all hardware and storage and performs the patching and other infrastructure maintenance tasks for each individual client.

 

A hosting service has the effect of not needing to replace three servers and approximately 30% of its storage. The management and capacity planning functions and other maintenance tasks of the TechnologyOne systems would still be performed by Business Systems staff. Council is responsible for the operation of the TechnologyOne software in this environment. Council would need to manage the agreement with the Cloud provider as well as TechnologyOne to avoid the situation where any blame arising from an incident is passed between each other.

Similar to the Remain On Premise option above, any new TechnologyOne software modules that are required by Council would need to be budgeted for and an allowance made for the Annual Support and Maintenance (ASM).

 

3.    Multi-year Software-as-a-Service Agreement.  The preferred option is to enter into the multi-year Software-as-a-Service Agreement with TechnologyOne. The software is hosted with Amazon Web Services, a leading Cloud service company with server infrastructure located in Australia, under a shared tenant model. This is where there are common infrastructure elements but each client has their own databases and software configuration. This allows TechnologyOne to realise cost savings as they are effectively managing one environment.

 

The benefits that accrue to Council include:

 

·    Enterprise Licence. Council, in conjunction with TechnologyOne, developed a roadmap for technology implementations and upgrades. Many of these new module implementations will require additional licencing costs and have been budgeted over the coming years. The move to an Enterprise Agreement licencing model means no surprises or extra licence costs and will allow Council to implement new modules as the business requires. Council will be licenced for all Local Government modules delivered until the end of 2018 and equates to an additional 40+ modules.

·    Improved Accessibility. Delivering the TechnologyOne software from the Cloud under the Software-as-a-Service model allows staff to access the software from any device, at any time, from anywhere. This will assist in improving efficiency and effectiveness of business processes, resulting in better customer service.

·    Improved Performance. The performance of Council’s ICT infrastructure whilst good, needs to increase to offer the level of service required by our staff and customers. A move to the Software-as-a-Service platform will increase the responsiveness of the TechnologyOne software and allows the ICT environment to expand as required.

·    Scalability. As mentioned above, TechnologyOne currently hosts its Software-as-a-Service platform with AWS in Australia. AWS is one of the leading hosting providers in the world. This means the TechnologyOne Software-as-a-Service solution is “state of the art” in terms of performance, redundancy, availability and reliability. It can scale to meet high processing demands without the need to purchase additional servers and storage.

·    Online Service Delivery. Council’s adopted Target Operating Model proposed a shift to less costly transaction channels. This generally means providing online self-service processes. Council’s new organisation structure has been designed around this shift. As more transaction based services are provided online, greater focus and investment will be required for the technology infrastructure, security and performance of the systems. The TechnologyOne Software-as-a-Service model addresses this issue through the elastic utilisation of IT resources.

·    Security. There is a continuing increase in global cyber-security threats and data breaches are becoming commonplace. In the year to June 2017, the Australian Signals Directorate responded to 671 serious cyber security incidents involving some level of Government. The 2018 Local Government Risk Report for Australian Local Government found that cyber risk is now the fourth highest risk concern. There is a consequent increase in legislative and audit compliance. Council will need to invest significantly to counter these threats and be compliant. Under the Software-as-a-Service platform, TechnologyOne becomes responsible for all security once you are logged into the system. They are responsible for identifying threats and ensuring appropriate measures are taken, securing both the IT infrastructure and Council’s data. This level of service far exceeds what can be provided by Council with current resources as an on premise site. Council will still need to prepare for stakeholder communications, possible fines and legal action should a breach occur.

·    Disaster Recovery. Council’s Disaster Recovery facility is a warm site meaning it will take several hours for all systems to be operational. The site itself has constraints around the size of the room, power backup and air-conditioning meaning the installation of further equipment will require significant investment to upgrade the facility. A move to the Software-as-a-Service platform will mean TechnologyOne is responsible for disaster preparedness of the TechnologyOne suite of programs. As mentioned above, the Software-as-a-Service platform has three active environments. This could not be achieved on premise with Council’s current resources.

