Ordinary Council Meeting Minutes                                             12 September 2019

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MINUTES

coffs harbour CITY cOUNCIL
Ordinary Council Meeting
Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour
ON Thursday, 12 September 2019 AT 5.00pm

 

PRESENT:              Cr Denise Knight, Cr Michael Adendorff, Cr Paul Amos, Cr John Arkan, Cr George Cecato, Cr Keith Rhoades, Cr Tegan Swan, Cr Sally Townley

STAFF:                    General Manager, Director Sustainable Infrastructure, Director Sustainable Communities, Director Business Services and Executive Assistant

Leave of Absence       Nil

Opening of Ordinary Meeting

The meeting commenced at 5.00pm with the Mayor, Cr Denise Knight in the chair.

Acknowledgement of Country

We respectfully acknowledge the traditional custodians of the land on which we meet, the Gumbaynggirr people, who have cared for this land since time immemorial. We pay our respects to their Elders, past, present and emerging, and commit ourselves to a future with reconciliation and renewal at its heart.

Statement in relation to Recording of Meetings

The Mayor reminded the Chamber that the meeting was to be recorded and live audio streamed, and that no other recordings of the meeting would be permitted.

 

The Mayor advised that it was announced today that Council will be hosting the Touch Football State of Origin (NSW v QLD) in June 2020 at C.ex Coffs International Stadium.

 

The Mayor also mentioned that our thoughts are with the communities, the fire fighters and the volunteers involved in the recent devastating fires.

 

Public forum

Time

Speaker

Item

5.00 pm

Nathan Brennan

For NOM19/10 – Kulai Preschool

5.05 pm

David Forge

Against SC19/39 - Development Application No. 0526/19 - Subdivision (3 Lots - Torrens Title) - Lot 497 and 498 DP 227298, 15 Pine Creek Crescent and Lot 22 DP 1070182, Ti-Tree Road, Sandy Beach

5.10 pm

Andrew Darroch

For SC19/39 - Development Application No. 0526/19 - Subdivision (3 Lots - Torrens Title) - Lot 497 and 498 DP 227298, 15 Pine Creek Crescent and Lot 22 DP 1070182, Ti-Tree Road, Sandy Beach

 

Disclosure of Interest

Councillor

Items

Type of Interest

Cr George Cecato

SC19/39 Development Application No. 0526/19 - Subdivision (3 Lots - Torrens Title) - Lot 497 and 498 DP 227298, 15 Pine Creek Crescent and Lot 22 DP 1070182, Ti-Tree Road, Sandy Beach

Non-Pecuniary - Less Than Significant Conflict as he is a board member of Coffs Coast Regional Park, nominated by Council and appointed by the Minister.

Cr Michael Adendorff

BS19/43 Business Incentive Policy Review

Pecuniary interest as potential change of use of property.

Cr Denise Knight

SC19/41 Development Application No. 0419/19 - Multi-dwelling Housing (8 units) and Strata Subdivision, including demolition of existing dwelling, consolidation and re-subdivision of land into two lots - Lot 21, DP 20607, Lot 20, DP 20607 & Lot 1, Section 23, DP 19360, 2 Fourth Avenue, Sawtell

Non-Pecuniary - Significant Conflict due to relationships.

 

Apologies

No apologies.

 

LEAVE OF ABSENCE

No requests for leave of absence.

 

Confirmation of Minutes

2019/139

Resolved (Cr Paul Amos / Cr Sally Townley)

That the minutes of the Ordinary Meeting held on 25 July 2019 be confirmed.

The Motion on being put to the meeting was carried unanimously.

Carried

 

 

Motion

2019/140

Resolved (Cr Michael Adendorff / Cr Tegan Swan)

That the minutes of the Ordinary Meeting held on 22 August 2019 be confirmed.

The Motion on being put to the meeting was carried unanimously.

Carried

 

Notices of Motion – Business Services

 

NOM19/10      Kulai Preschool

2019/141

Resolved (Cr Paul Amos / Cr Sally Townley)

1.         That the land title of Kulai Preschool at 14-16 Myuna Place Coffs Harbour be offered to be transferred to Kulai Preschool at no cost, but with the future use of that property being restricted to that of an Early Childhood Learning facility only.

2.         That each party pays their costs regarding legal costings and stamp duty.

The Motion on being put to the meeting was carried unanimously.

