Coffs Harbour City Council

20 March 2019

 

Ordinary Council Meeting

 

The above meeting will be held in the Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour on:

 

Thursday, 28 March 2019

 

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

GM19/08         Council Committees - Appointment of Members..................................... 3

GM19/09         Vacancy in Civic Office - Resignation of Councillor Jan Strom..... 5

Directorate Reports - Business Services

BS19/12          Bank and Investment Balances for February 2019............................... 8

BS19/13          Monthly Financial Performance Report for the Month Ended 28 February 2019....................................................................................................... 30

BS19/14          Coffs Harbour City Centre Development Incentive Policy........... 47

Directorate Reports - Sustainable Communities

SC19/10          Draft Coffs Harbour Local Growth Management Strategy - Chapter 5 Rural Lands - Intensive Plant Agriculture Discussion Paper........................................................................................................................ 53

SC19/11          Draft Coffs Harbour Local Growth Management Strategy - Chapter 6 Large Lot Residential Lands.................................................... 53

SC19/12          Planning Proposal: North Boambee Valley (West) Residential Investigation Area - Post Exhibition.......................................................... 53

Directorate Reports - Sustainable Infrastructure

SI19/07           Amendment to Alcohol Free Zone in Park Lane Coffs Harbour... 53   


GM19/08      Council Committees - Appointment of Members

Author:                        Governance Coordinator

Authoriser:                  Group Leader Governance

MyCoffs:                      A.1 A vibrant and inclusive place

Attachments:              Nil

 

Executive Summary

Nominations for Council Committee members require approval by Council.  This report is seeking Council endorsement of a committee member nomination.

 

 

Recommendation:

That Council appoints Craig Little to the Sportz Central Advisory Committee

 

Report

Description of Item:

As part of the normal functioning of Council Committees, community members are nominated to fill vacant positions.  For nominees to be appointed, they need to be ratified by Council.  Craig Little has been nominated to become a member of the Sportz Central Advisory Committee.

 

Craig Little was selected by Coffs Harbour Volleyball Association to be their representative for the Sportz Central Advisory Committee after their previous representative resigned.

Issues:

There are no issues relevant to this matter.

Options:

1.    Adopt the recommendation provided to Council.

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

3.    Reject the recommendation provided to Council.

Sustainability Assessment:

•     Environment

There are no environmental issues associated with this report.

•     Social

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

 

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

•     Civic Leadership

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

 

A.1 A vibrant and inclusive place

B.2 A community achieving its potential.

Economic – Broader Economic Implications

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

•     Economic - Delivery Program/Operational Plan Implications

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

Risk Analysis:

There are no specific risks associated with the appointment of committee members. 

Consultation:

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

Related Policy, Precedents and / or Statutory Requirements:

S 355 & s377  Local Government Act 1993:

 

Implementation Date / Priority:

Immediate.

Conclusion:

That Council endorses the recommendations within this report.

 

 


GM19/09      Vacancy in Civic Office - Resignation of Councillor Jan Strom

Author:                        General Manager

Authoriser:                  General Manager

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

Attachments:              Nil

 

Executive Summary

Councillor Jan Strom has tendered her resignation from civic office to the General Manager, effectively immediately.

 

The next ordinary election of Council is due to occur on 12 September 2020.  As the resignation has been received within the 18 month period preceding the 2020 ordinary election of Council, effectively Council has two options available.  First, officially notify the NSW Electoral Commission of the vacancy in civic office and request the Commission to arrange a by-election by 18 June 2019.

 

The second option is to seek an order from the Minister for Local Government dispensing with the need for a by-election in accordance with clause 294(1) of the Local Government Act 1993 as the resignation has occurred within 18 months of the September 2020 ordinary election.  This recommendation is influenced by the anticipated costs associated with the conduct of a by-election.

 

 

Recommendation:

That in accordance with clause 294(1) of the Local Government Act 1993 Council seeks an order from the Minister for Local Government to dispense with the holding of a by-election to fill the vacancy in civic office created by the resignation of Councillor Strom.

 

Report

Description of Item:

Councillor Strom was elected to Council in September 2016.  By correspondence dated 18 March 2019, Cr Strom has conveyed her decision to resign as a Councillor of Coffs Harbour City Council.

 

The next ordinary Council elections are scheduled to be held 12 September 2020.  With the receipt of the resignation from Councillor Strom, a vacancy in civic office has occurred and the Local Government Act 1993 provides a course of action to be followed.  Given the timing of the resignation and the proximity to the September 2020 ordinary elections, Council has options available in responding to this matter.

Issues:

Section 234 of the Local Government Act 1993 provides, in part:

 

          234(1)    A civic office becomes vacant if the holder:

                        …….

(b)     resigns the office by writing addressed to the general manager, or……

 

As indicated above, Councillor Strom has advised her decision to resign as a Councillor of Coffs Harbour City Council, effectively creating a vacancy in civic office.

 

Section 292 of the Act provides:

          292        When is a by-election to be held?

A by-election to fill a casual vacancy in the office of a councillor or a mayor elected by the electors of an area is to be held on a Saturday that:

(a)     Falls not later than 3 months after the vacancy occurs, and

(b)     Is fixed by the general manager (in relation to an election administered by the general manager) or the Electoral Commissioner (in relation to an election administered by the Electoral Commissioner).

 

Section 294 of the Act further provides:

          294        Dispensing with by-elections

(1)     This section applies if a casual vacancy occurs in the office of a councillor, including a mayor elected by the electors of an area, within 18 months before the date specified for the next ordinary election of the councillors for the area.

(2)     If such a casual vacancy occurs in the office of a councillor (but not the office of a mayor elected by the electors), the Minister may, on the application of the council:

(a)     order that the vacancy not be filled, or

(b)     order the holding on a stated day of a by-election to fill the vacancy and revoke any earlier order made under paragraph (a).

……….

 

Given the relevant sections of the Local Government Act 1993, it is clear that in the event of a vacancy in civic office the Act provides direction as to steps to be taken to fill the vacancy, and additionally provides options for the Council and the Minister to consider dependent on various circumstances.

 

The cost associated with the conduct of the 2016 ordinary election was approximately $425,000.  It should be noted that if a by-election is to be conducted, it could be expected that a similar cost would be incurred for the conduct of a by-election to fill a casual vacancy in civic office.  Whilst a by-election would be seeking to fill one vacancy, as opposed to an ordinary election seeking to elect nine councillors, the reality is that the costs would be very similar given the need to conduct the election across the entire local government area involving all the normal polling booths etc.

 

In the current situation, a by-election was not envisaged and accordingly is not provided for within Council’s 2018/19 or 2019/20 budgets.  Given the provisions within the Act allow the seeking of an order not to conduct a by-election it is considered appropriate for Council to pursue this approach.

Options:

1.    Adopt the recommendation provided in this report and seek an order from the Minister for Local Government that the vacancy in civic office not be filled.

2.    Amend the recommendation provided to Council and seek approval from the Minister for Local Government to conduct a by-election.  This option is not recommended to Council due to the proximity of the next ordinary election of Councillors and the indicative unbudgeted cost to Council.

Sustainability Assessment:

•     Environment

There are no environmental impacts as a result of this report.

•     Social

There are no social impacts as a result of this report.

•     Civic Leadership

Councillors provide the foundation for civic leadership.  The issue here is whether Council’s civic leadership role is impacted by the reduction of one elected Councillor for the remainder of the current term of Council.

•     Economic – Broader Economic Implications

There are no broader economic impacts as a result of this report.

•     Economic - Delivery Program/Operational Plan Implications

Should the vacancy in civic office not be filled, there are no major Delivery Program/Operational Plan implications.  There would be a small saving of some $19,790 per annum based on the current Councillor fees.

 

Conversely, should a by-election be conducted to fill the casual vacancy, it is anticipated that the cost would be in the order of $430,000.  No provision is contained within the current Operational Plan to conduct a by-election.

Risk Analysis:

It is considered there is limited risk associated with not filling the vacancy in civic office at the present time.

Consultation:

Consultation at this stage has been limited to the NSW Office of Local Government and the NSW Electoral Commission.

Related Policy, Precedents and / or Statutory Requirements:

Local Government Act 1993 and associated regulations.

Implementation Date / Priority:

Immediate.

Conclusion:

Given Council has and continues to fulfil its role, and the unbudgeted costs associated with a by-election, it is considered appropriate to recommend that Council seek an order from the Minister for Local Government that the casual vacancy in civic office not be filled in accordance with the provisions of the Act.

 

 

  


BS19/12       Bank and Investment Balances for February 2019

Author:                        Section Leader Financial Planning

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS19/12   Monthly Investment Performance Report for the Month Ended 28 February 2019  

 

Executive Summary

Council’s Bank Balances and Investments as at 28 February 2019 totalled $222,423,509.75.  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 Socially Responsible Investment Performance (refer Attachment 1).

 

 

Recommendation:

That Council note the bank balances and investments totalling $222,423,509.75 (including from loans, Developer Contributions and other avenues that form the restricted accounts and are committed for future works) as at 28 February 2019.