·    Staff Redeployment. Currently Business Systems staff expend a significant effort in understanding the technical aspects required to operate the TechnologyOne suite of programs in an on premise environment. Whilst this knowledge has proven valuable in delivering technology solutions and resolving issues, the question should be asked ‘is this where we should be investing our time?’. The Software-as-a-Service platform will remove this requirement and allow resources to be redeployed to other tasks. It does however mean that Council is reliant on TechnologyOne’s ability to resolve issues in a timely manner.

Sustainability Assessment:

•     Environment

There are no perceived current or future environmental impacts.

•     Social

There are no perceived current or future social impacts.

•     Civic Leadership

The provision of Council’s corporate software via a Software-as-a-Service model will in part enable Council to deliver efficient and cost effective services to its community.

•     Economic – Broader Economic Implications

TechnologyOne has stated in their 2018 Half Year Results Statement that it will stop selling perpetual licences for both On Premise and On Cloud and will progressively move to a yearly licence fee model after the expiry of existing five year subscription licence agreements with customers. Therefore, the proposed 10 year agreement for Coffs Harbour City Council provides increased certainty on the cost of service for the medium term.

•     Economic - Delivery Program/Operational Plan Implications

There is sufficient capacity within the Business Systems adopted budget to fund the yearly Software-as-a-Service Enterprise Licence fee.

 

The proposal includes an initial Provisioning Fee that is rebated over the remaining nine years of the contract. It is proposed the Provisioning Fee be funded from the Strategic Initiatives Reserve with the annual rebate being returned to this reserve. Details of the Provisioning Fee and the Annual Rebate are provided in the Confidential Attachment.

Risk Analysis:

Moving all of Council’s core corporate software to the Cloud does place increased reliance on our telecommunications provider. Coffs Harbour is fortunate in having multiple high-speed telecommunication carriers that could be used to access the TechnologyOne Software-as-a-Service platform. This risk can therefore be mitigated by having redundant internet connections through different carriers.

 

Moving information to a Cloud provider demands trust in that provider, in that the provider will manage Council’s information securely and is appropriately certified. TechnologyOne has achieved many certifications and accreditations, some of which are shown below.

 

Consultation:

Council’s Senior Leadership Team has been consulted on this proposal. Over the past 18 months there has been broader consultation about the ‘Cloud’ and its application to the way in which ICT services are delivered for Council.

Related Policy, Precedents and / or Statutory Requirements:

Council is already licenced for TechnologyOne software under a perpetual licence model. This proposal is to move away from an on premise environment to a Software-as-a-Service model provided by TechnologyOne. Through the options evaluated above, it was identified that TechnologyOne is the only supplier that can deliver, manage and support their software under a Software-as-a-Service model.

Section 55(3) of the Local Government Act 1993 provides an exemption to the requirement to call tenders in the case of the following contracts:

(I) a contract where, because of extenuating circumstances, remoteness of locality or the unavailability of competitive or reliable tenderers, a council decides by resolution (which states the reasons for the decision) that a satisfactory result would not be achieved by inviting tenders”

The unavailability of competitive tenderers provides an exemption for the calling of tenders.

Implementation Date / Priority:

It is anticipated a contract for the Software-as-a-Service would be executed immediately. Additional workshops detailing the transition process, preparation of a project plan and undertaking preliminary work is expected to be complete by December 2018.

Conclusion:

Software-as-a-Service is inevitable and it is therefore more a matter of when Council chooses to shift to this model.  The options have been evaluated, there is budget for this decision and the current offer from TechnologyOne will deliver real advantage to Council. Therefore, the proposed Software-as-a-Service contract is recommended for Council approval.

  


NOM18/17   Youth Club or PCYC Facility - Woolgoolga

Attachments:          Nil

 

Motion:

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

"That a report be provided to council noting:

1.   The status of the building in queen street with the basket ball courts.

2.   Information as to any plans for a youth club or PCY type facility.

3.   Identify any possible sites / buildings. "

 

Rationale:

Woolgoolga and the northern beaches has a large growing population of families and their children.