Carried

 

Directorate Report - Sustainable Communities

 

SC19/39          Development Application No. 0526/19 - Subdivision (3 Lots - Torrens Title) - Lot 497 and 498 DP 227298, 15 Pine Creek Crescent and Lot 22 DP 1070182, Ti-Tree Road, Sandy Beach

 

Executive Summary

This report provides an assessment of Development Application No. 0526/19 for a three lot Torrens Title subdivision at Lot 497 and 498 DP 227298, 15 Pine Creek Crescent and Lot 22 DP 1070182, Ti-Tree Road, Sandy 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 21 submissions. Accordingly, this matter is reported to Council for determination due to ‘significant public interest and community input’.

 

SUPPLEMENTARY Motion (Cr John Arkan /)

That Council:

1.         Approve Development Application No. 0526/19 for a three lot Torrens Title subdivision at Lot 497 and 498 DP 227298, 15 Pine Creek Crescent and Lot 22 DP 1070182, Ti-Tree Road, Sandy Beach subject to the conditions in Attachment 3.

2.         Advise persons who made a submission on Development Application No. 0526/19 of Council’s decision.

The Motion lapsed in the absence of a seconder.

 

MOTION

2019/142

Resolved (Cr George Cecato / Cr Sally Townley)

That Council:

1.         Approve Development Application No. 0526/19 for a three lot Torrens Title subdivision at Lot 497 and 498 DP 227298, 15 Pine Creek Crescent and Lot 22 DP 1070182, Ti-Tree Road, Sandy Beach subject to the conditions in Attachment 3.

2.         That the applicant be advised that any future application for the residential subdivision of Lots 2 and 3 must include:

2.1.     Evidence of the proposed arrangements re dedication and the protection and management of Lot 1 to the Coffs Coast Regional Park for conservation purposes in perpetuity; and

2.2.     Such an arrangement must outline the proponents commitment to establish boundary fences and trails satisfactory to the needs of the Coffs Coast Regional Park prior to the amendment of existing reserve-specific fire, pest, weed and management plans. The funding should be sufficient to ensure actions within the amended plans relevant to the new additions are able to be completed.

3.         Advise persons who made a submission on Development Application No. 0526/19 of Council’s decision.

The Motion on being put to the meeting was carried unanimously.

Carried

 

 

Notices of Motion – General

 

NOM19/09      Council's Service Delivery

2019/143

Resolved (Cr Tegan Swan / Cr John Arkan)

"That Council:

1.         Investigate and implement improved reporting on council services, including, but not limited to the bi-annual customer satisfaction survey and the Integrated Planning & Reporting six monthly Delivery Program progress report.

2.         Investigate an organisational service delivery review program, including service levels and as part of this investigation:

i.    Undertake in-depth community consultation utilising multiple platforms to better understand agreed level of service with the community, including community willingness to pay for services and infrastructure;

ii.    Determine appropriate metrics to validate community expectations of infrastructure across the LGA.  Taking into account current place based planning and improved outcomes for community, over simple usage measurements.

3.         The actions above should be disseminated through various methods of communication and should promote transparency and accountability in the services and outcomes delivered by Council.  The Communication of the above points should:

·    Be easily accessible by the community and other stakeholders;

·    Be clear and easily digestible by the community and other stakeholders (using easy to understand language and terms); and

·    Provide timely updates on service delivery outcomes. "

The Motion on being put to the meeting was carried unanimously.

Carried

General Manager's Reports

 

GM19/21         Election of Deputy Mayor

 

Executive Summary

Coffs Harbour City Council’s custom and practice has been to elect a Deputy Mayor on an annual basis.  This report provides the opportunity for Council to continue its custom and practice, or consider changing it.

2019/144

Resolved (Cr Denise Knight / Cr Sally Townley)

That:

1.         Council resolve to elect a Deputy Mayor for the ensuing twelve (12) months, and in the event that Council resolves recommendation 1 in the affirmative.

2.         Nominations for the position of Deputy Mayor be called and the method of election be by ordinary ballot.

The Motion on being put to the meeting was carried unanimously.