 

Report

Description of Item:

A copy of the state of Bank Balances and Investments as at 28 February 2019 is attached.  Also included is a summary of Council’s Socially Responsible Investment Performance.

 

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 2019 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 economic 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 2019, it is noted that the total bank and investment balance was $222,423,509.75 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 favourable 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.

 

 

 


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


BS19/13       Monthly Financial Performance Report for the Month Ended 28 February 2019

Author:                        Senior Financial Accountant

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS19/13   Monthly Financial Performance Report for the Month Ended 28 February 2019  

 

Executive Summary

This report presents the Monthly Financial Performance Report for 28 February 2019.  The report provides information on the actual to budget position at the financial statement level and capital expenditure reports for the current financial year.  The projected year to date surplus is $44.2M with the actual year to date being $50.8M.  The surplus result will reduce over the course of the year as Council delivers services to the community.

 

The explanation of year to date variances is contained within the Income Statement commentary under Variance Comments for variances greater than 10%.  There are individual recurrent revenue sources with variances but overall recurrent revenue is on track, similarly for recurrent expenditure.

 

The capital expenditure target for the current financial year is $92.9M with $31.7M expended to the end of February.

 

 

Recommendation:

That Council note the Monthly Financial Performance Report for 28 February 2019.

 

 

Report

Description of Item:

The Monthly Financial Performance Report provides information on Council’s actual to budget performance.  The report provides accrual based information to Council on a monthly basis and is designed to identify and explain any major variances between budgeted and actual results.

 

The report includes:

 

Financial Management Summary

·     The net operating surplus at the end of February is $6.6M ahead of budget expectations with the majority of rates income budgeted and raised in the first month of the financial year.  The total surplus after capital grants is $50.8M against a budget of $44.2M.  Operating expenses is within $3.6M of budget expectations with total operating expenditure to the end of February $106.3M against a budget of $110M.

·     Capital expenses is behind budget expectations by $1.3M with total capital expenditure to the end of February of $31.7M versus a YTD budget of $33.0M and annual targeted expenditure of $92.9M.  Further details are provided in the Capital Expenditure Report comments.

 

 

Income Statement

·     This is a comprehensive income statement detailing the monthly performance for February 2019.  This statement compares actual to budget on a monthly and year to date basis at the financial statement level.  In terms of monthly percentages, although some percentages may be large in dollar terms, they have a minor impact on financial performance.  There are individual comments for any monthly and YTD variances greater than 10%.

 

Capital Expenditure Summary and Detailed

·     Capital expenditure by cost centre and then at a more detailed level is also provided in the attachment.  Explanations have been provided for any variances greater than $200,000.

Issues:

Income Statement commentary as at 28 February 2019 for Year to Date (YTD) variances:

 

Recurrent Revenue

·     User Charges and Fees:  Holiday Parks Revenue is running at 10.5% above Budget YTD. Coastal Works actual income is going to User Charges whereas the budget is in Other Revenue, this is to be rectified in March review.

·     Interest and Investments Revenue:  This positive variance is due to having more cash and investments on hand than anticipated with the resulting investment income trending higher than budgeted.  This will be reviewed within the March QBRS. Some of the interest income relates to reserves, water, sewer which results in a minor increase to the general fund revenue.

·     Other Revenue: Coastal Works actual income is going to User Charges whereas the budget is in Other Revenue, this is to be rectified in March review.

 

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 by monitoring financial performance which assists the decision making process to allocate funding 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 surplus, after capital revenue, is estimated to be $44.2M as at 28 February 2019.

Risk Analysis:

There are no risks associated with this report.

Consultation:

Group Leaders and their relevant staff have been provided with budget reports for each cost centre on a monthly basis for review.  Any variations will be provided to Council for adoption through the Quarterly Budget Review process.

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:

This report is for noting only and therefore there are no implementation actions.

 

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.

 

The Responsible Accounting Officer confirms the Monthly Financial Performance Report for the month ended 28 February 2019 indicates the financial position of the Council is satisfactory, having regard to the projected estimates of income and expenditure and the original budgeted income and expenditure.

 

 

 


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


BS19/14       Coffs Harbour City Centre Development Incentive Policy

Author:                        Developer Contributions Officer

Authoriser:                  Director Business Services

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  BS19/14   Coffs Harbour City Centre Development Incentive Policy

ATT2  BS19/14   Draft Developer Contributions Plan - Administration Levy

ATT3  BS19/14   Draft Developer Contributions Plan - Surf Rescue Facilities

ATT4  BS19/14   Draft Developer Contributions Plan - Coffs Harbour Road Network

ATT5  BS19/14   Draft Developer Contributions Plan - Open Space

ATT6  BS19/14   Draft Development Servicing Plan - Wastewater

ATT7  BS19/14   Draft Development Servicing Plan - Water Supply  

 

Executive Summary

At the Council meeting held on the 9 August 2018, a resolution was passed that a report be provided outlining the opportunities to activate the Coffs City Centre by exempting development contributions for residential development in the Coffs Harbour City Centre in the short term.

 

Over the last two financial years there has been very limited residential growth within the Coffs City Centre area.  It was determined the opportunity to increase residential development within the Coffs City Centre masterplan area could stimulate the Coffs City Centre activation initiative and help promote overall investment in this precinct.

 

An internal working group conducted extensive research to present an effective and financially responsible recommendation.  The options were considered by Council at the meeting held on the 14 February 2019.  The option endorsed by Council is now contained in the attached draft policy document.

 

The policy is titled Coffs Harbour City Centre Development Incentive Policy and is now presented for further consideration.  The relevant developer contribution plans are also presented to include the reference to the policy under the “exemption” section of these plans.

 

 

Recommendation:

That Council:

1.       Endorse the draft Coffs Harbour City Centre Development Incentive Policy (attachment 1) and place it and the relevant draft Developer Contribution Plans (attachments 2-7) on exhibition for a period of at least 28 days seeking feedback to enable Council’s final determination on this matter.

2.       Note that a further report will be brought back to Council for consideration following the public exhibition of the draft Coffs Harbour City Centre Development Incentive Policy.

 

Report

Description of Item:

The attached draft Coffs Harbour City Centre Development Incentive Policy incorporates the adopted option of providing an exemption to developer contributions for the development of accommodation within the Coffs Harbour City Centre precinct, with the following conditions being proposed:

 

a.   an exemption of developer contribution charges for residential development, consisting of a minimum of four Equivalent Tenements (ETs) for developments within the Coffs Harbour City Centre.

b.   an exemption of developer contributions charges for tourist accommodation and shop top housing, consisting of a minimum of one Equivalent Tenements (ET) for developments within the Coffs Harbour City Centre.

c.   the period of exemption is to run for two years from the date the policy is approved OR until a maximum cap (incentive allowance) of $2,500,000 is reached, whichever occurs first.

d.   qualification for the exemption - developments must have construction completed and issued with a final occupation certificate within three years from the time the application is lodged. In order to attain the exemption construction must be completed before the maximum cap (incentive allowance) of $2,500,000 is reached.

e.   A review of the effectiveness of the policy after a twelve month period

 

The current and relevant section 7:11 & section 64 plans applicable to this incentive include:

 

·    Developer Contributions for Administration Levy

·    Developer Contributions for Surf Rescue Facilities

·    Developer Contributions for Coffs Roads Network

·    Developer Contributions for Open Space

·    Development Servicing Plan for Wastewater

·    Development Servicing Plan for Water Supply

 

The table below illustrates contributions that would currently be incurred under different scenarios. This highlights the potential savings/benefits for developers by exempting the developer contribution charges under this policy.

 

Types of Development

GFA (Gross Floor Area) per unit

Section 7:11

Water and Wastewater
(section 64)

Total Developer Contributions Payable

Dual Occupancy (GFA >100 sqm)
or additional sub divided lot

$5,456

$20,817

$26,273

3 units (GFA >100 sqm)

$10,913

$41,634

$52,547

4 units (GFA >100 sqm)

$16,369

$62,450

$78,819

8 units (GFA <100 sqm)

$25,100

$95,757

$120,857

19 units (GFA <100 sqm)

$61,659

$235,231

$296,890

2 lots credit applied

 

Issues:

Council would forego any potential income from developer contributions as displayed in the above table, over the specified time.  The exemption of contributions on a larger area and over an extended time could have an adverse impact upon Council’s finances and affect the ability to provide infrastructure to a growing population.  Given the limited amount of residential growth over the last two years within the Coffs Harbour City Centre, this incentive would not pose any significant impact to Council’s anticipated financial position over the short term.  The aim of this incentive is to encourage further development, where the development may not otherwise occur.

 

The amended condition stating construction must be completed before the maximum cap (incentive allowance) of $2,500,000 is reached may limit the certainty that the Development qualifies for the exemption.  This qualification condition is recommended and included to provide an incentive that aims to accelerate immediate development within the identified area.

 

At this stage the potential uptake of this initiative is unable to be quantified.  The incorporation of a maximum cap (an incentive allowance) of $2,500,000 would regulate Council’s financial commitment and reduce the overall risk.  Limiting the incentive commitment to $2,500,000 would allow for approx 100 ETs being incentivised and would reduce long term financial exposure.  This figure could be revised during the subsequent 12 month review.