There is a lack of transport to attend any facility in Coffs.

There are a number of children at risk of committing unlawful offences.

A number of years ago there were attempts from Woolgoolga Rotary and other community groups to fix and run a youth club in the building mentioned above in Queen street.

Staff Comment:

A report can be prepared.

  


SC18/27       Planning Proposal to Permit Detached Dual Occupancy 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  SC18/27   Planning Proposal PP_2017_Coffs_004_00 (Version 4 Final)

ATT2  SC18/27   Development Control Plan 2015 Provisions

ATT3  SC18/27   Summary of Public Submissions

ATT4  SC18/27   Alteration of Gateway Determination

ATT5  SC18/27   Government Agency Submissions

ATT6  SC18/27   CONFIDENTIAL          Community Submissions

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

 

Executive Summary

At its Ordinary Meeting of 8 March 2018, Council resolved to support a revised Planning Proposal to modify Coffs Harbour Local Environmental Plan 2013 (LEP 2013) to allow detached dual occupancy with development consent in the RU2 Rural Landscape (RU2) zone. Council also agreed at the same meeting to revise consequential changes to Coffs Harbour Development Control Plan 2015 (DCP 2015). A revised Gateway Determination was issued by the NSW Department of Planning and Environment (DPE) and a second exhibition of the Planning Proposal and DCP changes took place between 18 April and 16 May 2018.

This report informs Council of the outcome of the second exhibition of the Planning Proposal (PP_2017_Coffs_004_00) and DCP amendments. It provides Council with a final Planning Proposal (Attachment 1), revised draft DCP amendments (Attachment 2), a summary of issues raised in public submissions and planning responses (Attachments 3 and 5), and the revised Gateway Determination (Attachment 4). It is recommended that Council endorse and finalise this Planning Proposal and DCP.

 

Recommendation:

That Council:

1.   Endorse Planning Proposal PP_2017_COFFS_004_00 to amend Coffs Harbour Local Environmental Plan 2013 to permit dual occupancy (detached) in the RU2 Rural Landscape zone – V4 Post Exhibition – July 2018 (Attachment 1).

2.   Delegate to the General Manager the authority issued by the NSW Department of Planning and Environment to exercise the functions of the Minister under Section 3.36 of the Environmental Planning and Assessment Act 1979 for the purposes of finalising this Planning Proposal.

3.   Continue to consult with the NSW Department of Planning and Environment on the terms of the amendment to Coffs Harbour Local Environmental Plan 2013, to ensure its consistency with the objectives, outcomes and provisions of the Planning Proposal.

4.   Endorse the revised Coffs Harbour Development Control Plan 2015 (Amendment No. 4) (Attachment 2), which will come into effect when the corresponding changes to Coffs Harbour Local Environmental Plan 2013 are made.

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

 

Report

Description of Item:

At its Ordinary Meeting on 23 March 2017, Council resolved to review both LEP 2013 and DCP 2015 to possibly include detached rural dual occupancy (with consent) in the RU2 Rural Landscape zone. The resolution of that meeting committed Council to:

1.      Note the findings of the Korora – West Sapphire – Moonee Large Lot Residential Investigation Area: Environmental Studies March 2017 (Attachment 1), in respect to the Maccues Road, Wakelands Road/Fairview Road/Sugarmill Road, and Gaudrons Road/The Mountain Way precincts undertake a partial review of Coffs LEP 2013 and any relevant Development Control Plans as a matter of urgency with a view to possible inclusion of detached dual occupancies in the land use table in the RU2 Rural Landscape Zone under the list of uses that are permissible with consent.

2.      Immediately make the studies undertaken (Attachment 1 relating to this report) available to landowners free of charge, to utilize if they elect to submit a planning proposal as individual landholders, or on a precinct basis.

3.      Staff meet with the Planner representing owners in the West Sapphire-Moonee Large Lot Residential Investigation area and prepare a joint report clearly stating the matters they agree and articulating upon any elements of disagreement. With points of disagreement, the report to give concise reasons for any disagreement. If the authors can agree on a recommended suitable framework for the orderly release of large lot residential development, that framework is to be set out in the joint report.

