Coffs Harbour City Council

03 April 2019

 

Ordinary Council Meeting

 

The above meeting will be held in the Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour on:

 

Thursday, 11 April 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

GM19/10         Model Codes - Code of Conduct and Code of Meeting Practice.... 3

Notices of Motion Business Services

NOM19/03      Expanding the Environmental Levy’s Major Strategic Program themes to include Environmental Health and Water Quality Testing.................................................................................................................................. 129

Directorate Reports - Sustainable Communities

SC19/13          PlaceScore Report 2019................................................................................ 130

SC19/14          Development Application No. 0456/18DA - Residential Subdivision, Lot 6 DP 252223 & Lot 6 DP 1140702, Pacific Highway, Moonee Beach...... 235

SC19/15          Development Application No. 0400/18DA - Subdivision (8 Lots), Lot 913 DP 1125679, 76A-76B Crossmaglen Road, Bonville................................ 280

SC19/16          Draft Ayrshire Park Boambee Masterplan.......................................... 314   


GM19/10      Model Codes - Code of Conduct and Code of Meeting Practice

Author:                        Governance Coordinator

Authoriser:                  Group Leader Governance

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

Attachments:              ATT1  GM19/10  Coffs Harbour City Council Model Code of Conduct Policy

ATT2  GM19/10  Coffs Harbour City Council Procedures for the Administration of the Model Code of Conduct

ATT3  GM19/10  Draft Coffs Harbour City Council Code of Meeting Practice  

 

Executive Summary

The Office of Local Government (OLG) have recently released model policies for the following:

 

·     Model Code of Conduct for Local Councils in NSW 2018 (Model Code of Conduct)

·     Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW 2018 (Model Conduct Procedures)

·     Model Code of Meeting Practice for Local Councils in NSW 2018 (Model Code of Meeting Practice)

 

The Local Government Act 1993 (the Act) requires that Council’s Draft Code of Meeting Practice (based of the model) be placed on public exhibition.  There is no requirement for Council’s Code of Conduct and Procedures to go on exhibition and Council can not alter the provisions within the Model Code and Procedures.

 

 

Recommendation:

That Council:

1.   Adopt the Code of Conduct Policy and Procedures for the Administration of the Code of Conduct, noting the provisions contained within the documents are to apply to Councillors, council staff, delegates of council, members of advisory committees and volunteers.

2.   Place the draft Code of Meeting Practice on public exhibition for at least 28 days and provide the community at least 42 days in which to comment on draft code in accordance with section 361 of the Local Government Act 1993.

2.1.    If nil submissions are received by 26 May 2019 (that being the conclusion of the exhibition and comment period) acknowledge that the advertised draft Code of Meeting Practice will be Council’s adopted Code of Meeting Practice, effective on and as from 26 May 2019; or

2.2.    Should submissions regarding the draft Code of Meeting Practice be received by 26 May 2019, a further report be prepared and submitted for Council’s consideration outlining the details of any submissions received.

 

 

Report

Description of Item:

The OLG produces and regularly reviews key documentation and policy advice for Councils.  The recent revision of the Model Code of Conduct, Model Code Procedures and drafting of a Model Code of Meeting Practice have been prescribed under the Local Government (General) Regulations 2005 (Regulations) This has triggered the requirement for Council to review and update our relevant policies and procedures to ensure we meet the requirements of the Act, Regulations and OLG expectations.

 

The following section lists each document and details its purpose:

 

Code of Conduct Policy

 

The attached Model Code of Conduct is made under s440 of the Act and Regulations.

 

Council’s Code of Conduct sets the minimum standards of conduct for council officials.  It is prescribed by Regulations to assist council officials to:

 

·     Understand and comply with the standards of conduct that are expected of them

·     Enable them to fulfil their statutory duty to act honestly and exercise a reasonable degree of care and diligence (s439)

·     Act in a way that enhances public confidence in local government.

 

s440 of the Act requires every council to adopt a Code of Conduct Policy that incorporates the provisions of the Model Code.

 

In addition, clause 8.28 has been included.  This clause was in the previously released OLG draft version (Sept 2018).  It remained open for Councils to adopt this provision.  Advice received from several members of Council’s conduct review panel has strongly recommended the use of this clause as it enhances the model code.

 

8.28   You must not use social media to post or share comments, photos, videos, electronic recordings or other information that:

 

a)   is offensive, humiliating, threatening or intimidating to other council officials or those that deal with the council

b)   contains content about the council that is misleading or deceptive

c)   divulges confidential council information

d)   breaches the privacy of other council officials or those that deal with council

e)   contains allegations of suspected breaches of this code or information about the consideration of a matter under the Procedures, or

f)    could be perceived to be an official comment on behalf of the council where you have not been authorised to make such comment.

 

Code of Conduct - Procedures for Administration of Model Code of Conduct

 

The Procedures for the Administration of the Code of Conduct reflect the Model Procedures as prescribed for the administration of the Model Code.