Carried

The General Manager, as the Returning Officer in accordance with Schedule 7 of the Local Government (General) Regulation 2005, announced that there were 2 nominations for the position of Deputy Mayor, namely:

Cr Adendorff

Cr Swan

In accordance with Resolution 2019/144 above, an election was then held by way of Ordinary Ballot. As a result of the ballot conducted, Cr Adendorff received 4 votes and Cr Swan received 4 votes.  As there were an equal number of votes the Deputy Mayor was chosen by lot. The General Manager declared Cr Swan elected as the Deputy Mayor for the ensuring twelve (12) months.

 

 

 

Motion

2019/145

Resolved (Cr Denise Knight / Cr Sally Townley)

That the ballot papers be destroyed.

The Motion on being put to the meeting was carried unanimously.

Carried

 

 

 

GM19/22         Council Committees - Appointment of Members and Amendment to a Terms of Reference

 

Executive Summary

Nominations for Council Committee members and amended committee Terms of Reference (ToR) require approval of Council.  This report is seeking Council endorsement of committee nominations and amendment to the Destination Coffs Coast Committee ToR.

2019/146

Resolved (Cr Sally Townley / Cr Paul Amos)

That Council:

1.         Appoints Ms Rainey Goulet and Ms Karina Stephenson to the Eastern Dorrigo Community Hall Facility Management Committee.

2.         Adopt the amended Destination Coffs Coast Committee Terms of Reference.

3.         Call for nominations from Councillors for appointment to the councillor position on the Destination Coffs Coast Committee.

3.1.    Appoint Councillor Swan to the Destination Coffs Coast Committee.

The Motion on being put to the meeting was carried unanimously.

Carried

 

 

 

GM19/23         Design Team Procurement for Cultural & Civic Space Project

 

Executive Summary

This report regarding the Cultural & Civic Space Project addresses point 6 of Resolution 2019/114 dated 11 July 2019:  “Noting that a report will be provided to Council as soon as possible outlining the procurement steps to engage the design team going forward.”

In summary, the steps to procure the design team in accordance with NSW local government regulations are:

·     Identify groupings of consultancies for letting of contracts and establish associated statements of work and evaluation criteria.

·     Where possible, identify shortlists of suitably qualified and experienced consultants from established panel contracts such as those provided by NSW Local Government Procurement and BuyNSW ProcurePoint.

·     Issue requests for quotation and tender, evaluate submissions and make recommendations to Council’s delegated officers in accordance with Tender Acceptance Policy.

·     Execute contracts and commence work.

2019/147

Resolved (Cr Sally Townley / Cr George Cecato)

That Council note the report.

The Motion on being put to the meeting was carried unanimously.

Carried

 

 

Directorate Reports - Business Services

 

BS19/42          Certification of Draft 2018/19 Annual Financial Statements

 

Executive Summary

The draft Annual Financial Statements, which include the General Purpose Financial Statements, the Special Purpose Financial Statements and the Special Schedules, are required to be certified to meet legislative requirements in relation to the completion and audit of the Annual Financial Statements for 2018/2019.

 

Motion (Cr George Cecato / Cr Michael Adendorff)

That Council approve the General Purpose Financial Statements – Statement by Councillors and Management and Special Purpose Financial Statements – Statement by Councillors and Management forms for 2018/2019 for completion by the designated signatories.

 

Amendment

 

(Cr Paul Amos / Cr John Arkan)

That Council:

1.         Amend the draft financial statements to include in the year ended June 2019 financial statements, an amount for infrastructure backlog that is consistent with the formula previously used to determine this figure, and the resultant ratios, prior to 2014. That is, the asset register for each class is interrogated to determine the condition of the assets contained within the register. The condition 4 and condition 5 assets are filtered from the other assets. For these assets, an estimate on the cost to bring them up to a satisfactory standard, based on current replacement cost, is calculated.

2.         Approve the General Purpose Financial Statements – Statement by Councillors and Management and Special Purpose Financial Statements – Statement by Councillors and Management forms for 2018/2019 for completion by the designated signatories.

Cr Townley gave notice of a FORESHADOWED AMENDMENT.

The AMENDMENT was withdrawn.

The FORESHADOWED AMENDMENT was then brought forward and became an AMENDMENT.

 

Amendment

2019/148

Resolved (Cr Sally Townley / Cr Paul Amos)

1.         That Council approve the General Purpose Financial Statements – Statement by Councillors and Management and Special Purpose Financial Statements – Statement by Councillors and Management forms for 2018/2019 for completion by the designated signatories.