 

General residential developments must provide all relevant car parking onsite as per the Coffs Development Control Plan (DCP), unless a formal planning agreement is approved.  The Coffs Harbour City Centre Car Parking Developer Contributions Plan is only relevant to commercial development.  Therefore, the Coffs Harbour City Centre Developer Contributions Car Parking Plan would not be pertinent for general residential development.  However, tourist accommodation developments may be entitled to a concession under the Business Incentive Policy, for any applicable car spaces required.  This may increase the number of tourist accommodation development applications with reduced onsite car parking provided.  The developer contribution concession could place greater pressure on the car parking supply within the City Centre.  However, a recent parking study in 2017 determined there is currently adequate parking supply in the City Centre to meet parking demand.

 

An incentive such as this can affect the collection of revenue that is normally utilised for future infrastructure – this is addressed in more detail in the Broader Economic Implications contained in this report.

Options:

In considering this report Council has the following options:

 

1.    Approve and adopt the placement of the draft policy and the relevant developer contribution plans on public exhibition for a period of 28 days, with the invitation for public submissions.

This will enable Council to seek external public feedback, which will assist Council with its final decision and determination regarding the potential policy adoption.

2.    Modify the draft policy document and vary any condition(s).

Council may wish to amend the qualification condition, where-by removing the requirement that development(s) must be completed before the maximum cap (incentive allowance) of $2,500,000 is reached.

Triggering the maximum cap allowance at the time of lodging the application, could give Developers greater financial certainty.  However in this instance, the change to this condition may not stimulate immediate development.

3.    Decline the recommendation.

This will mean Council does not wish to proceed with the exemption being proposed.

 

Option 1 is recommended.

Sustainability Assessment:

•     Environment

If this exemption is adopted the general CBD landscape could have an increased level of medium and high density dwellings within the confined area.  This could assist in achieving Council’s urban growth objectives of a “compact city” model, thereby limiting the footprint of residential growth.  This could also assist with more efficient use of existing infrastructure and could encourage more active forms of transport, such as walking and cycling, in turn possibly less reliance on cars.

•     Social

The exemption to contributions could provide many additional benefits to the Coffs Harbour City Centre precinct.  Activating the City Centre would enhance the general atmosphere by way of creating a vibrant and exciting CBD hub.  Current people activity is mainly limited to the morning and lunchtime periods.  By increasing the local population in this area it could create longer hours of general social activity and provide passive surveillance of the City Centre after normal working hours.  This initiative could further assist the growth of a lively, hospitable and safe space to enjoy, beyond current periods of activity.

•     Civic Leadership

The MyCoffs Community Strategic Plan includes the specific strategy:

 

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

 

This incentive also supports a number of the fundamental points identified in the Coffs Harbour Economic Development Strategy 2017-2022.  The incentive specifically targets an increase in population growth focused within the existing developed footprint.  The short term exemption could assist in advancing these strategies further.

•     Economic – Broader Economic Implications

Developer contribution charges fund infrastructure projects for a growing population.  The exemption of contributions on a larger area and over an extended time could have an adverse impact upon Council’s finances and affect the ability to provide infrastructure to a growing population.  However, given this exemption is only proposed for the short term and in a relatively confined area with the predominate development being infill, the impacts could be considered marginal.

 

Local Government Area-wide Section 7:11 (formerly section 94)_ Plans

 

Local Government Area wide Section 7:11 plans include; Administration Levy, Road Network, Surf Rescue Facilities and Open Space.  Total contributions for a standard sized dwelling / lot is $5,456.

 

These plans are based on future population projections and therefore exempting such developments could affect income derived from these plans.  Any potential shortfall in income may need to be funded from an alternative source.  Unfortunately, it is not possible to quantify the potential uptake and potential loss of income.  However, by incorporating a maximum cap (incentive allowance) of $2,500,000 would limit Council’s financial commitment.  This amount would allow for approx 100 ETs being incentivised.

 

Section 64 Development Servicing Plans

 

The Section 64 Development Servicing Plans for both the water supply and wastewater networks are not based on specific locality but rather are based on a whole of network approach and equivalent tenements likely to be added to the network over the life of the Development Servicing Plans.  The current plans were developed and prepared with the factor of population growth over the whole Local Government area.  However, the current network does provide for a capacity approximately eight times its initial projected usage.

 

Total contributions for a standard sized dwelling/lot is $20,817 (per ET).  It can be noted the area in question has an established water supply and wastewater network however, with increased population a greater burden will be placed on the whole water and wastewater network.  Any shortfall or reduction in water and wastewater contributions will impact on revenue flows for these services and may require additional funding from other sources for future works.

•     Economic - Delivery Program/Operational Plan Implications

There are no significant foreseeable financial implications to Council’s operational or delivery program.  Extending the timing or the designated area could have significant impacts to Council’s financial position.

Risk Analysis:

By placing the $2,500,000 maximum cap allowance condition on the final completion of developments could help stimulate immediate development within the Coffs Harbour City Centre precinct.  This option may provide some uncertainty to Developers – ie, unsure if they qualify for the exemption, particularly toward the later stage of their development.

 

To mitigate the potential uncertainty and to assist timely development, Council would track the uptake and in turn publicise the amount of maximum cap allowance still available, as developments are completed.  This may instil a sense of resolve to have developments prioritised and constructed within the Coffs Harbour City Centre.

 

Overall it is considered that the recommended exemption presents minimal financial risk to Council over the short term.  The social benefits and potential business growth derived from the exemption could be seen as outweighing the impacts of foregoing contributions over the short term.

Consultation:

Relevant staff members and working group members across Council have been consulted in the preparation of this report.

 

Over recent years there has been a Community wide consensus that activating the Coffs City Centre will provide many positive outcomes and benefits.  This is particularly supported by the Coffs CBD Masterplan and within the local business sector with the view to enhance business investment across the precinct.  This initiative could also be seen to compliment the recently adopted Business Incentive Policy.

 

Public submissions will be invited in order to best determine the conditions contained in the draft Coffs City Centre Development Incentive Policy.

Related Policy, Precedents and / or Statutory Requirements:

The relevant statutory requirements for the preparation of developer contribution plans and collection of contributions are principally the Environmental Planning and Assessment Act 1979, the Environmental Planning and Assessment Regulation 2000, the Local Government Act 1993 and the Water Management Act 2000.

Implementation Date / Priority:

Upon direction from this report, if either options 1 or 2 are selected, a subsequent report will be provided to Council.  At that time public submissions will be presented with either an amended policy or recommendation to endorse the current policy.  The final effective date for this initiative would be estimated to be in 2 to 3 months.

Conclusion:

The draft policy presented addresses the request from Council to provide options for exempting developer contributions for residential development in the Coffs Harbour City Centre over a short term period.  Seeking public submissions will assist Council in determining its final decision regarding the potential adoption of the mentioned policy and conditions.  External feedback will provide an opportunity to seek valuable input from the greater community.

 

The last two years indicate minimal residential growth in the Coffs Harbour City Centre precinct. Being an area potentially available to multi occupancy development, the reliance on new income is not as significant, compared to areas specific to (Greenfield) new urban release.

 

The exemption of developer contributions in the Coffs City Centre for residential, tourist accommodation and shop top housing development could significantly stimulate residential growth and business activity – the additional benefits could extend to improve the City Centre by way of enhancing a vibrant community and business space by potentially increasing economic activity and promoting many other positive social outcomes.

 

 

 


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator

 


SC19/10       Draft Coffs Harbour Local Growth Management Strategy - Chapter 5 Rural Lands - Intensive Plant Agriculture Discussion Paper

Author:                        Senior Planner/Urban Designer

Authoriser:                  Director Sustainable Communities

My Coffs:                     C.2 A natural environment sustained for the future

Attachments:              ATT1  SC19/10   Discussion Paper - Intensive Plant Agriculture - March 2019

ATT2  SC19/10   Intensive Plant Agriculture Land Use Overview Table  

 

Executive Summary

At its Ordinary Meeting of 6 December 2018, Council considered a report on the draft Coffs Harbour Local Growth Management Strategy - Chapter 5 Rural Lands, which also incorporated an Intensive Plant Agriculture Discussion Paper.

At that meeting, Council resolved only to publicly exhibit draft Coffs Harbour Local Growth Management Strategy - Chapter 5 Rural Lands. Council’s resolution in relation to the Discussion Paper was that it be brought back to the Agricultural Advisory Committee for further consultation by March 2019, and then be put on public exhibition after the requested consultation was completed.

Consultation was undertaken with the Agricultural Advisory Committee in early 2019 in accordance with that resolution. During that additional consultation, a supplementary document was prepared in collaboration with the Agricultural Advisory Committee to provide a summary of Intensive Plant Agriculture land use considerations.

The purpose of this report is to inform Council that the additional consultation has been undertaken with the Agricultural Advisory Committee and to seek endorsement to publicly exhibit the Intensive Plant Agriculture Discussion Paper (Attachment 1) in conjunction with the Intensive Plant Agriculture Land Use Overview Table (Attachment 2). It also seeks endorsement to simultaneously re-exhibit draft Coffs Harbour Local Growth Management Strategy - Chapter 5 Rural Lands so that the documents can be read in context with each other.