 

The Model Procedures are made under s440AA of the Act.  This requires every council to adopt Procedures for the Administration of their Code of Conduct.

 

 

Model Code of Meeting Practice

 

Council’s draft Code of Meeting Practice, attached to this report, reflects the Model Meeting Code made under s360 of the Act and prescribed under the Regulations.  Council’s draft Code of Meeting Practice will apply to all meetings of Council and committees of Council of which all the members are councillors.

 

The OLG’s Model Code of Meeting Practice web page can be found by clicking the following link:

OLG Code of Meeting Practice webpage

Issues:

The draft Model Code of Meeting Practice (attached to this report) has two elements (relevant to Council):

 

·     The mandatory provisions (indicated in black font) that reflect the existing meetings provisions of the Act and update and enhance the meetings provisions previously prescribed under the Regulation to reflect contemporary meetings practice by councils.

·     The non-mandatory provisions (indicated in red font) that cover areas of meetings practice that are common to most councils but where there may be a need for some variation in practice between councils based on local circumstances.  The non-mandatory provisions also operate to set a benchmark based on what OLG sees as being best practice for the relevant area of practice.

 

Council is required to adopt a code of meeting practice that incorporates the mandatory provisions of the Model Meeting Code of Practice and must not contain provisions that are inconsistent with these provisions.  Council may choose to incorporate the non-mandatory provisions of the Model Meeting Code and any other supplementary provisions adopted by the council. The Council’s Draft Meeting Code of Practice (attached) includes the non-mandatory and supplementary inclusions recommended for Coffs Harbour City Council. The non-mandatory provisions are regarded as ‘best practice’ by the OLG.

Options:

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

 

1.    Adopt the recommendation provided to Council.

2.    Amend the recommendation or one or more of the policies provided and then adopt, noting that any amendments cannot be inconsistent with the Model Codes prescribed under the Regulations.

Sustainability Assessment:

•     Environment

There are no environmental issues associated with this report.

•     Social

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

•     Civic Leadership

Policies are important for ensuring transparency and accountability in local government.  Their implementation enables Council to identify and respond to the community.  This is consistent with the MyCoffs Community Strategic Plan strategy D.1 Our leaders give us confidence in the future.

•     Economic – Broader Economic Implications

There are no broad economic impacts associated with the implementation of the recommendations.

•     Economic - Delivery Program/Operational Plan Implications

The ongoing development and review of Council policies are accommodated within Council’s budget structure.  This expenditure is monitored through Council’s monthly and quarterly budget reviews.

Risk Analysis:

There are no perceived risks in the adoption of the policies listed in this report.

Consultation:

Before adopting the Code of Meeting Practice, Council must give public notice of its draft, place it on exhibition for at least 28 days and provide the public have at least 42 days to make submissions in accordance with s361 of the Local Government Act 1993. 

 

Related Policy, Precedents and / or Statutory Requirements:

The following Chapter 14, Part 1, Division 1 (s439AA-440AAof the Local Government Act 1993

s361 of the Local Government Act 1993

s253 of the Local Government Act 1993

Implementation Date / Priority:

Immediate.

Conclusion:

That council adopt the Code of Conduct Policy and place the draft Code of Meeting Practice and draft Councillor Fees and Expenses Policy on public exhibition in accordance with s253 and s361 of the Local Government Act 1993.

 

 

 



 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 



 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 



 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

 


NOM19/03   Expanding the Environmental Levy’s Major Strategic Program themes to include Environmental Health and Water Quality Testing

Attachments:          Nil

 

Motion:

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

"The CHCC Environmental Levy's Major Strategic Project themes be expanded to include Environmental Health and Water Quality testing"

 

 

Rationale:

“In previous years, Council has funded a number of water quality testing projects via the Environmental Levy.  The projects which have been completed have provided vital data to understand impacts of activities such as Intensive Plant Agriculture are having on our waterways.  There are also a number of studies currently underway.  So far, these studies have been focused in just two systems, namely Bucca creek and the Hearne's Lake catchment.  There are a much larger number of creeks potentially impacted and testing and monitoring of these systems is also highly desirable.

 

Council recently participated in a study with NSW Health to examine pesticide residues in water tanks.  This sort of environmental health initiative is also worthy of expanding.  There appears to be a significant community appetite for this sort of information and testing results.

 

Projects in the minor or community-based Environmental Levy Grants are limited to $25,000.  Allowing an allocation for Environmental Health and Water Quality Testing in the Major Projects will allow potential projects to be not restricted to an upper limit of $25,000.  Having excellent quality data is a key component in addressing land use conflict arising from potential water and air quality issues.”

Staff Comment:

A review of the Environmental Levy Programs is due to be completed following the conclusion of the first year under the new Environmental Levy Policy.  This would be an appropriate time for the Council to consider this matter.