2.         Based on the 2013/2014 community consultations for the special rate variation and determined agreed level of service, prepare a report to be presented first Council meeting in December 2019 outlining the number of assets listed at condition 4 and 5 and the estimated cost to bring them up to satisfactory standard.

The AMENDMENT on being put to the meeting was CARRIED

For:         Crs Knight, Amos, Cecato, Rhoades, Swan and Townley

Against:  Crs Adendorff and Arkan

It then became the MOTION and on being put to the meeting was declared CARRIED.

For:         Crs Knight, Amos, Cecato, Rhoades, Swan and Townley

Against:  Crs Adendorff and Arkan

Carried

Cr Michael Adendorff declared an interest in the following item, vacated the chamber and took no part in the discussion or voting, the time being 7.09pm.

 

BS19/43          Business Incentive Policy Review

 

Executive Summary

At the Council meeting held on the 13 September 2018 the Business Incentive Policy was adopted by Council.  A detailed review has been undertaken and proposed amendments to the policy along with outcomes achieved after 12 months are being reported back to Council.

The Business Incentive Policy was implemented to provide a holistic approach to support business investment and reinvestment in the regional economy, when the investment may not otherwise occur.  It also encourages diversification and seeks to stimulate business development and growth across the Coffs Harbour Local Government Area (LGA).

Over recent years there has been a priority on activating the Coffs City Centre which provides many positive outcomes and benefits.  This is supported by the Coffs City Centre Masterplan and within the local business sector with the view to enhance business investment across the precinct.

Based on the uptake over the last year, it is evident that the implementation of the Business Incentive Policy has seen an increase in the size of commercial developments compared to previous financial years.

This report contains information to support the continuation of the Business Incentive Policy and addresses specific amendments to the policy in order to further support and stimulate small business within the Coffs Harbour LGA.

2019/149

Resolved (Cr Paul Amos / Cr George Cecato)

That Council:

1.         Endorse the revised draft Business Incentive Policy (attachment 1) including the below proposed amendments (1.1 and 1.2) to the policy for a further two-year period; and place it and the relevant draft Developer Contribution Plans (attachment 2-6) on public exhibition for a period of 28 days seeking submissions.

1.1      Extend the provisions under the Small Business Enterprise Incentive to include an exemption or concession to water and sewer contributions for commercial change of use developments, with a maximum discount benefit amount of $20,000 per property.

1.2      Remove the High Consumption Incentive from the Business Incentive Policy.

2.         Note that a further report will be brought back to Council for consideration following the public exhibition of the revised draft Business Incentive Policy.

For:         Crs Knight, Amos, Cecato, Rhoades, Swan and Townley

Against:  Cr Arkan

Carried

 

Cr Michael Adendorff returned to the meeting, the time being 7.13pm.

 

 

Motion

2019/150

Resolved (Cr Sally Townley / Cr Tegan Swan)

That item SC19/41 Development Application No. 0419/19 - Multi-dwelling Housing (8 units) and Strata Subdivision, including demolition of existing dwelling, consolidation and re-subdivision of land into two lots - Lot 21, DP 20607, Lot 20, DP 20607 & Lot 1, Section 23, DP 19360, 2 Fourth Avenue, Sawtell be brought forward in the agenda.

The Motion on being put to the meeting was carried unanimously.

Carried

DIRECTORATE REPORT – SUSTAINABLE COMMUNITIES

Cr Denise Knight declared an interest in the following item, vacated the chamber and took no part in the discussion or voting, the time being 7.14pm.  Cr Swan assumed Chair of the meeting.

 

 

SC19/41          Development Application No. 0419/19 - Multi-dwelling Housing (8 units) and Strata Subdivision, including demolition of existing dwelling, consolidation and re-subdivision of land into two lots - Lot 21, DP 20607, Lot 20, DP 20607 & Lot 1, Section 23, DP 19360, 2 Fourth Avenue, Sawtell

 

Executive Summary

This report provides an assessment of Development Application No. 0419/19 for a ‘Multi-dwelling Housing (8 units) and Strata Subdivision, including demolition of existing dwelling, consolidation and re-subdivision of land into two (2) lots’ at  Lot 21 DP 20607, Lot 20 DP 20607 and Lot 1 Sec 23 DP 19360, 2 Fourth Avenue, Sawtell.