 

Recommendation:

That Council:

1.       Note the Intensive Plant Agriculture Discussion Paper (Attachment 1) and Intensive Plant Agriculture Land Use Overview Table (Attachment 2).

2.       Proceed to community engagement through public exhibition of the Intensive Plant Agriculture Discussion Paper in conjunction with the Intensive Plant Agriculture Land Use Overview Table; and simultaneous re-exhibition of draft Coffs Harbour Local Growth Management Strategy - Chapter 5 Rural Lands for a minimum period of 28 days.

3.       Note that a further report will be brought back to Council to present the outcomes of the public exhibition process, and for consideration of a final Coffs Harbour Local Growth Management Strategy - Chapter 5 Rural Lands.

 

Report

Description of Item:

In 2015, Council endorsed the engagement of consultants to prepare a draft Rural Lands Strategy for Coffs Harbour as part of a review and update of its Local Growth Management Strategy; and in November 2016, resolved to appoint a Section 355 Agricultural Advisory Committee to provide input into this Strategy.

Through a Notice of Motion on 9 November 2017, Council further resolved to prepare a draft report to explore feasible mitigation measures in relation to Intensive Plant Agriculture, so as to support sustainable land use and reduce land use conflict within the Coffs Harbour Local Government Area.

In response to that resolution, a Discussion Paper was developed to identify feasible mitigation measures for impacts associated with Intensive Plant Agriculture and to provide context, support and background information in relation to draft Coffs Harbour Local Growth Management Strategy - Chapter 5 Rural Lands.

Endorsement to publicly exhibit draft Coffs Harbour Local Growth Management Strategy - Chapter 5 Rural Lands and the Intensive Plant Agriculture Discussion Paper was sought from Council at its Ordinary Meeting of 6 December 2018.  At that meeting, Council resolved to:

1.   Proceed to community engagement through public exhibition of the draft Coffs Harbour Local Growth Management Strategy – Chapter 5 Rural Lands until the end of February 2019.

2.   Note that a further report will be brought back to Council for consideration of the draft Coffs Harbour Local Growth Management Strategy – Chapter 5 Rural Lands.

3.   Bring the Intensive Plant Agricultural Discussion Paper back to the Agricultural Advisory Committee for further consultation with a final timeline of March 2019.

4.   That the Intensive Plant Agricultural Discussion Paper be put on public exhibition after the further consultation with the Agricultural Advisory Committee.

In accordance with Item 1 of this resolution, draft Coffs Harbour Local Growth Management Strategy - Chapter 5 Rural Lands was placed on public exhibition from 12 December to 28 February 2019. Further consultation was undertaken with the Agricultural Advisory Committee on 23 January and 11 February 2019 in accordance with Item 3 of this resolution. During that consultation, a supplementary document was prepared in collaboration with the Committee to provide a summary of Intensive Plant Agriculture land use considerations which is captured in the Intensive Plant Agriculture Land Use Overview Table (Attachment 2).

The purpose of this report is to inform Council that additional consultation has been undertaken with the Agricultural Advisory Committee and to seek endorsement to publicly exhibit the Intensive Plant Agriculture Discussion Paper (Attachment 1) in conjunction with the Intensive Plant Agriculture Land Use Overview Table (Attachment 2). It also seeks endorsement to simultaneously re-exhibit draft Coffs Harbour Local Growth Management Strategy - Chapter 5 Rural Lands so that the documents can be read in context with each other.

Issues:

-      Intensive Plant Agriculture

During the Rural Lands Review process, land use conflict associated with Intensive Plant Agriculture was identified as one of the most significant issues for rural land use, hence the need for the development of a specific Discussion Paper on this matter. The issues associated with Intensive Plant Agriculture are described in more detail in the Agenda for Council’s Ordinary Meeting of 6 December 2018 (SC18/45).

In summary, the issues associated with Intensive Plant Agriculture include potential:

§ pollution (air, noise, water);

§ adverse impacts on waterways (including estuaries and the marine environment);

§ spray drift;

§ high water use;

§ storage of hazardous chemicals;

§ visual impacts (netting);

§ illegal clearing of native vegetation;

§ lack of employee facilities;

§ lack of accommodation for seasonal workforce;

§ increased and unmanaged traffic movements and parking; and

§ adverse impacts on ‘rural living’.

-      Notice of Motion

Council at its Ordinary Meeting of 9 November 2017, made the following resolution through a Notice of Motion (NOM 17/18) to address emerging issues in relation to Intensive Plant Agriculture:

1.    That Council staff prepare a draft report to explore feasible mitigation measures in relation to intensive horticulture as stipulated in the LEP 2013 as it stands in the LGA to support sustainable land use and reduce land use conflict in the LGA.

2.    This could include, but not be limited to, a discussion of exemptions, buffers, water storage and whole farm plans.

3.    That the draft report will be provided to the CHCC Agricultural Advisory Committee for discussion, comment and input to assist in the development of the Rural Lands strategy;

4.    That the CHCC Agricultural Advisory Committee input be included in the Rural Lands strategy that goes on public exhibition.

The Intensive Plant Agriculture Discussion Paper (Attachment 1) has been prepared in response to Items 1 and 2 of this resolution. This Discussion Paper explores feasible mitigation measures to address impacts associated with this land use and has been prepared in consultation with the Agricultural Advisory Committee in accordance with Item 3 of this resolution. Further detail in relation to consultation with the Agricultural Advisory Committee and the Committee’s input (in accordance with Item 4 of this resolution) is provided in the following.

-      Agricultural Advisory Committee

Council at its Ordinary Meeting of 24 November 2016 resolved to appoint an Agricultural Advisory Committee for discussion, comment and input to assist in the development of a Rural Lands Strategy. The Agricultural Advisory Committee was formed during the second stage of the rural lands review process and has met regularly to discuss and provide input into the development of draft Coffs Harbour Local Growth Management Strategy - Chapter 5 Rural Lands and associated Intensive Plant Agriculture Discussion Paper.

Discussions, comments and feedback from the Agricultural Advisory Committee have been taken into consideration as part of the rural lands review process, along with broader input and feedback from various rural land stakeholders, and the available evidence base. There have been differences of opinions between members of the Committee as to which mitigation measures should be included, with some members strongly opposed to the inclusion of a mitigation measure to amend Council’s local planning controls to require approval for Intensive Plant Agriculture within Zone RU2 Rural Landscape of Coffs Harbour Local Environmental Plan 2013. It is considered important to consult with the public on all mitigation options.

Further consultation was undertaken with the Agricultural Advisory Committee on 23 January and 11 February 2019, in accordance with the Council resolution of 6 December 2018. During this additional consultation, some Committee members sought to vary the mitigation table within the Intensive Plant Agriculture Discussion Paper. To address this, a supplementary document has been prepared in collaboration with the Committee to provide a useful summary of Intensive Plant Agriculture land use considerations (Attachment 2). This document is based on existing government agency fact sheets and the Australian Blueberry Grower Association Code of Conduct. This document is not intended to replace the mitigation table provided within the Intensive Plant Agriculture Discussion Paper. It should be noted that minor changes were made to the Discussion Paper including language alterations.

In accordance with the minutes of the last Agricultural Advisory Committee meeting of 11 February 2019, a copy of the subject Intensive Plant Agriculture Discussion Paper and Land Use Overview Table were circulated to the committee on 21 February 2019.

The Intensive Plant Agriculture Discussion Paper (Attachment 1) explores the issues associated with Intensive Plant Agriculture and identifies feasible mitigation measures that are available to lessen impacts from this land use. The purpose of the Discussion Paper is to seek feedback from the broader community and rural land stakeholders on whether there are additional or alternative mitigation measures that can be considered to manage land use conflict issues associated with Intensive Plant Agriculture.

Options:

Council has several options available to progress this matter, including:

1.   Support the recommendations in this report and publicly exhibit the Intensive Plant Agricultural Discussion Paper (Attachment 1) in conjunction with the Intensive Plant Agriculture Land Use Overview Table (Attachment 2), and simultaneously re-exhibit draft Coffs Harbour Local Growth Management Strategy - Chapter 5 Rural Lands for a minimum period of 28 days; or

2.   Amend the recommendations in this report and/or elements of the documents; or

3.   Reject the recommendations.

This report recommends Option 1.

Sustainability Assessment:

•     Environment

The Intensive Plant Agriculture Discussion Paper identifies environmental impacts associated with this land use and feasible mitigation measures available to lessen such impacts. This reflects Council’s long term strategic vision for Coffs Harbour as endorsed in the MyCoffs Community Strategic Plan to “ensure that land use planning and development protects the value and benefits provided by the natural environment”.

•     Social

The Intensive Plant Agriculture Discussion Paper seeks to address social impacts associated with land use conflicts for residents living in rural communities (which make up approximately 72% of rural land uses). The mitigation measures identified in the Discussion Paper reflect Council’s long term strategic vision for Coffs Harbour in the MyCoffs Community Strategic Plan “to undertake development that is environmentally, socially and economically responsible”.