 

 

  


SC19/13       PlaceScore Report 2019

Author:                        Section Leader Local Planning

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC19/13   PLACESCORE Neighbourhood Community Insights Report - March 2019  

 

Executive Summary

PLACESCORE is a ‘place experience’ measurement tool that lets communities across Australia share what they most care about. Council has purchased a PLACESCORE assessment for the Local Government Area (LGA) to assist with preparing the vision for the Coffs Future Transport Strategy. This involved community engagement via online and face to face surveys between November 2018 and February 2019. A total of 2,075 responses were collected during the research.

The purpose of this report is to present the PLACESCORE Neighbourhood Community Insights Report – March 2019 (Attachment 1) for notation and use by Council. The 2019 PLACESCORE results will inform the preparation of the Coffs Future Transport Strategy. However, they also provide valuable information which can be used across Council in diagnosing problems, identifying priorities and measuring change in key places and precincts across the LGA.

 

Recommendation:

That Council note the PLACESCORE Neighbourhood Community Insights Report – March 2019 (Attachment 1).

 

Report

Description of Item:

At its Ordinary Meeting of 6 December 2018, Council considered a report in relation to the Coffs Future Transport Strategy and resolved:

That Council note the project scope detailed within this report for the preparation of the Coffs Future Transport Strategy.

Stage 1 of the project scope for the Coffs Future Transport Strategy is to develop a clear vision for the future of the LGA, with the assistance of the PLACESCORE tool. PLACESCORE is a ‘place experience’ measurement tool that lets communities across Australia share what they most care about. It gives communities a voice to shape the places they live, recreate and work. It is a survey tool that can be repeated in subsequent years at various intervals to establish a ‘place census’ to measure progress and change.

PLACESCORE consists of two tools – ‘Care Factor Surveys’ capturing what the community values; and ‘PX Assessments’ which capture place performance by allowing the community to rate their own neighbourhoods. The resultant PX place score (between 0 and 100) measures the community’s experience of their place. A high Care Factor and low PX score can be considered priorities, while those localities with both a high Care Factor and high PX can be celebrated.

The Coffs Harbour LGA 2019 PLACESCORE project involved community engagement via online and face to face surveys of the community between November 2018 and February 2019. A total of 2,075 responses were collected during the research. Results have been compiled into the PLACESCORE Neighbourhood Community Insights Report – March 2019 (Attachment 1).

Issues:

·    Key Findings

The report provides an executive summary of key findings for the whole of the LGA, and then interrogates various localities further (when sufficient responses were received for these localities). PX scores vary between 0 and 100. Scores above 70 are considered very good; scores between 50 and 70 are considered as having room for significant improvement; and scores less than 50 suggest that urgent investment is required.

The overall Coffs Harbour LGA achieved a PX of 65, indicating Coffs Harbour LGA is performing poorer than the NSW average of 72. Key strengths listed for the overall LGA are elements of the natural environment (natural features, views, vegetation etc); and locally owned and operated businesses. Liveability improvement priorities (those things identified that are important to the community but which are currently underperforming) are listed as quality of public space; access and safety of walking, cycling and/or public transport; walking/jogging/bike paths that connect housing to communal amenities (like shops and parks); the general condition of public open space (street trees, footpaths, parks); and protection of the natural environment.

Further analysis was also undertaken on localities (when sufficient responses were received to allow for this analysis). Sawtell (77) and Moonee Beach (72) achieved the top PX scores; and Toormina the bottom score (58). Scores for other neighbourhoods included Arrawarra and Mullaway (65); Boambee East (64); Coffs Harbour city (64); Coramba (68); Corindi Beach (67), Nana Glen (61); Sandy Beach (66); and Woolgoolga (67). Four localities within the Coffs Harbour city area were further broken down for analysis, being City Centre (62); Jetty (69); Park Beach (64); and West Coffs (64).

Further detailed analysis for these areas are provided in Attachment 1.

·    Use of the 2019 PLACESCORE Report

Council is committed to creating places where the community wants to live, connect and work. The 2019 PLACESCORE report provides detailed care factor and PX scores for the whole of the LGA and then more specifically for certain locations. A high Care Factor and low PX score can be considered priorities, while those with both a high Care Factor and high PX can be celebrated.

The 2019 PLACESCORE report provides valuable information to Council for diagnosing problems, identifying priorities and measuring change in key places and precincts across the LGA. If noted by Council, this will assist in the orderly and efficient use of Council resources. It can also be repeated in subsequent years at various intervals to measure progress and change in various localities within the LGA over time (such as every 3 years, or before and after major works have been completed in the public realm, such as the Jetty Foreshores redevelopment).

Options:

1.   Support the recommendations in this report and note the 2019 PLACESCORE results for use across Council; or

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

3.   Reject the recommendations.

This report recommends Option 1.