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 15 submissions. Accordingly, this matter is reported to Council for determination due to ‘significant public interest and community input’.

2019/151

Resolved (Cr Sally Townley / Cr John Arkan)

That Council:

1.         Refuse Development Application No. 0419/19 for a Multi-dwelling Housing (8 units) and Strata Subdivision, including demolition of existing dwelling, consolidation and re-subdivision of land into two (2) lots at Lot 21 DP 20607, Lot 20 DP 20607 and Lot 1 Sec 23 DP 19360, 2 Fourth Avenue, Sawtell on the grounds that it is in an inappropriate bulk and scale for the site, in particular, that is not consistent with clause D3.8 of the Coffs Harbour Development Control Plan 2015, which sets a maximum building length of 45m.

2.         Advise persons who made a submission on Development Application No. 0419/19 of Council’s decision.

For:         Crs Amos, Arkan, Swan and Townley

Against:  Crs Adendorff, Cecato and Rhoades

Carried

 

Cr Denise Knight returned to the meeting and resumed the Chair, the time being 7.24pm.

 

DIRECTORATE REPORTs – business services

 

BS19/44          Strategy for Sawtell and Woolgoolga Swimming Pools - Post Public Exhibition

 

Executive Summary

SGL Consulting Group was contracted to undertake a review of both the Sawtell and Woolgoolga swimming pools, including input from the community, and to provide a strategy on any upgrades to provide for future needs.

The consultant’s final report recommends an upgrade of both facilities and provides concept plans and estimated costings.

As resolved by Council on 23 May 2019 the Strategy has now been placed on public exhibition.  Multiple submissions were received and considered and this report provides the outcomes of the public exhibition process.  Formal adoption of the Strategy by Council is now sought, including the preparation of detailed designs and costings for both the Sawtell and Woolgoolga facilities.

2019/152

Resolved (Cr John Arkan / Cr Sally Townley)

That Council:

1.         Adopt the Strategy for Sawtell and Woolgoolga Swimming Pools – Final Report (Attachment 1).

2.         Endorse the preparation of detailed designs and costings for both the Sawtell and Woolgoolga facilities in accordance with the Strategy.

The Motion on being put to the meeting was carried unanimously.

Carried

 

 

 

BS19/45          Electric Vehicles for Coffs Harbour City Council

 

Executive Summary

At its meeting held on 11 July 2019 Council resolved:

“That Coffs Harbour City Council consider updating the executive cars to substainable technology vehicles, e.g. Electric Vehicles, in line with Rationale Providing leadership in our strategic plans is vital.”

The report provides information that demonstrates that even though it could be considered that the updating of vehicles within the Council fleet to electric vehicles is demonstrating leadership, the current technology available is not at a maturity or price point to allow Council to purchase electric vehicles which are fit for purpose.

However, as the technology is rapidly changing and improving, it is recommended that Council consider the suitability of electric vehicles for Council’s fleet as part of the annual Fleet Replacement Program.

2019/153

Resolved (Cr John Arkan / Cr Sally Townley)

That Council note that the suitability of electric vehicles for Council’s fleet will be considered as part of the formulation of the annual Fleet Replacement Program.

The Motion on being put to the meeting was carried unanimously.

Carried

 

DIRECTORATE REPORTs – SUSTAINABLE COMMUNITIES

 

SC19/40          Development Application No. 0473/19 - Serviced Apartments (First Floor Addition to Existing Shops Creating Nine Apartments) and Subdivision (Three Stratum Lots) - Lot 4, DP 17296, 82 Beach Street, Woolgoolga

 

Executive Summary

This report provides an assessment of Development Application No. 0473/19 for nine serviced apartments as a first floor addition to existing shops creating nine apartments and subdivision of the completed development into three stratum lots at Lot 4, DP 17296, No. 82 Beach Street, Woolgoolga.

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.

The development application is reported to Council for determination because it proposes to vary a development standard in the Local Environmental Plan by more than 10%.

 

Motion (Cr Tegan Swan / Cr Sally Townley)

That Council:

1.         Support the request to vary a development standard made pursuant to Clause 4.6 of Coffs Harbour Local Environmental Plan 2013 for the variation to the Floor Space Ratio control under Clause 4.4 of Coffs Harbour Local Environmental Plan 2013 in this particular case.