In relation to Resolution 1 above, on 12 October 2017, Council considered a Discussion Paper evaluating the merits of detached rural dual occupancy and resolved to:

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.

On 8 March 2018, Council considered a post exhibition report and resolved that Council:

1.    Subject to amendments to remove any 50 metre buffer from the boundary requirement, 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.

NSW DPE issued a revised Gateway Determination on 23 March 2018 (Attachment 4) and the public exhibition and agency consultation took place from 18 April 2018 until 16 May 2018. Six submissions were received from the public and one each from NSW DPI (Agriculture), NSW Office of Environment and Heritage (OEH) and NSW Rural Fire Service (RFS). In response to the agency consultation, an additional objective has been added to the exhibited LEP clause contained in the Planning Proposal to more specifically reflect the intent of the proposed LEP controls.

Issues:

·     Government and Agency Submissions

NSW DPI (Agriculture) does not object outright to the Planning Proposal but remains concerned about the potential impacts that detached rural dual occupancy could have on agricultural production. The concern is that increasing the density of housing in the rural zone will result in land that is lost from production and is unlikely to return. NSW DPI (Agriculture) does not support Council’s decision to remove a 50 metre setback distance from an additional dwelling to a property boundary.

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 objectives and 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. An additional objective has been added to the exhibited LEP clause to strengthen the controls in response to this submission. Retention of a buffer to property boundaries will also assist and the draft DCP has been altered to require a Land Use Conflict Risk Assessment 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 (or as amended).

NSW OEH raised concern about the term “excessive” in relation to vegetation removal in the DCP provisions. Consistent with OEH suggestions, this section of the DCP has been revised to remove this term and refer to the NSW biodiversity legislation, the need to quantify the area of vegetation removal (if any) and to identify any potentially affected koala habitat.

·     Community Submissions

Council received six submissions from the public on the revised Planning Proposal. No submissions specifically mentioned the draft DCP provisions. All submissions supported the concept of detached rural dual occupancy in some form. Five submissions raised concern about the requirement to locate the second dwelling within 50 metres of the original dwelling. One submission queried if Council minutes from the last meeting were accurate. One submission queried the permissibility of detached rural dual occupancy on multiple rural lots in one parcel that did not otherwise have a dwelling entitlement. These issues are addressed in the summary of public submissions in Attachment 3.

·     Siting of Dwellings

The proper 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. Increasing the distance between the two dwellings expands the area most likely to be impacted by bushfire clearing and expands the area affected by the overall housing “footprint” on the property.

Some North Coast Councils have adopted a 100 metre standard to provide more flexibility for applicants. Most submissions suggested there be no standard at all. Regardless of which standard is adopted, some lots may not be suitable for detached dual occupancy due to size and shape. Clause 4.6 of Coffs Harbour LEP 2013 also provides that any numerical standard can be varied on merit if the variation is substantiated.

No change to the numerical standard is recommended. The maximum distance between dwellings should remain at 50 metres in both Coffs Harbour LEP 2013 and Coffs Harbour DCP 2015. However, given that the 50 metres will become a development standard which can be varied under Clause 4.6 as mentioned above, an additional objective has been added to the clause to more specifically reflect the intent of the control. This will assist to alleviate the issues raised by NSW DPI (Agriculture) in their submission.

·     Multiple Rural Lots

One submission questioned if a rural property (comprising an existing holding) has two lots, whether each lot would be able to have detached dual occupancy. It was never intended that detached dual occupancy apply to multiple lots in an existing holding or to rural lots where a dwelling is not permissible. The revised LEP provisions (in the Planning Proposal as exhibited) clarify that detached dual occupancy is only permitted with consent where a dwelling is permissible on the lot. The draft DCP provisions also reflect this. No change is recommended to these provisions as a result of exhibition.