Sustainability Assessment:

•     Environment

The 2019 PLACESCORE results have identified that the community most highly values elements of the natural environment, the general condition of public open space and protection of the natural environment, landscaping and natural elements and quality of public space (Attachment 1, page 13).

•     Social

The 2019 PLACESCORE results have identified that the community most highly values the sense of personal and neighbourhood safety, locally owned and operated businesses, walking/jogging/bike paths that connect housing to amenities such as shops and parks, and access and safety of walking, cycling and/or public transport (Attachment 1, page 13).

•     Civic Leadership

Council is responsible for various matters which are outlined in the MyCoffs Community Strategic Plan 2017. The 2019 PLACESCORE results support the objectives of thriving, connected and sustainable contained within the MyCoffs document.

•     Economic – Broader Economic Implications

Council is committed to creating great places where the community wants to ‘live, play and work’. The 2019 PLACESCORE report provides valuable information for use across Council in diagnosing problems, identifying priorities and measuring change in key places and precincts across the LGA. This will assist in the orderly and efficient development of the city and promote investment and economic activity.

•     Economic - Delivery Program/Operational Plan Implications

The project has been commissioned to inform the vision of the draft Coffs Future Transport Study. As such, costs are included in Council’s Delivery Program and Operational Plan. Analysis of its findings will assist in orderly and efficient use and allocation of Council’s resources.

Risk Analysis:

There are no perceived risks from noting of the 2019 PLACESCORE results.

Consultation:

The 2019 PLACESCORE project involved community engagement via online and face to face surveys of the community between November 2018 and February 2019. A total of 2,075 responses were collected during the research.

Related Policy, Precedents and / or Statutory Requirements:

The project accords with Council’s MyCoffs Community Strategic Plan 2017. The work has been completed to inform the draft Coffs Future Transport Strategy and various chapters of the draft Coffs Harbour Local Growth Management Strategy, currently in preparation.

Implementation Date / Priority:

Following Council’s noting of the 2019 PLACESCORE results, these will be used to inform various bodies of work across Council.

Conclusion:

PLACESCORE is a ‘place experience’ measurement tool that lets communities across Australia share what they most care about. Council has purchased a PLACESCORE assessment for the Local Government Area (LGA) to assist with preparing the vision for the Coffs Future Transport Strategy.

The purpose of this report is to present the PLACESCORE Neighbourhood Community Insights Report – March 2019 (Attachment 1) for note and use by Council. The 2019 PLACESCORE results will inform the preparation of the Coffs Future Transport Strategy. However, they also provide valuable information which can be used across Council in diagnosing problems, identifying priorities and measuring change in key places and precincts across the LGA to assist in the orderly and efficient use of Council’s resources.

 


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


SC19/14       Development Application No. 0456/18DA - Residential Subdivision, Lot 6 DP 252223 & Lot 6 DP 1140702, Pacific Highway, Moonee Beach

Author:                        Development Assessment Coordinator

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC19/14   Development Application 0456/18DA - S4.15 Evaluation Report

ATT2  SC19/14   Development Application 0456/18DA - Plans

ATT3  SC19/14   Development Application 0456/18DA - Draft Conditions

ATT4  SC19/14   CONFIDENTIAL Development Application 0400/18DA - Submissions

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

 

Executive Summary

This report provides an assessment of Development Application 0456/18DA for a residential subdivision involving 30 residential lots, a public reserve and new roads at Lot 6, DP 252223 and Lot 6, DP 1140702, Pacific Highway, Moonee Beach.

At its meeting of 12 October 2017, Council adopted the ‘Development Applications - Consideration by Council Policy’, which outlined:

That development applications for approval involving substantial aspects of the following elements be referred to Council for determination:

-     Significant public interest and community input;

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

-     Significant land use; and

-     Major environmental issues.

Following public exhibition of the application Council received twenty-two (22) submissions. Accordingly, this matter is reported to Council for determination due to ‘significant public interest and community input’.

 

Recommendation:

That Council:

1.       Approve Development Application 0456/18DA for a Residential Subdivision at Lot 6, DP 252223 and Lot 6, DP 1140702, Pacific Highway, Moonee Beach subject to the conditions in Attachment 3.

2.       Advise persons who made a submission on Development Application 0456/18DA of Council’s decision.

 

REPORT:

Description of Item:

·     The Site

The site is Lot 6, DP 252223 and Lot 6, DP 1140702, Pacific Highway, Moonee Beach.  The Pacific Highway is located to the west of the site.  Moonee Creek is located to the east. Cunninghams Creek runs through both lots from the western property boundary to the east at Moonee Creek.  There is existing residential development to the south of the site and undeveloped land to the north. The combined area of the two land parcels is approximately 19.3 hectares.  The site is largely vegetated with some cleared areas.

While Development Application 0456/18DA has been made over both Lot 6, DP 252223 and Lot 6, DP 1140702, the majority of development will be occurring on Lot 6, DP1140702.