•     Civic Leadership

The Intensive Plant Agriculture Discussion Paper seeks to achieve the following objectives within Council’s MyCoffs Community Plan:

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

-     We protect the diversity of our environment (C2.1);

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

•     Economic – Broader Economic Implications

The Intensive Plant Agriculture Discussion Paper identifies a number of mitigation measures that could be used to lessen impacts from this land use. Some of these measures may require funding through either government partnership opportunities, Council’s Delivery Program or through grant applications or other initiatives.

•     Economic - Delivery Program/Operational Plan Implications

The Intensive Plant Agriculture Discussion Paper identifies a number of mitigation measures that could be used to lessen impacts from this land use, some of which may require funding through either government partnership opportunities, Council’s Delivery Program or through grant applications or other initiatives. This could have implications for Council’s Delivery Program and Operational Plan.

Risk Analysis:

The Intensive Plant Agriculture Discussion Paper explores issues associated with Intensive Plant Agriculture, and identifies feasible mitigation measures to lessen the impacts from this land use. The purpose of the Discussion Paper is to seek feedback on whether there are additional or alternative mitigation measures that can be considered to manage land use conflict issues associated with this land use.

It is important to allow the community and rural land stakeholders to understand and explore all of the issues, and to provide feedback that may assist in the ongoing management of Intensive Plant Agriculture so that the industry can continue sustainably in the Local Government Area. This process provides an opportunity for stakeholder and community engagement, and thus reduces Council’s risk.

Consultation:

A comprehensive community engagement framework has informed the rural lands review process to date. This consultation is described in more detail in the Agenda for Council’s Ordinary meeting of 6 December 2018 (SC18/45). The Intensive Plant Agriculture Discussion Paper is based on the outcomes of this consultation.

Council at its Ordinary Meeting of 24 November 2016 also resolved to appoint an Agricultural Advisory Committee for discussion, comment and input to assist in the development of a Rural Lands Strategy. A detailed discussion in relation to the consultation with the Committee on the Intensive Plant Agriculture Discussion Paper is provided in the issues section of this report.

Related Policy, Precedents and / or Statutory Requirements:

The Intensive Plant Agriculture Discussion Paper has been developed to inform draft Coffs Harbour Local Growth Management Strategy - Chapter 5 Rural Lands, which aims to assist in the delivery of the North Coast Regional Plan 2036 and Council’s MyCoffs Community Strategic Plan 2017.

Draft Coffs Harbour Local Growth Management Strategy - Chapter 5 Rural Lands is required to be endorsed by NSW Planning and Environment and will inform future Local Environmental Plans and updates to Coffs Harbour Development Control Plan 2015.

Implementation Date / Priority:

Should Council adopt the recommendations of this report, a further report will be put to Council to present the outcomes of the exhibition process and to provide an update on how such outcomes have informed a final Coffs Harbour Local Growth Management Strategy - Chapter 5 Rural Lands. Endorsement from NSW Planning and Environment would then be required prior to implementing any of the actions within Chapter 5 Rural Lands.

Conclusion:

The purpose of this report is to inform Council of additional consultation that has been undertaken with the Agricultural Advisory Committee and to seek endorsement to publicly exhibit the Intensive Plant Agriculture Discussion Paper in conjunction with the Intensive Plant Agriculture Land Use Overview Table. It also seeks Council’s endorsement to simultaneously re-exhibit draft Coffs Harbour Local Growth Management Strategy - Chapter 5 Rural Lands so that the documents can be read in context with each other.

The Discussion Paper seeks community and stakeholder feedback on feasible mitigation measures that could assist in lessening impacts associated with the Intensive Plant Agriculture land use, and so that the industry can continue sustainably in the Local Government Area.

It is important at this stage of the process that all of the issues are conveyed and discussed with the community and rural land stakeholders prior to the adoption of a final rural lands chapter to sit within the updated Coffs Harbour Local Growth Management Strategy.

 


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


SC19/11       Draft Coffs Harbour Local Growth Management Strategy - Chapter 6 Large Lot Residential Lands

Author:                        Senior Planner/Urban Designer

Authoriser:                  Director Sustainable Communities

My Coffs:                     C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC19/11   Draft Coffs Harbour Local Growth Management Strategy - Chapter 6 Large Lot Residential Lands - March 2019

ATT2  SC19/11   Large Lot Residential Background Paper - March 2019  

 

Executive Summary

In August 2013, Council commenced a review and update of its Local Growth Management Strategy to ensure that it meets the needs of Coffs Harbour and its residents moving forward to 2036. This report relates to a review of large lot residential land (formerly known as rural residential) within the Coffs Harbour Local Government Area (LGA), which has been undertaken as part of the broader update of Council’s Local Growth Management Strategy.

In 2018, Council endorsed the engagement of a consultant to prepare draft Chapter 6 Large Lot Residential Lands for the Coffs Harbour LGA, which will guide large lot residential development over the next 20 years. The consultant work involved a review of the 2009 Rural Residential Strategy, and development of a Background Paper to support additional information about draft Chapter 6 during the public exhibition period.

The purpose of this report is to seek Council’s endorsement to publicly exhibit draft Coffs Harbour Local Growth Management Strategy – Chapter 6 Large Lot Residential Lands (Attachment 1) and the associated Large Lot Residential Background Paper (Attachment 2).

 

Recommendation:

That Council:

1.       Endorse the draft Coffs Harbour Local Growth Management Strategy – Chapter 6 Large Lot Residential Lands (Attachment 1) and Large Lot Residential Background Paper (Attachment 2).

2.       Proceed to community engagement through public exhibition of the draft Coffs Harbour Local Growth Management Strategy – Chapter 6 Large Lot Residential Lands and Large Lot Residential Background Paper for a minimum period of 28 days.

3.       Proceed to undertake further government agency consultation during the public exhibition period.

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

 

Report

Description of Item:

At its Ordinary Meeting of 8 February 2018, Council considered a report in relation to a stage two candidate area within the Coffs Harbour 2009 Rural Residential Strategy known as the Korora - West Sapphire - Moonee Large Lot Residential Investigation Area. At this meeting, Council resolved to:

1.   Note the contents of the response provided by the NSW Department of Planning and Environment to Council's request to endorse the Korora - West Sapphire - Moonee Large Lot Residential Investigation Area.

2.   Expedite a review and update the land release program and recommendations of the Coffs Harbour Local Growth Management Strategy - Rural Residential Component 2009 and allocate a sum of $80,000.

3.   That Council follows the recommendations by the NSW Department of Planning and Environment made in their response including consulting with the RMS and NSW Office of environment and Heritage.

4.   Notify landowners within Precincts 3, 4 and 5 of the Korora - West Sapphire - Moonee Large Lot Residential Investigation Area of Council's resolutions, consistent with the response received from the NSW Department of Planning and Environment.

Consultant Mike Svikis Planning was subsequently engaged by Council to review and update the 2009 Rural Residential Strategy in accordance with this resolution. The purpose of this report is to seek Council’s endorsement to publicly exhibit draft Coffs Harbour Local Growth Management Strategy – Chapter 6 Large Lot Residential Lands (Attachment 1) and Large Lot Residential Background Paper (Attachment 2).

Issues:

·    Review of Council’s Existing Rural Residential Strategy 2009

Draft Chapter 6 Large Lot Residential Lands of a revised Coffs Harbour Local Growth Management Strategy has been prepared to update the existing 2009 Rural Residential Strategy, and to provide a framework for the release and management of large lot residential land (formerly known as rural residential land) in the Coffs Harbour LGA. The draft chapter has been prepared in accordance with relevant State guidelines and policies, and will be used to define future zoning of land for large lot residential purposes. The draft large lot residential lands chapter applies to the entire Coffs Harbour LGA and has a planning horizon of twenty years.

·    Preferred Growth Model - Compact City

The compact city model within the draft Coffs Harbour Local Growth Management Strategy is focused on urban consolidation in existing urban areas, with little expansion of additional residential zoned land. This approach aims to protect the character and identity of rural villages, promote green belts around urban areas and discourage urban sprawl.

Large lot residential opportunities remain a relevant part of the LGA housing mix. However, due to their larger lot size, they consume more land per standard dwelling, and result in a much lower housing density.  Therefore, this form of housing plays a minor role in meeting the overall housing needs of the Coffs Harbour LGA.

·    Large Lot Residential Supply and Demand

Based on a supply and demand analysis of large lot residential land, it has been determined that the Coffs Harbour LGA currently has relatively large stocks of un-subdivided land within zone R5 Large Lot Residential. These current R5 zoned areas can supply new land to satisfy legitimate demand for approximately 13.5 years (approximately 457 lots). However, this land is concentrated at Bonville and Korora. There is a perceived demand for large lot residential opportunities to reinforce the small communities of Nana Glen, Coramba and Karangi. There is also a long history of Council supporting additional large lot residential land at Korora, Moonee and Sapphire west of the Pacific Highway.

Draft Chapter 6 identifies five areas located both east and west of the coastal range (but all west of the Pacific Highway) that should add sufficient land (approximately 158 lots representing about a further 4.5 years’ supply), to deliver equilibrium between large lot residential land supply and demand over the life of this strategy.