Options:

Council has three options available relating to this Planning Proposal and associated draft DCP controls:

1.   Adopt the recommendation of this report and proceed to finalise the Planning Proposal and DCP.

Comment: This option is responsive to agency submissions.

2.   Reject the recommendation, and resolve to proceed with different amendments to the Planning Proposal and DCP.

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

3.   Resolve not to proceed with the Planning Proposal and DCP amendments.

Comment: This option is not consistent with the Council position 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 Planning Proposal (Attachment 1).  It should also be noted that Council will require an ecological assessment to accompany any eventual Development Application, consistent with the requirements of the Environmental Planning and Assessment Act 1979 and the Biodiversity Conservation Act, 2016.

•     Social

The revised Planning Proposal 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 also allows an ageing farming population to support family members. 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.

NSW DPI (Agriculture) 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.

•     Civic Leadership

The Planning Proposal process (and DCP amendment) has been undertaken in accordance with the provisions of the Environmental Planning and Assessment Act 1979 (EP&A Act) and Regulation 2000. The decision to modify the Planning Proposal and Coffs Harbour DCP 2015, and re-exhibit the amended documents has provided maximum opportunity for the community to participate in the planning process.

The Planning Proposal seeks to implement appropriate and relevant objectives and associated strategies of the MyCoffs Community Strategic Plan, including a thriving and sustainable local economy, and a natural environment sustained for the future.

•     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. If NSW DPI (Agriculture) 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 Planning Proposal if this turns out to be the case.

•     Economic - Delivery Program/Operational Plan Implications

The preparation of this Planning Proposal and subsequent costs have been accounted for in Council’s Delivery Program and Operational Plan.

Risk Analysis:

Properly constructed LEP and DCP controls should ensure that any future applications for detached dual occupancy 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 detached dual occupancy dwelling.

Consultation:

The revised Planning Proposal and draft DCP controls were exhibited from 18 April 2018 to 16 May 2018. Council received a total of six public submissions in response to the exhibition. These submissions have been addressed in this report and key issues are discussed in Attachment 3.  NSW DPI (Agriculture), NSW RFS and NSW OEH also made submissions. These submissions have also been addressed in this report and 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 9.1 Ministerial Directions; Environmental Planning and Assessment Act 1979 and Regulations; MyCoffs Community Strategic Plan; Living and Working in Rural Areas Handbook; and Detached Dual Occupancy and Secondary Dwellings in Rural Zones Guideline (DPI).

Implementation Date / Priority:

The revised timeframe set by NSW DPE for this Planning Proposal is that it is to be completed by 10 November 2018. If Council agrees with the recommendation of this report, this timeframe can be achieved.

Conclusion:

This report has provided Council with:

·      a review of the public and government submissions received during the second exhibition period of this Planning Proposal and draft DCP controls; and

·      a recommendation to adopt the Planning Proposal (Version 4) and the DCP controls subject to minor alterations in response to agency concerns about the circumstances in which a detached dual occupancy would be permitted.

There is sufficient information to enable Council to adopt the Planning Proposal and associated DCP controls and to proceed to finalise it for making pursuant to delegations issued by NSW DPE.

 


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SC18/28       2018/19 Donations and Rates Subsidy Program

Author:                        Community Planning & Engagement Specialist

Authoriser:                  Director Sustainable Communities

MyCoffs:                      B.2 A community achieving its potential

Attachments:              Nil

 

Executive Summary

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

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

 

Recommendation:

That Council adopt the 2018/19 Donations and Rates Subsidy Program as detailed in the table.