 

·     The Development

The proposed development consists of an initial consolidation and reconfiguration of the parent lots.  The application has described this initial development component as a ‘management’ subdivision that will simplify the subsequent development of the resulting land parcel (Proposed Lot 101).  The common boundary for this initial subdivision, creating two larger development parcels, is Cunninghams Creek.  Given that physical access across the creek is limited by tidal movements and stream flows, it is appropriate to reconfigure the land according to the creek alignment.

The subsequent subdivision of Lot 101, consists of 30 torrens title residential lots.  Lots 2 to 29 in the subdivision vary in area from 520m2 to 840 m2.  Lot 30 is 2,640m2 in area.  Lot 1 is 2 hectares in area and includes significant areas of retained vegetation.  A watercourse also runs through this lot.  A public reserve is proposed, predominantly located on the north eastern side of the proposed extension to Moonee Creek Drive.  Access to the subdivision will be gained via an extension to Moonee Creek Drive as a collector road. The collector road (which runs through the development site and through adjoining sites to the north) is approved under an existing development consent (Development Consent 1132/10DA).

Works required for the subdivision to be carried out include vegetation removal, earthworks (importation of fill), road construction, and provision and extension of infrastructure services including sewerage, water supply, storm water infrastructure, electricity and telecommunications. 

Issues:

The main assessment issues for the proposed development are;

-     Vegetation removal and potential impacts on the natural environment;

-     Subdivision design;

-     Road access for the subdivision.

Options:

1.   Adopt the recommendation thereby granting approval to the application, subject to conditions.

2.   Refuse the application and list reasons for refusal.

Sustainability Assessment:

•     Environment

A complete assessment of potential environmental impacts is provided in the Section 4.15 Evaluation Report as Attachment 1 to this report.

•     Social

A complete assessment of potential social impacts is provided in the Section 4.15 Evaluation Report as Attachment 1 to this report.

•     Civic Leadership

-     myCoffs Community Strategic Plan

The proposed residential subdivision including a reserve and new roads is considered to be consistent with the ‘myCoffs Community Strategic Plan’ particularly the ‘A Place for Community’ theme, which requires amongst other things that development occur in a way that is environmentally, socially and economically responsible.

•     Economic – Broader Economic Implications

The proposed development is not expected to result in any significant broader economic implications.

•     Economic - Delivery Program/Operational Plan Implications

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

Risk Analysis:

A risk analysis has been undertaken and it is considered that approval of the development application as recommended, does not pose a significant risk to Council.

Consultation:

The development was advertised and notified in accordance with the requirements of the Coffs Harbour Development Control Plan 2015 for a period of 30 days and 19 submissions were received. Following the receipt of information, which amended the application, the development was re-advertised and notified for a further period of 30 days and three submissions were received.

A full copy of all of the submissions is a confidential attachment to this report (Attachment 4) as the submissions may contain personal or private information or other considerations against disclosure as prescribed under the Government Information (Public Access) Act 2009.

Related Policy, Precedents and / or Statutory Requirements:

·    Section 4.15 – Evaluation of the Environmental Planning and Assessment Act 1979

The matters, which can be considered in the assessment of a development application, are limited to those specified in Section 4.15 of the Environmental Planning and Assessment 1979.

A Section 4.15 Evaluation is provided as Attachment 1.

·    Savings Provisions

This development application was lodged with Council prior to the full commencement of the following legislation, environmental planning instruments and development control plan:

-     Biodiversity Conservation Act 2016 (NSW)

-     Coffs Harbour Local Environmental Plan 2013

-     State Environmental Planning Policy (Coastal Management) 2018

-     Coffs Harbour Development Control Plan 2015

Part 7 of the Biodiversity Conservation Act 2016 (NSW) commenced for the Coffs Harbour Local Government area on 24 November 2018.  Relevant provisions of the Biodiversity Conservation (Savings and Transitional) Regulation 2017 (NSW) mean that former planning provisions apply and this development application must be evaluated as if Part 7 of the Biodiversity Conservation Act 2016 (NSW) had not commenced. 

For this site, Coffs Harbour Local Environmental Plan 2013 and Coffs Harbour Development Control Plan 2015, commenced on 27 July 2018.  State Environmental Planning Policy (Coastal Management) 2018 commenced on 3 April 2018.  Savings provisions of both Coffs Harbour Local Environmental Plan 2013 and State Environmental Planning Policy (Coastal Management) 2018 mean that this development application must be evaluated against the planning instruments that were in force at the time of lodgement. 

The Section 4.15 Evaluation provided as Attachment 3 evaluates the application by applying these savings provisions.