·    Minimum Lot Size

Coffs Harbour has a range of existing large lot residential lot sizes that reflect past planning subdivision rules. These lot sizes range from 3,000m2 lots in Middle Boambee, created in accordance with Coffs Harbour Local Environmental Plan (LEP) 1988 provisions, to two-hectare allotment sizes in Nana Glen and the steeper areas of Korora Basin, created in accordance with Coffs Harbour LEP 2000 provisions. Currently, the minimum lot size for the majority of large lot residential areas in Coffs Harbour is one hectare, which was set by the provisions of LEP 2000 and LEP 2013. This lot size was primarily based on the advice of the NSW Department of Health, for land requirements for effluent disposal. It was also considered that this lot size provided a clear distinction in appearance between large lot residential and urban residential development. Advancements in effluent disposal systems suggest that much smaller lot sizes could satisfactorily sustain effluent disposal from large lot residential dwellings.

Coffs Harbour LEP 2013 allows lot sizes to be different for land within the same zone. For the sake of determining the potential large lot residential yield of any greenfield land, a minimum lot size of one hectare has been assumed. However, the LGMS is not rigid on this and a planning proposal to rezone land should apply a minimum lot size relevant to the characteristics of the land. This will need to be based on a site-specific and detailed land capability assessment through a planning proposal in each instance.

·    Road Standards

Council’s Development Control Plan requires that for rural and large lot residential subdivisions the road hierarchy, layout and construction are designed in accordance with Council’s development specifications to ensure that vehicular access to all lots will be safe and serviceable in the long term, and will protect the interests of Council and the community.

Many of the existing roads in the candidate areas do not comply with current design and construction standards, therefore road upgrades would be required, which would incur significant costs.

·    User Pays

Large lot residential development does not generally require the same level of reticulated services (i.e. water and sewerage) as urban development. In some cases, subdivision can be undertaken as a Community Title subdivision, which allows for sharing of some services between landowners, such as access roads. However, Council does require that when land is rezoned to permit large lot residential development, all public access roads and intersections are to be upgraded to a standard consistent with Council’s development specifications.

The large lot residential review findings indicate that the cost of infrastructure improvements to bring roads and intersections up to standard should be met by individuals who seek to subdivide their property. It further sets out that Council should consider such mechanisms as voluntary planning agreements with landowners to ensure that road infrastructure does not become a burden on any one landowner, or indeed Council. Depending on the circumstances, agreements may involve multiple landowners.

The areas identified within the revised draft Local Growth Management Strategy - Chapter 6 Large Lot Residential Lands are to proceed by way of planning proposals on a precinct or proponent led basis. Accordingly, Council will require its costs for processing these planning proposals to be provided by the proponent (in accordance with Council’s adopted fees and charges).

The user pays principle for planning proposals was endorsed by Council at its Ordinary Meeting of 10 August 2017, when considering a joint report prepared by Council and Planners North (the consultant acting on behalf of landowners from Korora - West Sapphire - Moonee Large Lot Residential Investigation Area). This specifically referred to the desire to enable proponent led planning proposals for individual locations as set out in the following resolution:

1.   That Council acknowledges the recommended framework for the release of large lot residential development as described in the Joint Report – Coffs Harbour City Council and Planners North, Korora - West Sapphire - Moonee - Large Lot Residential Investigation Area dated 1 August 2017;

2.   That Council retains the Korora – West Sapphire – Moonee – large lot residential investigation area as part of its adopted Local Growth Management Strategy; and

3.   That Council approach the Department of Planning and Environment requesting its acceptance of a release mechanism for the release of land in the Korora - West Sapphire - Moonee - Large Lot Residential Area whereby individual locations within the area are able to be released by way of specific Planning Proposal.

·    Locational Criteria

The selection of the five additional candidate areas was based on a set of criteria, originating from the mapping undertaken in the existing endorsed Coffs Harbour Local Growth Management Strategy Rural Residential Strategy 2009. This mapping was largely based on excluding land areas which were identified as having certain characteristics that make them unsuitable for large lot residential development, and excluded areas that are affected by multiple constraints, such as high value vegetation, flooding and high bushfire risk.

The North Coast Regional Plan 2036 provides the following criteria that Council must consider:

-     new large lot residential areas should be located west of the Pacific Highway;

-     large lot residential development is to be directed away from important farmland, including small lot primary production areas such as that used for intensive plant agriculture in Coffs Harbour; and

-     any large lot residential development should focus on areas of least biodiversity sensitivity in the region, including areas of “potential high environmental value” (HEV as mapped by the Office of Environment and Heritage).

The current review provided additional criteria that influenced the selection of land in the draft chapter. This includes land affected by infrastructure, such as the high speed rail corridor and high voltage power lines; revised flood mapping; high value habitat (HVH as mapped by Council in its fine scale vegetation mapping of the LGA); cultural and environmental values; proximity to the nearest school and village; and proximity to existing clusters of existing large lot residential areas (to make better use of services). These locational criteria are outlined in more detail in Attachment 2 (Section 6.6 and appendices).

The review provided further criteria relating to potential shared infrastructure and development costs, which included multiple land ownership locations; interest from landowners in proceeding with a planning proposal and subdivision (to minimise land banking); road quality and potential for upgrade; and prospective lot yield of ten or more lots (to spread development costs).

Options:

Council has the following options available to progress this matter:

1.   Support the recommendation in this report and proceed to public exhibition of the documents (as set out in Attachments 1 and 2); or

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

3.   Reject the recommendation.

This report recommends Option 1.

Sustainability Assessment:

•     Environment

If Council supports additional large lot residential areas in Chapter 6 of the revised Coffs Harbour Local Growth Management Strategy, potential environmental impacts will be assessed on a property or locality basis as part of proponent led planning proposals. This would include on-site wastewater disposal and the physical characteristics of the land (i.e. steepness, flooding, bushfire, vegetation clearing, land contamination, etc.). Individual planning proposals would be assessed on their merit in relation to environmental impacts and sustainability.

•     Social

If Council supports additional large lot residential areas in Chapter 6 of the revised Local Growth Management Strategy, potential social impacts will be assessed on a property or locality basis as part of proponent led planning proposals. This would include ensuring that the development does not impair the use of nearby land for agriculture or rural industries. It would also include an assessment of required upgrades to public roads and intersections. A site-specific cultural heritage assessment and assessment of potential impacts on the rural character or scenic amenity would also be required. Individual planning proposals would be assessed on their merit in relation to social impacts and sustainability.

•     Civic Leadership

The draft chapter seeks to implement appropriate and relevant objectives and associated strategies, including housing affordability and vibrant rural communities, and the following objectives of the MyCoffs Strategic Plan:

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

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

•     Economic – Broader Economic Implications

The Coffs Harbour Local Growth Management Strategy aims to provide a coordinated strategic and planned approach to cater for future growth. This will assist in the orderly and efficient development of the city, and promote investment, economic activity and regional services.

•     Economic - Delivery Program/Operational Plan Implications

Updating the Local Growth Management Strategy is a Council initiative and costs are included in Council’s Delivery Program and Operational Plan.

Risk Analysis:

By placing draft Local Growth Management Strategy – Chapter 6 Large Lot Residential Lands and the associated Background Paper on public exhibition, this provides an opportunity for stakeholder and community engagement and thus reduces Council’s risk.

Consultation:

As part of the development of draft Local Growth Management Strategy - Chapter 6 Large Lot Residential Lands, landowner consultation has been undertaken. In September 2018, Council wrote to all landowners identified in the 2009 Strategy as ‘Stage 2 Areas’ (Korora, West Sapphire and Moonee) and ‘Investigation Areas’ (Nana Glen, Coramba, Karangi and Corindi Beach). In response, over 30 individual conversations with landowners occurred.

Detailed consultation was also undertaken with three government agencies, being NSW Planning and Environment, NSW Roads and Maritime Services and NSW Office of Environment and Heritage, who were all provided the opportunity to review and provide input during the preparation of draft Chapter 6.

Further consultation with landowners, the community, government agencies and stakeholders will be undertaken during the formal exhibition process.

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; Coffs Harbour Local Growth Management Strategy component documents; North Coast Regional Plan 2036; and MyCoffs Community Strategic Plan.

Implementation Date / Priority:

Should Council resolve to support public exhibition of draft Local Growth Management Strategy - Chapter 6 Large Lot Residential Lands and associated background paper, then this will take place for a minimum period of 28 days. A further report will be put to Council to provide feedback on any submissions received during the public exhibition process and to seek endorsement of the final Local Growth Management Strategy - Chapter 6 Large Lot Residential Lands. Endorsement of Chapter 6 by NSW Planning and Environment would then be required prior to the implementation of any of the actions.

Conclusion:

This report presents draft Coffs Harbour Local Growth Management Strategy – Chapter 6 Large Lot Residential Lands (Attachment 1) and the associated Large Lot Residential Background Paper (Attachment 2) for public exhibition. It is important at this stage of the process that large lot residential issues are considered and discussed with the community and stakeholders and thoroughly understood by Council prior to the adoption of a final Chapter 6, to sit within the updated Coffs Harbour Local Growth Management Strategy. The results of the public exhibition will be reported back to Council.