2.         Approve Development Application No. 0473/19 for nine serviced apartments above existing shops at Lot 4 DP 17296, No. 82 Beach Street, Woolgoolga subject to the conditions in Attachment 3.

 

Amendment

 

(Cr John Arkan    

That Council:

1.         Support the request to vary a development standard made pursuant to Clause 4.6 of Coffs Harbour Local Environmental Plan 2013 for the variation to the Floor Space Ratio control under Clause 4.4 of Coffs Harbour Local Environmental Plan 2013 in this particular case.

2.         Approve Development Application No. 0473/19 for nine serviced apartments above existing shops at Lot 4 DP 17296, No. 82 Beach Street, Woolgoolga subject to the conditions in Attachment 3.

3.         That parking for this development be formalised according to Coffs Harbour City Council’s current parking requirements.

The AMENDMENT lapsed in the absence of a seconder.

 

2019/154

Resolved (Cr Tegan Swan / Cr Sally Townley)

That Council:

1.         Support the request to vary a development standard made pursuant to Clause 4.6 of Coffs Harbour Local Environmental Plan 2013 for the variation to the Floor Space Ratio control under Clause 4.4 of Coffs Harbour Local Environmental Plan 2013 in this particular case.

2.         Approve Development Application No. 0473/19 for nine serviced apartments above existing shops at Lot 4 DP 17296, No. 82 Beach Street, Woolgoolga subject to the conditions in Attachment 3.

For:         Crs Knight, Adendorff, Cecato, Rhoades, Swan and Townley

Against:  Crs Amos and Arkan

Carried

 

 

 

SC19/42          Planning Proposals for the Woolgoolga North West Urban Investigation Area - Pre-Exhibition

 

Executive Summary

Two separate proponent-led applications have been received by Council to amend Coffs Harbour Local Environmental Plan (LEP) 2013, to enable low density residential development on land within the Woolgoolga North West Urban Investigation Area contained within the Coffs Harbour Local Growth Management Strategy (LGMS). The two applications relate to Lot 202 DP 874273, which consists of two part lots which function as two independent sites.

The application for the northern part (Bark Hut Road Planning Proposal) seeks to rezone the land from Zone RU2 Rural Landscape to Zone R2 Low Density Residential and the application for the southern part (Newmans Road Planning Proposal) seeks to amend the land from Zone RU2 Rural Landscape to Zone R2 Low Density Residential and Zone E3 Environmental Management. The proposed amendments to Coffs Harbour LEP 2013 accord with the North Coast Regional Plan 2036 and align with Council’s adopted LGMS, and as such have strategic merit.

The purpose of this report is to seek Council’s endorsement to initiate two separate planning proposals (Attachments 1 and 2) in response to applications made to Council. This report also seeks Council’s endorsement to amend corresponding maps contained within Coffs Harbour Development Control Plan (DCP) 2015 to align with the proposed LEP amendments.

2019/155

Resolved (Cr John Arkan / Cr Sally Townley)

That Council:

1.         Endorse and initiate the Bark Hut Road and Newmans Road Planning Proposals (Attachments 1 and 2) to rezone land on Lot 202 DP 874273, and seek a Gateway Determination from NSW Department of Planning, Industry and Environment for such planning proposals.

2.         Request that the Secretary of NSW Department of Planning, Industry and Environment issue a written authorisation to Council to exercise delegation of the plan making functions under section 3.36(2) of the Environmental Planning and Assessment Act 1979 in respect of the Bark Hut Road and Newmans Road Planning Proposals (Attachments 1 and 2).

3.         Resolve to publicly exhibit the Bark Hut Road and Newmans Road Planning Proposals (Attachments 1 and 2) and undertake Government Agency consultation based on the requirements of any Gateway Determination issued by NSW Department of Planning, Industry and Environment for the proposals.

4.         Resolve to publicly exhibit draft Coffs Harbour Development Control Plan 2015 - Amendment No. 14 (Bark Hut Road and Newmans Road, Woolgoolga) containing digital maps amendments to accord with the Bark Hut Road and Newmans Road Planning Proposals.

5.         Note that a further report will be brought back to Council for consideration following public exhibition of the Bark Hut Road and Newmans Road Planning Proposals (Attachments 1 and 2) and draft Coffs Harbour Development Control Plan 2015 - Amendment No. 14 (Bark Hut Road and Newmans Road, Woolgoolga).