For this development application that means Coffs Harbour Local Environmental Plan 2000 (rather than Coffs Harbour Local Environmental Plan 2013) and State Environmental Planning Policy 71 – Coastal Protection (rather than State Environmental Planning Policy (Coastal Management) 2018) must be considered.  Similarly, the development control plans that must be evaluated are those that were in force at the time of lodgement.  For this development application that means the Moonee Development Control Plan 2004 and the Subdivision Development Control Plan 2000 (rather than Coffs Harbour Development Control Plan 2015).  The evaluation provisions of the Environmental Planning and Assessment Act require consideration of any proposed planning instrument.

·    Other Relevant Statutory Instruments

Other statutory instruments relevant to the assessment of the proposed development include the following:

-     Environmental Planning and Assessment Regulation 2000

-     Coffs Harbour Local Environmental Plan 2000

-     Coffs Harbour Local Environmental Plan 2013

-     State Environmental Planning Policy 55 - Remediation of Land

-     State Environmental Planning Policy 71 - Coastal Protection

-     State Environmental Planning Policy (Coastal Management) 2018

-     State Environmental Planning Policy (Infrastructure) 2007

-     Moonee Development Control Plan 2004

-     Subdivision Development Control Plan 2000

Each of these statutory instruments is considered in detail in the Section 4.15 Evaluation appended to this report as Attachment 1.

Implementation Date / Priority:

In the event that Council adopts the recommendation, a formal notice of determination will be issued for the development application and persons who made a submission will be notified. A formal notice of determination is valid for five years and the applicant can act on the development consent at any time within that period, subject to complying with relevant conditions of the consent.

Conclusion:

This report provides an assessment of the application that has been undertaken in accordance with all statutory requirements.  It is recommended that the application be determined by way of approval, subject to conditions.

 


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


SC19/15       Development Application No. 0400/18DA - Subdivision (8 Lots), Lot 913 DP 1125679, 76A-76B Crossmaglen Road, Bonville

Author:                        Development Assessment Officer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC19/15   Development Application 0400/18DA - S4.15 Evaluation Report

ATT2  SC19/15   Development Application 0400/18DA - Proposed Plans

ATT3  SC19/15   Development Application 0400/18DA - Draft Conditions

ATT4  SC19/15   CONFIDENTIAL Development Application 0400/18DA - Submissions During First Public Exhibition Period - Part 1

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.

ATT5  SC19/15   CONFIDENTIAL Development Application 0400/18DA - Submissions During First Public Exhibition Period - Part 2  

ATT6  SC19/15   CONFIDENTIAL Development Application 0400/18DA - Submissions During Second Public Exhibition Period  

ATT7  SC19/15   CONFIDENTIAL Development Application 0400/18DA - Submissions During Third Public Exhibition Period   

 

Executive Summary

This report provides an assessment of Development Application 0400/18DA for an eight (8) lot large lot residential subdivision at Lot 913, DP 1125679, 76A-76B Crossmaglen Road, Bonville.

The development application received significant public interest and community input.

Accordingly, this matter is reported to Council for determination in accordance with Council’s ‘Development Applications – Consideration by Council Policy’, adopted on 12 October, 2017. 

 

Recommendation:

That Council:

1.       Approve Development Application 0400/18DA for an eight (8) lot rural residential subdivision at Lot 913 DP 1125679, 76A-76B Crossmaglen Road, Bonville subject to the conditions provided in Attachment 2.

2.       Advise persons who made a submission on Development Application 0400/18DA of Council’s decision.

 

REPORT:

Description of Item:

The site is identified as Lot 913 DP 1125679, 76A-76B Crossmaglen Road, Bonville. The site is zoned R5 Large Lot Residential and E2 Environmental Conservation pursuant to Coffs Harbour Local Environmental Plan 2013. The site can be accessed from both Crossmaglen Road and Braford Drive. 

The development comprises subdivision (8 lots) for large lot residential purposes. It involves constructing a new public road via Crossmaglen Road. The new road will be a cul-de-sac and will be linked by a new fire trail, connecting with the Bakker Drive Reserve. Four lots will have vehicle access via the new public road onto Crossmaglen Road. One lot will have vehicle access onto Braford Drive. The remaining three lots will have access via another new public cul-de-sac road which will link to a new road under construction on the adjoining property to the west. The adjoining property to the west has vehicle access onto North Bonville Road, via the new public road under construction. 

The development application has been amended a number of times during the assessment process.  The amended subdivision design partly addresses concerns raised with the development.  The amendments to the application and the submissions received are addressed in the submissions section of the S4.15 evaluation appended to this report (Attachment 1).

http://vsvrcortex/Geocortex/Essentials/Internal_Prod/REST/TempFiles/Export.png?guid=bc92f524-cbf7-4509-bc59-fbef32c7c231&contentType=image%2Fpng

Issues:

At its meeting of 12 October 2017, Council adopted a Development Applications - Consideration by Council Policy which outlined:

That development applications for approval involving substantial aspects of the following elements be referred to Council for determination:

-     Significant public interest and community input;

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

-     Significant land use;

-     Major environmental issue(s).