 


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


SC19/12       Planning Proposal: North Boambee Valley (West) Residential Investigation Area - Post Exhibition

Author:                        Planner / Urban Designer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC19/12   Planning Proposal PP_2017_COFFS_003_00 North Boambee Valley (West) Residential Investigation Area (Version 3 Post Exhibition)

ATT2  SC19/12   Coffs Harbour Development Control Plan 2015 - Amendment No 3

ATT3  SC19/12   North Boambee Valley (West) Developer Contributions Plan

ATT4  SC19/12   Gateway Determination PP_2017_COFFS_003_00

ATT5  SC19/12   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.

ATT6  SC19/12   Government Agency Submissions  

 

Executive Summary

At its Ordinary Meeting of 24 August 2017, Council resolved to support a Planning Proposal (PP_2017_COFFS_003_00) for residential land within the northern section of the broader North Boambee Valley (West) urban investigation area.

At that meeting, Council resolved to publicly exhibit associated changes to its draft Development Control Plan and draft Developer Contributions Plan for the urban investigation area. In principle endorsement was also given by Council at this meeting to forward fund a detention basin within the urban investigation area to alleviate flood hazard, subject to further analysis and reporting to Council.

Public exhibition of the Planning Proposal, draft Development Control Plan - Amendment No. 3 and draft Developer Contributions Plan took place between 18 October 2017 and 17 November 2017.

The purpose of this report is to inform Council of the outcome of the public exhibition process and to seek endorsement of a final Planning Proposal (Attachment 1); Coffs Harbour Development Control Plan 2015 – Amendment No. 3 (Attachment 2); and North Boambee Valley (West) Developer Contributions Plan (Attachment 3). This report also seeks Council’s endorsement to forward fund infrastructure works to facilitate orderly development of the urban investigation area.

 

Recommendation:

That Council:

1.   Endorse Planning Proposal PP_2017_COFFS_003_00 North Boambee Valley (West) Residential Investigation Area – V3 Post Exhibition – March 2019 (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 Coffs Harbour Development Control Plan 2015 - Amendment No. 3 (Attachment 2), which will come into effect when the corresponding changes to Coffs Harbour Local Environmental Plan 2013 are made.

5.   Endorse the North Boambee Valley (West) Release Area Developer Contributions Plan 2019 (Attachment 3), which will come into effect when the corresponding changes to Coffs Harbour Local Environmental Plan 2013 are made.

6.   Endorse the forward funding of certain infrastructure (detention basin and highway intersection roadworks) to service the needs of the North Boambee Valley (West) Residential Investigation Area.

7.   Inform all parties who made submissions, as well as landowners in the North Boambee Valley (West) Residential Investigation Area of Council’s decision.

8.   Consider a further report on the remaining land within the North Boambee Valley (West) Residential Investigation Area as part of the Employment Lands Review.

 

Report

Description of Item:

At its Ordinary Meeting of 24 August 2017, Council considered a Planning Proposal for residential land within the northern section of the broader North Boambee Valley (West) urban investigation area, which replaced an earlier Planning Proposal for the broader North Boambee Valley (West) urban investigation area (proposed industrial land). At that meeting it was resolved that Council:

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

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

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

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

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

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

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

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

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

This current report addresses resolutions 1-7. The planning strategy for the remainder of the North Boambee Valley (West) urban investigation area (proposed industrial land) will be determined by the Employment Lands Review being undertaken as part of Council’s comprehensive review of its Local Growth Management Strategy. This matter will be reported to Council separately at the completion of that process, so as to satisfy resolution 8.

A Gateway Determination for the revised Planning Proposal was issued by NSW Planning and Environment on 25 September 2017, and timeframe extensions have been granted (Attachment 4). Public exhibition of the revised Planning Proposal, draft Development Control Plan - Amendment No. 3 and draft Developer Contributions Plan took place between 18 October 2017 and 17 November 2017. A number of submissions were received during the exhibition process and it has taken time to resolve matters raised in submissions to the satisfaction of Government agencies.

The purpose of this report is to inform Council of the outcome of the public exhibition process and to seek endorsement of a final Planning Proposal (Attachment 1); Coffs Harbour Development Control Plan 2015 – Amendment No. 3 (Attachment 2); and North Boambee Valley (West) Developer Contributions Plan (Attachment 3). This report also seeks Council’s endorsement to forward fund infrastructure works to facilitate orderly development of the urban investigation area.

Issues:

-    Infrastructure Requiring Forward Funding from Council

Detention Basin

Flood mitigation works are critical to enable residential development within the North Boambee Valley (West) urban investigation area. The Planning Proposal is therefore reliant on the provision of a detention basin and filling of flood prone land.

The cost of the detention basin is estimated at $2,351,141 with further costings outlined in the North Boambee Valley (West) Developer Contributions Plan (Attachment 3). The costs associated with the design, construction and land acquisition for the detention basin are based on a flood study prepared for the urban investigation (de Groot & Benson Pty Ltd 2014) and more recent comparisons drawn from the West Coffs detention basin project.

Forward funding of the detention basin is required to facilitate orderly development within the urban investigation area. Funding could be sourced from either the Flood Mitigation Reserve or via external funding, however, this second option may result in approximately $1,430,000 of interest borrowings over the term. Should the Planning Proposal be endorsed, further detailed investigation would be undertaken to confirm the precise on-ground location and performance requirements for the design and construction of the basin.

Road Works

Chapter G8A North Boambee Valley (West) of Coffs Harbour Development Control Plan 2015 – Amendment No. 3 (Attachment 2) includes a requirement for the timely upgrade of the intersection at North Boambee Road and Pacific Highway. The upgrade involves line-marking on North Boambee Road to achieve two approach lanes from Mansbridge Drive to the highway intersection; changes to the operation of the traffic lights; and line-marking over the intersection to allow two lanes on North Boambee Road to turn right onto the existing highway. The costs of these works total $176,800 and are further outlined in the North Boambee Valley (West) Developer Contributions Plan (Attachment 3). Forward funding of these works is required to facilitate orderly development within the urban investigation area.

-    Environmental Zones

A review of submissions made to the Planning Proposal during public exhibition identified a need to further refine environmental zones within the urban investigation area. The revised land use zones within the Planning Proposal reflect high value vegetation such as koala habitat and riparian vegetation; and provide for environmental linkages across the landscape to address concerns raised by submissions. The methodology for this approach was discussed and agreed to with NSW Planning and Environment. The protection of riparian areas within environmental zones also aligns with the objects of the Water Management Act 2000

An E3 Environmental Management zone is also proposed to be introduced within the urban investigation area to provide land for both flood mitigation and environmental management purposes. The introduction of Zone E3 Environmental Management under Coffs Harbour Local Environmental Plan (LEP) 2013 also necessitates the amendment of other relevant clauses in the LEP. These matters are addressed in the Planning Proposal (Attachment 1).

It should also be noted that the proposed land use zones do allow for some rationalisation of existing land within Zone E2 Environmental Protection to create a better overall planning outcome, whilst still ensuring that core environmental areas are protected. The proposed land use zones have been applied in recognition of the Biodiversity Conservation Act 2016 to minimise issues at the subsequent Development Application stage.

-    Flood Hazard

Submissions made to the Planning Proposal question the merit and effectiveness of the proposed flood mitigation strategies. The Flood Study prepared to support the Planning Proposal (Appendix G of Attachment 1) recommends the construction of a detention basin prior to any filling work within existing flood prone land. The flood modelling undertaken in conjunction with the flood study predicts that a detention basin would offset adverse impacts due to filling. The flood study also recommends that compensatory floodways involving excavation of a wide (vegetated) channel in between the filled land and the creek lines are constructed adjacent to the filled land to locally offset the loss of floodway conveyance caused by the filling. It is considered that the proposed flood mitigation strategies adequately address flood hazard within the urban investigation area.

-    North Boambee Road

Submissions made to the Planning Proposal note that North Boambee Road is subject to flood hazard on a regular basis and suggest that the proposed Pacific Highway Bypass may exacerbate the problem including the provision of emergency access. The Planning Proposal has addressed this issue by ensuring that Council’s local planning controls are amended to include a requirement for the upgrading of North Boambee Road to provide flood free access. Council has also made a submission to NSW Roads and Maritime Services in relation to the proposed Pacific Highway bypass route, requesting that the bypass concept design does not restrict any potential upgrades to North Boambee Road; and to consider providing direct emergency access to the proposed highway bypass.

Submissions to the Planning Proposal raise an issue with the creation of new access/driveways off North Boambee Road. The upgrading of North Boambee Road (as required by amendments to Council’s Development Control Plan) will result in a speed environment which is suitable for driveway access. An issue was also raised by submissions to the Planning Proposal in relation to an existing right of carriageway which has access off North Boambee Road and the potential for this access to be impacted by future development. This right of carriageway is outside the urban investigation area and therefore will not be impacted by future development, as this is to be serviced by a public road network.