Donations and Contributions

 

Recipient

Amount($)

Donations Unallocated (Mayor)

12,530

Westpac Rescue Helicopter

1,000

Schools Annual Presentations

5,300

North Coast Academy of Sport

6,000

Event Subsidies (Road Closures for Anzac Day Parades)

7,000

Southern Cross University Presentations

300

TAFE Presentations

300

Development Assessment Fees

5,000

Other Health Services – Life Education Van

4,000

Hope Bears Charity

250

TS Vendetta (Access Charge)

500

Reimbursement of Legal Fees for Lease Preparation

2,500

Variety Special Children’s Christmas Party

250

Coffs Harbour Spring Garden Festival

1,000

Coffs Ladies Silks Day

1,000

Coffs Harbour Agricultural Show

5,000

New Year’s Eve Fireworks

5,000

Christmas Carols

12,000

Total

68,930


Rates Subsidy – Sporting and Cultural Groups

Amount($)

Advocate Park

14,047

Sawtell Toormina Sports & Recreation Club

12,801

Coffs Harbour Rugby Club

7,995

Coffs Harbour Hockey Fields

5,397

Coffs Harbour Kart Racing Track

1,441

Coffs Harbour Motor Cycle Club

2,869

Coffs Harbour Pistol Club

702

Woolgoolga Art Group (first instalment)

997

Coffs Harbour and District Aero Club

3,050

Glenreagh Mountain Railway

1,839

Woolgoolga Senior Citizens Centre

5,299

Nana Glen Hall

2,240

Bonville Hall

1,969

Ayrshire Park

34

Upper Orara Hall

2,125

Upper Orara Recreational Ground

689

Eastern Dorrigo (Ulong) Hall and Showground

34

Coramba Community Centre

2,221

Lower Bucca Community Centre

689

Woolgoolga Neighbourhood Centre

3,965

Nana Glen Sportsground

723

Lowanna Hall

689

Girl Guide Associate (Waste Service)

655

Total

72,470

Rates Subsidy – Surf Life Saving Clubs

Amount($)

Coffs Harbour Surf Club

6,631

Woolgoolga Surf Club

3,705

Red Rock Corindi Surf Club

1,656

Sawtell Surf Club

7,303

Total

19,295

Total Rates Subsidy

91,765

Direct Subsidy to Coffs Harbour, Woolgoolga, Red Rock Corindi and Sawtell Surf Clubs

36,000

Subsidy to Woolgoolga and Sawtell Chambers of Commerce

20,900

Total Donations and Rates Subsidy

217,595

 

Report

Description of Item:

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

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

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

The following table lists the recommended recipients of the 2018/19 Donations and Rates Subsidy Program and the total amount recommended to be contributed/donated as per Section 356 of the Local Government Act 1993:

Donations and Contributions

 

Recipient

Amount($)

Donations Unallocated (Mayor)

12,530

Westpac Rescue Helicopter

1,000

Schools Annual Presentations

5,300

North Coast Academy of Sport

6,000

Event Subsidies (Road Closures for Anzac Day Parades)

7,000

Southern Cross University Presentations

300

TAFE Presentations

300

Development Assessment Fees

5,000

Other Health Services – Life Education Van

4,000

Hope Bears Charity

250

TS Vendetta (Access Charge)

500

Reimbursement of Legal Fees for Lease Preparation

2,500

Variety Special Children’s Christmas Party

250

Coffs Harbour Spring Garden Festival

1,000

Coffs Ladies Silks Day

1,000

Coffs Harbour Agricultural Show

5,000

New Year’s Eve Fireworks

5,000

Christmas Carols

12,000

Total

68,930


Rates Subsidy – Sporting and Cultural Groups

Amount($)

Advocate Park

14,047

Sawtell Toormina Sports & Recreation Club

12,801

Coffs Harbour Rugby Club

7,995

Coffs Harbour Hockey Fields

5,397

Coffs Harbour Kart Racing Track

1,441

Coffs Harbour Motor Cycle Club

2,869

Coffs Harbour Pistol Club

702

Woolgoolga Art Group (first instalment)

997

Coffs Harbour and District Aero Club

3,050

Glenreagh Mountain Railway

1,839

Woolgoolga Senior Citizens Centre

5,299

Nana Glen Hall

2,240

Bonville Hall

1,969

Ayrshire Park

34

Upper Orara Hall

2,125

Upper Orara Recreational Ground

689

Eastern Dorrigo (Ulong) Hall and Showground

34

Coramba Community Centre

2,221

Lower Bucca Community Centre

689

Woolgoolga Neighbourhood Centre

3,965

Nana Glen Sportsground

723

Lowanna Hall

689

Girl Guide Associate (Waste Service)

655

Total

72,470

Rates Subsidy – Surf Life Saving Clubs

Amount($)

Coffs Harbour Surf Club

6,631

Woolgoolga Surf Club

3,705

Red Rock Corindi Surf Club

1,656

Sawtell Surf Club

7,303

Total

19,295

Total Rates Subsidy

91,765

Direct Subsidy to Coffs Harbour, Woolgoolga, Red Rock Corindi and Sawtell Surf Clubs

36,000

Subsidy to Woolgoolga and Sawtell Chambers of Commerce

20,900

Total Donations and Rates Subsidy

217,595

Issues:

Council’s Donations Policy commits Council to providing annual financial assistance for a variety of identified recipients and as such there are limited remaining funds available in the Program. Therefore, Council has not advertised for submissions to the Donations and Rates Subsidy Program. In accordance with the Donations Policy, requests for contributions/donations other than those listed in this report are referred to the General Manager and Mayor for consideration and allocated from the Mayoral ‘Donations Unallocated’ allocation if approved.

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

Due to the large number of requests received, letters for financial support from charities and ‘special days’ are referred to the Coffs Harbour City Council Social Club for consideration.

Options:

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

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

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

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

Sustainability Assessment:

•     Environment

There are no perceived environmental impacts.

•     Social

The individual contributions from the Donations and Rates Subsidy Program assist in maintaining the viability of a number of community organisations and assist others with providing specific community events.

•     Civic Leadership

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

•     Economic – Broader Economic Implications

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

•     Economic - Delivery Program/Operational Plan Implications

The total cost of $217,595 is provided for in Council’s Budget with $190,561 from the General Fund and $27,034 from the Water and Sewerage Funds.

Risk Analysis:

There are no perceived risks from this Program.

Consultation:

The recommended Donations and Rates Subsidy Program for 2018/19 was reviewed by the Donations Committee, comprising the General Manager, Mayor and Director of Sustainable Communities.

Related Policy, Precedents and / or Statutory Requirements:

Donations Policy adopted September 2017.

Section 356 of the Local Government Act 1993 states that:

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

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

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

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

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

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

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

Implementation Date / Priority:

Donations will generally be forwarded to recipients following approval by Council. Some will be held until the appropriate time to forward. In the case of Temporary Road Closures ($7,000) and Development Assessment Fees ($5,000) costs will be allocated as they occur.

Conclusion:

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

This enables Council to be accountable to the community in regard to the spending of Council funds and in being transparent about the level of financial support to community events and organisations.

  


SI18/17         Traffic Committee Meeting 4/2018

Author:                        Senior Engineering Officer - Traffic

Authoriser:                  Director Sustainable Infrastructure

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

Attachments:              ATT1  SI18/17     Minutes Traffic Committee 4/2018

ATT2  SI18/17     Traffic Instruments Traffic Committee 4/2018  

 

Executive Summary

The Local Traffic Committee (LTC) Meeting of 3 July 2018 minutes are presented to Council for approval of one item. The remainder of the recommendations were of a minor nature with one being deferred with the rest approved under delegated authority by the Director of Sustainable Infrastructure.

 

This report requests that Council consider approving Item T.25 Edgar Street Coffs Harbour – Loading Zones, and that Council notes the minutes of the Local Traffic Committee Meeting of 3 July 2018.

 

 

Recommendation:

That Council:

1.       Approves the following LTC item:

T.25  Edgar Street Coffs Harbour - Loading Zones

Install two loading zones as follows;

•    Edgar Street, Coffs Harbour east side for approx. 9m just south of Collingwood Street - subject to council funding for design and construction of kerb extension.

•    Collingwood Street, Coffs Harbour south side for 10.0m behind the kerb between the two driveways to the Jetty village basement car park - subject to council funding for design and construction of hardstand area.

2.       Note the minutes of the Local Traffic Committee meetings of 3 July 2018 which detail nine items have been authorised in accordance with delegations and two items have been deferred pending further investigation and information.

 

Report

Description of Item:

The Local Traffic Committee (LTC) Meeting minutes are presented to Council for information and noting. There were eleven items considered, one of those 11 items was an event application, eight items were regulatory in nature and two items were deferred for future consideration.

 

One item only requires Council approval with the remainder being minor in nature which were therefore approved under the delegated authority. The report lists the Minutes of the LTC meetings for Council to note.

 

Issues:

Council should note carefully the recommendations of the LTC as they relate to the authorisation of traffic control facilities and prescribed traffic control devices with the aim to improve road safety and traffic management on local roads.

Options:

Council’s delegation under the Roads Act 1993 requires Council to seek the advice of the NSW Police and the Roads and Maritime Services (RMS) before exercising their delegated functions. Such advice is formally sought and documented via the Local Traffic Committee process.

 

In cases where the Local Traffic Committee advice is unanimous, and Council intends to follow that advice, Council may authorise the implementation of the facility or device without further notifying the RMS or the NSW Police.

 

If the Council wishes to act contrary to unanimous LTC advice, then Council must notify in writing, both the NSW Police and the RMS representatives on the LTC.  Council must then refrain from taking any action for 14 days so that the NSW Police or the RMS is given an opportunity to appeal to the Chairperson, Regional Traffic Committee should they wish.

 

In the case of an appeal, the decision of the Chairperson, Regional Traffic Committee is binding and final for matters under the Road Transport (Safety and Traffic Management) Act 1999.

 

Council does not need to notify the NSW Police or the RMS if they decide not to proceed with any proposal for any reason.

Sustainability Assessment:

•     Environment

Not applicable

•     Social

The recommendations in the report serve to improve road safety and traffic flow in the Local Government Area.

•     Civic Leadership

Council is responsible for the implementation of safe and efficient operation of the local traffic facilities as may be recommended by the LTC.

 

Safe and efficient traffic facilities are in line with several objectives of the MyCoffs Community Strategic Plan including:

 

-     A.2 An Active, Safe and Healthy Community

-     C.1 Liveable neighbourhoods with a defined identity

-     D.2 We have effective use of public resources

•     Economic – Broader Economic Implications

Not applicable

•     Economic - Delivery Program/Operational Plan Implications

Council has an existing budget to fund the minor works associated with traffic improvements which may be recommended by the LTC from time to time.

Risk Analysis:

The risk assessment has identified the following risks associated with the Local Traffic Committee recommendations:

·     That Council fails to fulfil its delegations as a road manager

·     That Council fail to implement risk mitigation measures identified in the Local Traffic Committee meeting

To mitigate these risks it is recommended that Council:

·     Consider the recommendations from the Local Traffic Committee following investigation and approval of the Roads and Maritime Services and the Police and implement the recommendations to mitigate the road safety risks.

Consultation:

The Local Traffic Committee Members attendance is listed on the Minutes.  Most of the matters raised were in response to requests from the community and as a result of new developments.  Relevant stakeholders were consulted and a report was submitted to the Local Traffic Committee Meeting.

Related Policy, Precedents and / or Statutory Requirements:

Traffic control facilities and prescribed traffic control devices may be authorised for use on a road or road related area, whether a public road or on private land, only by the RMS or Council.

 

Traffic may be regulated for various purposes by means of notices or barriers erected by a road authority.

 

Section 50 of the Transport Administration Act 1988 permits RMS to delegate its functions to other public agencies such as Councils.

 

Section 53A Part 6 permits RMS to give directions to Councils in relation to RMS functions.

 

The Road Transport (Safety and Traffic Management) Act 1999, incorporating the Road Rules 2008 provides for a system of traffic laws relating to all vehicles and pedestrians.

Implementation Date / Priority:

Road related modifications will be listed in the works program for installation within two months of the Council meeting.

Conclusion:

One Item is presented for Council’s approval and Council is requested to note the Minutes of the electronic Traffic Committee Meetings 4/2018.

 


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