This application generated significant public interest and community input. The application was publicly advertised and notified to adjoining landowners on three occasions, between 30 November 2017 to 14 December 2017, then 7 June 2018 to 20 June 2018, then finally from 31 October 2018 to 28 November 2018. There were 44 submissions received during the first public exhibition period, 101 received in the second period and 32 received in the third period. All submissions were objecting to the development. The application was put on public exhibition three times due to a change to the subdivision layout in response to the issues raised in submissions.

Assessment of the relevant issues is detailed within Attachment 1 of this report.

Options:

1.   Adopt the recommendation thereby granting consent to the application, subject to conditions.

2.   Reject the recommendation and list reasons for refusal of the application.

Sustainability Assessment:

•     Environment

The proposed development is unlikely to result in any unacceptable environmental impacts. The proposed subdivision consolidates land zoned E2 Environmental Conservation. The applicant provided a Flora and Fauna Assessment with the development application detailing proposed tree removal (for the road/fire trail) and compensatory planting to address impacts on the natural environment. A condition of development requires preparation and implementation of a vegetation management plan.

•     Social

The proposed development will not result in any unacceptable adverse social impacts in the locality.

•     Civic Leadership

Council has a statutory role in assessment of development applications in accordance with the Environmental Planning and Assessment Act and Regulations. This report and the recommendation will assist Council in carrying out this role.

•     Economic – Broader Economic Implications

There are no broader economic implications resulting from the proposed development.

•     Economic - Delivery Program/Operational Plan Implications

There are no implications for Council’s Delivery Program / Operational Plan resulting from the proposal.

Risk Analysis:

It is considered that approval of the development application as recommended does not pose a significant risk to Council.

Consultation:

As stated above, the application was publicly advertised and notified to adjoining landowners on three occasions due to a change to the subdivision layout and issues raised in submissions. All submissions received objected to the development. A summary of the issues raised and how these issues are addressed is outlined in Attachment 1 of this report.

The NSW Rural Fire Service and the NSW Department of Primary Industries (now NSW Natural Resources Access Regulator) have both provided general terms of approval for the proposed development.

The NSW Office of Environment and Heritage and the Coffs Harbour Local Aboriginal Land Council were consulted for comment in relation to Aboriginal Cultural Heritage.  The Office of Environment and Heritage indicated that further consultation with the Coffs Harbour Local Aboriginal Land Council should be undertaken. The Coffs Harbour Local Aboriginal Land Council were subsequently consulted but provided no response. The applicant has provided a report addressing Aboriginal Heritage prepared by a suitably qualified person which concluded that the proposed development can proceed with no further investigation due to the site being highly disturbed. A condition has been included in the recommended conditions (attachment 2) to ensure that should any object of Aboriginal Cultural significance be found during ground disturbance works that NSW Office of Environment and Heritage and the Coffs Harbour Local Aboriginal Land Council be notified and the legislative process followed.

Related Policy, Precedents and / or Statutory Requirements:

·    North Coast Regional Plan

The North Coast Regional Plan is primarily an overarching strategic planning document which guides Councils in setting regional parameters for future strategic planning. While the strategy is a related policy document, it is important to note that the strategy does not incorporate any planning controls which would have any implications when considering the proposed development. The proposed development is permissible with development consent in the zone.

·    Statutory Planning Controls

The statutory instruments relevant to the development include the following:

-    State Environmental Planning Policy No. 55 – Remediation of Land;

-    Coffs Harbour Local Environmental Plan 2013

-    Coffs Harbour Development Control Plan 2015

Each of these statutory instruments is considered in detail within Attachment 1 of this report.

Implementation Date / Priority:

In the event that Council adopts the recommendation, a formal notice of determination will be issued for the development application. A formal notice of determination is valid for five years and the applicant can act on the development consent at any time within that period, subject to meeting any relevant conditions of the consent.

Conclusion:

A comprehensive assessment of the application has been undertaken in accordance with all statutory requirements and it is recommended that the application be approved subject to a number of conditions.

 


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


SC19/16       Draft Ayrshire Park Boambee Masterplan

Author:                        Community Venues Specialist

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC19/16   Draft Ayrshire Park Boambee Masterplan  

 

Executive Summary

Ayrshire Park is located at the corner of Ayrshire Park Drive and Middle Boambee Road at Boambee, approximately 10 kilometres southwest of the Coffs Harbour city centre.

The park was created in the early 1980s following the donation of the land by the Hull-Moody family to Coffs Harbour City Council. The park has been developed and managed by the Ayrshire Park Section 355 Facility Management Committee.

A Draft Ayrshire Park Boambee Masterplan has been prepared to guide future improvements to the park with the aim to enhance utilisation and optimise its overall recreational, environment and visual attributes. The Draft Ayrshire Park Boambee Masterplan is conceptual only and does not provide detailed design. The purpose of this report is to seek Council approval to place the Draft Ayrshire Park Boambee Masterplan on public exhibition for a period of 42 days for broader community comment.