-    Increased Traffic Volumes

The capacity of North Boambee Road and the intersection of this road with the existing Pacific Highway to cater for an increase in traffic as a result of the Planning Proposal was raised as an issue by both public submissions and by the NSW Roads and Maritime Services.

Traffic modelling undertaken for the Planning Proposal has been assessed by Council in consultation with the NSW Roads and Maritime Services. The modelling recommends upgrades to the North Boambee Road approach to the Pacific Highway intersection. This upgrade work is captured in Coffs Harbour Development Control Plan – Amendment No. 3 (Attachment 2) and North Boambee Valley (West) Developer Contributions Plan 2019 (Attachment 3).

Council and the NSW Roads and Maritime Services have both determined that the Coffs Harbour Pacific Highway bypass will reduce traffic on the existing highway to a sufficient extent that will provide for satisfactory intersection performance of the North Boambee Road/Pacific Highway intersection. In this regard, traffic volumes resulting from the urban release area have been adequately addressed by the Planning Proposal.

-    Road Traffic Noise

Road traffic noise modelling of the release area, of both pre- and post-Pacific Highway deviation scenarios was prepared to support the Planning Proposal (Appendix D of Attachment 1). This assessment noted that special construction methods would be required adjacent to the highway bypass corridor to reduce internal traffic noise levels to below recommended values. Coffs Harbour Development Control Plan 2015 currently includes a requirement to address this matter at the subdivision stage.

-    Removal of Public Recreation Zone

The proposed land use zones within the urban investigation area replace an existing Zone RE2 Private Recreation with Zone RE1 Public Recreation and Zone E2 Environmental Conservation to accord with Council’s Open Space Strategy and the environmental constraints of the land.

-    Lot Yield

The potential lot yield for the urban release area has been revised from 820 lots to 938 lots in response to submissions made to the Planning Proposal during the public exhibition process.

Options:

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

1.   Resolve to adopt the recommendation of this report.

2.   Resolve to undertake an alternative approach.

3.   Resolve not to adopt the recommendation of this report.

Option 1 is recommended as the suitable course of action.

Sustainability Assessment:

•     Environment

Key environmental impacts in relation to biodiversity, flood hazard, traffic and road noise, bushfire risk, contaminated land, acid sulfate soils, geotechnical matters, visual amenity, archaeology, and Aboriginal heritage are satisfactorily addressed in the Planning Proposal (Attachment 1).

•     Social

Social sustainability issues are addressed in the Planning Proposal (Attachment 1). The provision of additional affordable residential land close to the Coffs Harbour City Centre will result in positive social impacts within the Local Government Area.

•     Civic Leadership

The Planning Proposal supports the vision of the MyCoffs (Community Strategic Plan) in that we are ‘connected, sustainable, thriving’. The Planning Proposal will assist in achieving the objectives of the Plan by: attracting people to work, live and visit in the Coffs Harbour Local Government Area; creating liveable spaces that are beautiful and appealing; and undertaking development that is environmentally, socially and economically responsible.

•     Economic – Broader Economic Implications

Forward funding infrastructure works to service the urban release area is a significant investment for Council. However, it is anticipated that all costs will be recovered through developer contributions over time.

The viability of the remainder of the North Boambee Valley (West) urban investigation area (proposed industrial land) will be determined by the Employment Lands Review being undertaken as part of Council’s comprehensive review of its Local Growth Management strategy. This matter will be reported to Council separately.

•     Economic - Delivery Program/Operational Plan Implications

Forward funding infrastructure works to service the urban release area could impact Council’s Operational Plan and Delivery Program. Funding could be sourced from the Flood Mitigation Reserve (balance as at 30 June 2018 of approximately $4,600,000); or via external funding which could result in approximately $1,430,000 of interest borrowings over the term. As discussed elsewhere, it is anticipated that all costs will be recovered through developer contributions over time.

Risk Analysis:

North Boambee Valley (West) is one of the few remaining significant urban release areas within Council’s Local Growth Management Strategy. For development to commence in a timely manner, forward funding is required for major infrastructure, as discussed earlier in this report. This is a financial risk to Council due to the uncertain timing of development taking place, however, the construction of the detention basin is required before development can take place on flood affected land. The detention basin may also reduce flood affectation further downstream of the urban release area.

Consultation:

Public exhibition of the Planning Proposal was undertaken from 18 October to 17 November 2017. Four public submissions were received (Attachment 5) and six government / stakeholder submissions were received (Attachment 6).  The issues raised by submissions are summarised in the issues section of this report and have been addressed in the Planning Proposal (Attachment 1), Development Control Plan Amendment - No. 3 (Attachment 2) and Developer Contributions Plan (Attachment 3).

Related Policy, Precedents and / or Statutory Requirements:

The Planning Proposal has been prepared in accordance with the Environmental Planning and Assessment Act 1979 and Regulation 2000. A number of other relevant policies and statutory documents have been considered in the preparation of the Planning Proposal.

Implementation Date / Priority:

Following endorsement from Council of the Planning Proposal, amendments to Council’s local planning controls will occur upon the making of the Local Environmental Plan.

Conclusion:

The North Boambee Valley (West) Planning Proposal accords with Council’s Local Growth Management Strategy 2008 and is one of the few remaining significant residential urban release areas within the Local Government Area. The Planning Proposal will facilitate affordable housing opportunities in close proximity to the Coffs Harbour City Centre, whilst protecting areas of high environmental value and providing public open space for the community. Sufficient planning merit for the urban release area is provided within the Planning Proposal provided as Attachment 1 to this report.

 


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator

 


SI19/07         Amendment to Alcohol Free Zone in Park Lane Coffs Harbour

Author:                        Works Program Co-ordinator

Authoriser:                  Director Sustainable Infrastructure

MyCoffs:                      B.1 A thriving and sustainable local economy

Attachments:              Nil

 

Executive Summary

PlanetArt are proposing to hold a fundraising evening to support ‘art as therapy’ classes for children and young people with mental health issues at the PlanetArt Gallery, Park Lane behind 37a Little Street on Friday 5 April 2019 from 5pm to 11pm.

This is a ticketed event catering for approximately 60 guests. There will be a musician, a food table and guests will be served wine whilst standing in the lane. For the event to proceed an application for the road closure of Park Lane would need to be approved by Council.

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

 

Recommendation:

That Council, in accordance with Section 645 of the Local Government Act 1993, approve the temporary suspension of the Park Lane Alcohol Free Zone parallel to Park Lane and behind 37a Little Street, Coffs Harbour on 5 April 2019 from 5 – 11pm.

 

Report

Description of Item:

Temporary Suspension of Alcohol Free Zones

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

Issues:

Alcohol Free Zone Suspension

 

This is a charity event to be held in the PlanetArt Gallery in Park Lane for approximately 60 paid guests. The organisers have applied for Police and Traffic Management approvals for this event. The gallery has previously held regular exhibition openings without any reported incidents. Risk mitigation strategies have been discussed with the organisers, and would be implemented as part of an event risk management plan should the event proceed.

 

AFZ suspensions such as these allow Council and the business community considerable flexibility to stage events and festivals as part of a broader activation strategy for the city centre.

Options:

1.       Adopt the recommendations: this is deemed a low risk event with a limited number of guests, and will not impact on other CBD alcohol outlets. It will be seen favourably in the community as it is a charity event.

2.       Modify the recommendation to limit the suspension – for example to reduce the number of hours.

3.       Reject the recommendation; however, failure to allow flexibility within the Coffs Harbour CBD for managed activation events, may impact negatively on the CBD businesses. As it is also a charity event a refusal may be perceived negatively by the community.

Sustainability Assessment:

•     Environment

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

•     Social

There are minimal social concerns associated with amending the Park Lane alcohol free zone to allow the PlanetArt event to take place.  Police will be monitoring the event and have the powers to deal with any anti-social behaviour that may take place under the existing legislation. The organisers will undertake a risk assessment; they are aware of the nearby liquor outlet and some of the associated anti-social behaviour in this area but have undertaken similar events with no incidents. They intend to close Park Lane and the event is after hours so most adjacent businesses will be closed.

•     Civic Leadership

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

-     A thriving and sustainable local economy.

-     A community achieving its potential.

-     A vibrant and inclusive place.

•     Economic – Broader Economic Implications

Temporarily suspending the AFZ for specific events and establishing regular hospitality events provides an economic benefit for the region. The event provides entertainment for locals and raises money for a worthy cause.

•      Economic - Delivery Program/Operational Plan Implications

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

Risk Analysis

Temporary Suspension of AFZ’s

The event organiser will complete a risk assessment. Council staff have discussed a range of measures which can be taken to mitigate risks. Staff serving wine will have a responsible service of alcohol certificate.

Consultation:

Internal consultation has been completed.  Externally, the event organisers will liaise with the Coffs Clarence Police Local Area Command, Ambulance and local businesses.

Related Policy, Precedents and / or Statutory Requirements:

Alcohol Free Zones

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

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

Implementation Date / Priority:

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

Conclusion:

It is recommended, for Councillors’ consideration, that allowing a temporary suspension of the AFZ in Park Lane, Coffs Harbour for the PlanetArt fundraiser event will facilitate a worthy cause of assessed low risk.