The Motion on being put to the meeting was carried unanimously.

Carried

 

 

 

SC19/43          Revision of Compliance Response Framework - Final

 

Executive Summary

At its meeting of 27 June 2019, Council considered a report in respect to proposed revisions to its Compliance Response Framework (CRF) and adopted the following resolution:

That Council:

1.   Endorse the release of the revised Compliance Response Framework for public exhibition and invite submissions for a period of 30 days.

2.   Note that a further report will be brought back to Council for consideration following public exhibition of the revised Compliance Response Framework.

The revised CRF was subsequently placed on public exhibition for the period from 10 July 2019 through to 11 August 2019. No submissions were received.

This report seeks Council’s adoption of the revised CRF as an attachment to Council’s adopted Compliance and Enforcement Policy.

2019/156

Resolved (Cr Sally Townley / Cr Tegan Swan)

That Council adopt the revised version of the Compliance Response Framework (Attachment 1) and note it is an attachment to Council’s Compliance and Enforcement Policy.

The Motion on being put to the meeting was carried unanimously.

Carried

 

 

 

SC19/44          Animal Impounding Facility

 

Executive Summary

Council has a statutory responsibility for the provision of impounding services to receive and manage surrendered, seized and stray companion animals. RSPCA NSW has provided this service to Council to date.

Council at its meeting of 10 May 2018, considered a report in relation to notification received from RSPCA NSW that they will not be seeking to provide this service beyond the expiry of the present contract in September 2020. At this meeting, Council resolved:

1.     That Council seek ‘expressions of interest’ to establish an understanding of the available opportunities to meet Council’s statutory obligations associated with the provision of specialist impounding services on a long term basis.

2.       That a further report be brought back to Council detailing the available options and recommendations for the provision of specialist impounding facilities.

3.     That Council approach the RSPCA with a view to exploring the purchase of the land and facilities currently operated by the RSPCA as the Coffs Harbour Animal Shelter at 25 Dowsett Drive Coffs Harbour. Council prepare a report for Councillors on the response from the RSPCA and analysis of the economic, social and logistical merit if council were to proceed to purchase.

This report provides details of the results in relation to the above actions and a proposed way forward to meet Council’s obligations toward the provision of an impounding facility and services.

2019/157

Resolved (Cr Paul Amos / Cr Sally Townley)

That Council:

1.         Thank the parties who submitted an expression of interest for their efforts and advise their submission did not meet Council’s needs on this occasion.

2.         Thank the RSPCA NSW for their response and reciprocate Council’s willingness to maintain a relationship that will benefit the future service needs of both parties.

3.         Confirms Lot 1 DP 1080285, Christmas Bells Road, Coffs Harbour as the preferred site for construction of an animal impounding facility and allocates $30,000 for the preparation of a development application (funding source to be identified at Quarterly Budget Review).

4.         Receive a further report upon obtaining development consent with detailed costing for the construction of the animal impounding facility. 

The Motion on being put to the meeting was carried unanimously.

Carried

 

Questions on notice

No questions on notice.

Matters of an Urgent Nature

 

 

MUN19/05      Development Application - Demolition 27-31 Gordon Street, Coffs Harbour

 

Cr Keith Rhoades raised a question regarding the development application lodged by Council to demolish the building at 27-31 Gordon Street, Coffs Harbour and whether it would be decided under delegated authority.

The General Manager responded that it will be considered under the same process as all other development applications received by Council.

 

 

 

Motion

2019/158

Resolved (Cr Keith Rhoades / Cr John Arkan)

That the business concerning development application 0199/20DA lodgement be considered.

For:         Crs Amos, Arkan, Rhoades, Swan and Townley

Against:  Crs Knight, Adendorff and Cecato

Carried

 

 

The Mayor then ruled that the matter was of great urgency.

 

 

 

Motion

2019/159

Resolved (Cr Keith Rhoades / Cr John Arkan)

That Council’s development application 0199/20DA for the demolition of building at 27-31 Gordon Street, Coffs Harbour be brought back to Council for decision.

For:         Crs Knight, Amos, Arkan, Rhoades, Swan and Townley

Against:  Crs Adendorff and Cecato

Carried

 

Close of Meeting

The Meeting closed at 8.11pm.

 

Confirmed: 26 September 2019

 

 

 

...................................................

Denise Knight

Mayor