 

Recommendation:

That Council:

1.       Endorse and publicly exhibit the Draft Ayrshire Park Boambee Masterplan (Attachment 1) for a minimum period of 42 days.

2.       Consider a further report outlining the outcomes of the public exhibition period.

 

Report

Description of Item:

Ayrshire Park is currently under the care, control and management of the Ayrshire Park Section 355 Facility Management Committee and falls within the Coffs Harbour City Council Sportsground Plan of Management dated October 1996 (amended June 2004). The Draft Ayrshire Park Boambee Masterplan (the Draft Masterplan) would be supplementary to the Sportsground Plan of Management and is aligned to the recommendations outlined in the Open Space Strategy 2010 and Sports Facility Plan 2016. The Draft Masterplan highlights ‘the park is an important focal point within the Middle Boambee community offering a venue for organised sport, low key passive recreation and leisure. The most prominent and active stakeholder is the Boambee Football Club which has adopted the park as its home ground. The club uses the park through the competition football season which generally occurs between March and September….Other than soccer; the park is largely used as a quiet, low key destination for informal recreation and leisure by the local community.’

The Draft Masterplan aims to provide concept development direction for the park to guide future improvements to enhance utilisation and optimise its overall recreational, environment and visual attributes.

Issues:

The Draft Masterplan aims to meet the mission statement of the park; to provide a quality recreation and sporting venue for the Boambee community and its visitors.

The Draft Masterplan recognises the existing values and deficiencies of the park and assesses the significance and challenges. Initial feedback from the stakeholders with regard to issues, ideas and preferences have been considered. 

The Draft Masterplan provides a framework for future development of the park and allows for orderly and appropriate development.  It will also assist Council and the Ayrshire Park s355 Facility Management Committee to seek funding opportunities for the park as it sets out a clear path of concept development. 

Stakeholders have been involved through various consultation activities to inform the development of the Draft Masterplan.  Through the proposed exhibition period the broader community and stakeholders will have further opportunity to comment.   As part of the exhibition period it is proposed that the Ayrshire Park Section 355 Facility Management Committee will host a community consultation event onsite at Ayrshire Park.

Options:

The analysis indicates that there are two options open to Council examined below, with Option 1 forming the basis of the recommendation to Council as this option is responsive to community and stakeholder expectation.

Option 1:    Adopt the recommendation of this report and approve the public exhibition of the Draft Ayrshire Park Boambee Masterplan.

Option 2:    Resolve to not endorse the recommendation to place the Draft Masterplan on exhibition.

Sustainability Assessment:

•     Environment

The Draft Masterplan recommends a number of measures that could be undertaken to improve environmental outcomes within the park including the restoration of the riparian corridor along the Boambee Creek section of the park.

•     Social

The Draft Masterplan recognises the significant social value the park holds for the local Boambee community and is proposing a range of measures to enhance these values. Proposed improvement works will increase opportunities for the Boambee neighbourhood to develop an increased sense of identity through providing additional uses for the park fostering a people-friendly and liveable environment.

•     Civic Leadership

The Draft Masterplan works towards achieving the following objectives within the MyCoffs Community Strategic Plan:

-     We foster a sense of community, belonging, and diversity (A1.2)

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

-     We cultivate a safe community (A2.4)

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

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

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

-     We undertake effective engagement and are informed (D2.1)

•     Economic – Broader Economic Implications

The Draft Masterplan has no broader economic implications.

•     Economic - Delivery Program/Operational Plan Implications

The Draft Masterplan has no immediate delivery program/operational plan implications.

The Draft Masterplan outlines a number of capital improvements that will need to be considered against Coffs Harbour City Council wide funding priorities within future delivery programs.

Risk Analysis:

There are no perceived risks from the advancement of the Draft Masterplan.

Consultation:

Consultation has been undertaken with relevant Coffs Harbour City Council staff, the Ayrshire Park Section 355 Facility Management Committee and the Boambee Football Club. The Draft Masterplan details the results from the stakeholder consultation activities, and these have been incorporated where relevant and/or practicable.

Related Policy, Precedents and / or Statutory Requirements:

-     MyCoffs Community Strategic Plan

-     Coffs Harbour City Council Sportsground Plan of Management

-     Coffs Harbour Sports Facility Plan 2016

-     Open Space Strategy 2010

Implementation Date / Priority:

Following Council’s endorsement the Draft Ayrshire Park Boambee Masterplan will be put on public exhibition 42 days.

Conclusion:

This report recommends that Council places the Draft Ayrshire Park Boambee Masterplan on public exhibition. 

It is considered that exhibition of the Draft Masterplan is the appropriate mechanism to provide an opportunity for input from the broader community.

Following the public exhibition period consideration will be given to all public submissions received and a report will be prepared for Council for final adoption of the Ayrshire Park Boambee Masterplan.

 


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator