Coffs Harbour City Council

20 November 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 November 2019

 

The meeting commences at 5.00pm and your attendance is requested.

 

 

AGENDA

 

1.         Opening of Ordinary Meeting

2.         Acknowledgment of Country

3.         Public Forum

4.         Disclosure of Interest

5.         Apologies

6.         Leaves of Absence

7.         Mayoral Minute

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.      Questions On Notice

19.      Matters of an Urgent Nature

20.      Consideration of Confidential Items (if any)

21.      Close of Ordinary Meeting.

 

 

Steve  McGrath

General Manager

 

 


Order of Business

 

  

Notices of Motion General

NOM19/17      Delegations Relating to the Cultural and Civic Space Project... 3

NOM19/18      Independent Costing to Extend Council Administration Building 4

General Manager's Reports

GM19/29         Part Day Public Holiday for the Coffs Harbour Gold Cup.............. 5

GM19/30         Service Delivery Review Preparedness.................................................. 11

GM19/31         2019 Additional and Amended Disclosure of Interest by Councillors and Designated Persons................................................................................. 16

GM19/32         Council Meeting Dates - 2020......................................................................... 18

Directorate Reports - Business Services

BS19/59          Monthly Financial Performance Report for the Month Ended 31 October 2019......................................................................................................... 22

BS19/60          Bank and Investment Balances for September 2019........................... 38

BS19/61          TCorp Funding and Investment.................................................................... 60

BS19/62          Coffs Harbour Airport Master Plan Update 2019 - Post Exhibition 94

BS19/63          Coffs Harbour Airport Long Term Lease............................................. 305

Directorate Reports - Sustainable Communities

SC19/55          Coffs Harbour Local Growth Management Strategy - Chapters 1 to 4 and Chapter 6 - State Government Feedback................................... 310

SC19/56          Review of Council’s Fees and Charges for Proponent Initiated Planning Proposals........................................................................................ 351

SC19/57          Planning Proposal PP_2017_Coffs_002_00 to Amend Coffs Harbour LEP 2013 to Rezone Land at Pacific Street Corindi Beach - Post Exhibition ............................................................................................................ 358

SC19/58          Coffs Harbour Development Control Plan 2015 - Amendment No. 13 (Housekeeping 4) - Post Exhibition............................................................ 813

SC19/59          Development Application No. 0673/19 - Dual Occupancy (Detached) - Lot 2, DP 1017014, 1356 Coramba Road, Coramba.................................... 817

SC19/60          Northern Regional Planning Panel - Development Application No. 0418/19 - Electricity Generating Works (Solar Farm) And Associated Structures - Lot 37 DP752808 and Lot 100 DP134747, 54 Ferretts Road and Lot 354 DP617156, 25 Coldwater Creek Road, Nana Glen.......... 848

SC19/61          2018/19 Annual Report..................................................................................... 877

SC19/62          Renewable Energy Certificates............................................................. 1124

SC19/63          Draft Library Museum Gallery Strategic Plan 2020 - 2023........... 1130   


NOM19/17   Delegations Relating to the Cultural and Civic Space Project

Attachments:          Nil

 

Motion:

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

"That all contracts relating to the Cultural & Civic Space proposed for Gordon Street Coffs Harbour in excess of the prescribed tender amount of $250K are to be determined by full council and not under delegated authority."

 

Rationale:

“There has been widespread Community concern against this project in it’s current form, mainly the inclusion of the Council Administration component of the Project.  As a major infrastructure project it is only right that the full Council represent the Communities interest and concerns in this project.”

Staff Comment:

Should Council adopt this notice of motion, it should be noted that this may have some impact on the timing and scheduling of reports to Council, as opposed to processing under delegated authority (noting of course that some tenders/contracts may be captured under Council’s Tender Acceptance Policy and require reporting to council in any event).

 


NOM19/18   Independent Costing to Extend Council Administration Building

Attachments:          Nil

 

Motion:

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

"That Council seek from qualified Independent Consultants and or Quantity Surveyors actual and proper costings to add an additional floor to the existing Council Administration Building. These costs to include separate costings for a fit out."

 

Rationale:

“On several occasions I have asked for costings to be advised to Council for the above. There is strong community concern that there may be an opportunity to save ratepayers many millions of dollars and still achieve the desired result of having all staff in one location. The funding for this Report is to come from the Cultural & Civic Space Project.”

Staff Comment:

The Concept Business Case for the Cultural and Civic Space Project reported to Council on 14 June 2018, included as Appendix A, an Options Analysis with high level estimates.  One of the options presented was for a Cultural Space and a separate, renovated civic building, being 2 Castle Street (Option 3).

 

The budget for the Cultural and Civic Space (CCS) Project was established with a scope to the boundaries of the Gordon Street site only.  The Cost Plan developed during Schematic Design and provided to Councillors confidentially shows the full allocation of the CCS Project budget to the Gordon Street site.  There is no separate funding available within the CCS Project for work related to the administration building at 2 Castle Street, Coffs Harbour. 

 

It is difficult to estimate the funding that is required for this body of work.  However, it is anticipated that the likely costs to engage the suitably qualified engineering and building consultants would be in the vicinity of $1m.  The key assumption underpinning this rough estimate is that concept design and schematic design work, including structural engineering validation regarding current building code, would need to be undertaken to provide a cost estimate of a similar quality to the estimate for the CCS Project.

 

To proceed Council would need to agree a project scope then allocate funds for the above design, engineering and cost estimating work for 2 Castle Street and project staffing to manage the exercise.

  


GM19/29      Part Day Public Holiday for the Coffs Harbour Gold Cup

Author:                        Governance Coordinator

Authoriser:                  Group Leader Governance

MyCoffs:                      B.1 A thriving and sustainable local economy

Attachments:              ATT1  GM19/29  Local Public Holidays and Local Event Days information sheet - 2019

ATT2  GM19/29  CONFIDENTIAL Part Day Public Holiday for the Coffs Harbour Gold Cup - 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 was originally presented at the 14 November 2019 council meeting.  At that meeting it was resolved:

 

‘That Council defer the matter pending a meeting with the Coffs Harbour Racing Club to formulate clarity of what was discussed in Chamber.’

 

The Race Club have provided a briefing note to Councillors in lieu of a face to face meeting and a representative of the Club will be speaking at the Council meeting.

 

The following report is presented again in its entirety without any changes, as the matter was deferred.

 

Since 1971, the Coffs Harbour Local Government Area has been granted a half day, or more recently, a local part day public holiday for the Coffs Harbour Gold Cup.

 

To continue having an annual local part day public holiday, Council must, on a biennial basis, apply to the State Government to have it declared under the Public Holidays Act 2010.  As part of this biennial application, Council is required to carry out public consultation to consider the impacts, costs and benefits of declaring a local part day public holiday within the Coffs Harbour Local Government area.

 

Council has completed public consultation and received 181 submissions.  This report presents a summary stakeholder feedback and seeks a resolution from Council on whether to apply for a local part day public holiday for the first Thursday of August 2020 and 2021 for the annual Coffs Harbour Gold Cup.

 

 

Recommendation:

That Council applies for a part day local public holiday (12 noon to 5.30pm) on the first Thursday in August 2020 and 2021 for the Coffs Harbour Gold Cup.

 

Report

Description of Item:

Since 1971, Coffs Harbour City Council (Council) has applied for and been granted a half day public holiday for the Coffs Harbour Gold Cup.  This event is hosted by the Coffs Harbour Racing Club and is held annually on the first Thursday in August.  Since 2013, Council has applied for a local part day public holiday, rather than a half day.  This means the annual public holiday commences at 12 noon and finishes at 5:30pm.

 

In order for the Coffs Harbour Local Government Area to continue having an annual local part day public holiday, Council must, on a biennial basis, apply to the State Government to have it declared under the Public Holidays Act 2010.  As part of this application, Council is required to consider the impacts to regional businesses and local communities, the effect on local schools and effect on the transport of school students.

 

Council wrote to the following to seek feedback and comments on the impact of the gazetted local part day public holiday for the Coffs Harbour Gold Cup:

 

-     All schools within the LGA (primary and secondary)

-     Local bus companies

-     Bank and Building Societies within the LGA

-     Local Traffic Committee

-     Coffs Harbour, Sawtell and Woolgoolga & Northern Beaches Chambers of Commerce

-     Destination Coffs Coast Committee

-     Coffs Harbour Racing Club & Function Centre

-     Australian Hotels Association (NSW)

-     Coffs Harbour Liquor Accord

 

In addition, the public consultation period was advertised through an ad on Council’s page within the Coffs Coast Advocate, an alert through Council’s Facebook page and Council also created a page on its “Have Your Say” site within Council’s website.

 

The consultation period ran from 28 August 2019 to 25 September 2019.  Council received 181 submissions (provided in the confidential attachment).

 

A brief summary of stakeholder feedback is presented in the consultation part of this report.

Issues:

Under the Public Holidays Act 2010 local Councils are able to apply for either a ‘local public holiday’ or a ‘local event day.’  The attached information sheet outlines this legislation and its impact.  Council has always applied for a local public holiday.

 

For a local government area to apply for and be granted a local public holiday or local event day, Council needs to demonstrate that the event or reason for the holiday is considered of special significance to the community.  Therefore, should Council consider another event for a local public holiday or local event day, further community consultation would be required.

Options:

1.    Adopt the recommendation to retain the part day public holiday for the Coffs Harbour Gold Cup Race day in 2020 and 2021.

2.    Amend the recommendation and apply for a local event day for the Coffs Harbour Gold Cup Race day.  This means that the day would not be a gazetted ‘public holiday’.  However, if Council resolves to apply for a local event day it is suggested that as a policy decision, Council continue to close for the afternoon to allow staff to support the event.

3.    Reject the recommendation and do not apply for either the part day public holiday or local event day for the Coffs Harbour Gold Cup Race day.

Sustainability Assessment:

•     Environment

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

•     Social

There is evidence of community spirit during the week preceding the Coffs Harbour Gold Cup.

•     Civic Leadership

The nomination of this type of event in consultation with stakeholders is consistent with the MyCoffs Strategy B.1 A thriving and sustainable local economy.

•     Economic – Broader Economic Implications

There is evidence that the public holiday provides economic benefits for the Race Club, local businesses, job opportunity and tourism benefits for Coffs Harbour generally.

•     Economic - Delivery Program/Operational Plan Implications

There are no Delivery Program or Operational Plan implications as a result of this report.

Risk Analysis:

There is a potential for reputational risk to Council associated with this report.  Regardless of what decision Council makes, there will be some dissatisfaction within the community.

Consultation:

Council conducted public consultation to assess impacts to regional businesses and local communities, the effect on local schools and transport of school students.  The consultation period was between Wednesday 28 August 2019 and Wednesday 25 September 2019.

 

In total, Council received 181 individual responses from the public.  The majority of responses were provided by locals (75%).  The remaining submissions were either from people who do not reside in to the LGA (8%) or those of which we could not determine their locality (17%).

 

The majority of responses were in support of continuing to apply for a part day public holiday.  The following table lists the various views and suggestions provided in the submissions:

 

Submission

No. submissions that listed this option1

Percentage of submissions that listed this option

Supports continuation of a part day public holiday2

103

57%

Does not support any form of public holiday or event day

39

22%

Supports a full day public holiday

20

11%

Supports an event day

12

7%

Supports a public holiday, but for a different event

10

6%

Suggests the Coffs Harbour Gold Cup be held on a Saturday

8

4%

Suggests the Coffs Harbour Gold Cup be held on a Sunday

6

3%

Supports a public holiday but on a Friday

5

3%

Only provide detail on the impact due to the part day public holiday

2

1%

Suggests the Coffs Harbour Gold Cup be held in November

1

1%

Supports a half day public holiday

1

1%

 

1    This number does not correlate to the number of submissions as many submissions made multiple suggestions.

2     It is important to note that many responses used half day and part day interchangeably, however in assessing them, submissions that used references to a half day public holiday that were either related to maintaining status quo or were not specifically stating a request to change to a half day were determined to mean a Part Day public Holiday.

 

In reviewing the submissions, many of the issues and considerations raised were similar in context and were grouped together.  The following table provides a list of issues and considerations raised. Many submissions raised multiple issues and considerations within each response, the table below reflects this.

Issue or considerations raised

No. of times raised

The public holiday provides economic benefits for the Race Club, local businesses, and/or job opportunity for Coffs Harbour generally

51

The public holiday is great for the community, is well supported, enables socialising, connections and networking and/or enable spending time with family (whether at the event or not)

48

The public holiday impacts children and education by shutting schools, absenteeism, child care arrangements and/or buses and transport

44

The Coffs Harbour Gold Cup is a great day, big event and/or brings big crowds

38

The public holiday impacts businesses due to increased costs, staff wages, loss of income, shutting operation and/or affecting employee work commitments

37

The Coffs Harbour Gold Cup is good for tourism and bringing visitors

30

The public holiday increases numbers and without it the event and/or numbers will decline or cease

29

The Coffs Harbour Gold Cup and associated holiday is traditional or  been around for a long time and/or against change or taking it away

28

There is general enjoyment of the public holiday/event such as fashion and dressing up, time off work, attending and/or supporting/ celebrating it

26

There are Issues/concerns that the event and public holiday supports and promotes gambling and/or alcohol consumption

22

Believe the holiday should be more family/community orientated, combine with other events, is not fair on other events and/or a different event is better

19

Concerns regarding the ethics and animal welfare in relation to horse racing and/or generally against horse racing

18

They do not attend or have no interest in horse racing

15

The public holiday for the Coffs Harbour Gold Cup sends a poor example/message to children

12

Believe that people/business should attend the Coffs Harbour Gold Cup in their own time, by personal choice or be flexible to decide if they wat to attend

10

The Coffs Harbour Gold Cup and/or public holiday has a negative impact, is disruptive and/or considered uneconomic to Coffs Harbour

9

Public holiday is not justified for the small percent of population who attend or are interested in the Coffs Harbour Gold Cup

7

The public holiday is necessary as other town have them for events

7

The public holiday affects customers

5

Business, schools, parent etc. are used to the public holiday and Coffs Harbour Gold Cup and make it work

4

The Coffs Harbour Gold Cup and public holiday cause CBD traffic issues

3

There is a desire to improve the Coffs Harbour Gold Cup and/or make it bigger

3

People who work on this day should get penalty rates

2

Other option - Pay the bus drivers the penalty rates

1

Other option - Have a show day

1

 

All submissions provided to Council are available in the confidential attachment.

Related Policy, Precedents and / or Statutory Requirements:

Public Holidays Act 2010

Guidelines for Local Public Holiday and Local Event Day Applications issued by NSW Treasury

Implementation Date / Priority:

Immediate.

Conclusion:

It is recommended that Council continues to apply for an annual part day local public holiday for the Coffs Harbour Gold Cup.

 

 

 



GM19/30      Service Delivery Review Preparedness

Author:                        Group Leader Business Improvement

Authoriser:                  General Manager

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

Attachments:              Nil

 

Executive Summary

Council at its meeting of 12 September 2019 resolved to investigate an organisational service delivery program and this report summarises the work to date.

 

Council reinforced its commitment to the continual improvement of reporting to the community and other stakeholders in the previous staff comment and acknowledged that this is an ongoing process.  In addition, the Executive has recently endorsed changes to the Communications team, which will enable the full implementation Council’s Communication Strategies to ensure more effective communication is provided to the Community and council staff.

 

Further to the enhancements of the communications team and subject to approval of the December Quarterly Budget Review, a new role of Community Engagement Co-ordinator has been recommended to drive the implementation and co-ordination of the Community Participation and Engagement Plan and associated frameworks, policies and systems. This co-ordination role would work in close consultation with other communications, engagement/liaison professionals across the organisation.

 

This report specifically outlines the ‘Service Delivery Review Preparedness’ project recently endorsed by the Executive and being led by the Business Improvement Group.  The project is currently gathering the baseline information needed to deliver a prioritised program of service delivery reviews.

 

The project is based on the Australian Centre of Excellence for Local Government (ACELG) methodology and is being delivered in three phases leading into the next Delivery Program.

 

This project supports Council’s desire for both Council and the community to better understand what Council does and why, and provide greater opportunities for community involvement in determining appropriate services for delivery and the levels of service.

 

 

Recommendation:

That Council note the ‘Service Delivery Review Preparedness’ project currently underway.

 

Report

Description of Item:

On 12 September 2019 Council resolved:

 

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. "

 

This report outlines the ‘Service Delivery Review Preparedness’ project recently endorsed by the Executive and being led by the Business Improvement Group.  The project is currently gathering the baseline information needed to deliver a prioritised program of service delivery reviews.

 

The objective of this project is to build a consistent baseline of data across Council’s service framework which can then be used to inform ongoing service delivery reviews aligned with the next delivery program.  The baseline data for each service will identify:

 

·    What we do;

·    How we do it – our service delivery model;

·    Why we currently do it;

·    How well we currently do it; and

·    How much it costs us to do it.

 

The Australian Centre of Excellence for Local Government (ACELG) methodology will be utilised for the project as it is an industry leading methodology that has been successfully used in Councils across various State jurisdictions.

 

The activities and deliverables produced as a result of the completion of the ‘Service Delivery Review Preparedness’ project align with the early stages of the ACELG methodology and will provide the platform for the organisation to prioritise a program of service delivery reviews.

 

The project is being delivered in three phases:

 

1.   Baseline Definition;

2.   Service Delivery Pilot; and

3.   Pilot review and enhancement.

 

The completion of these three phases will help the organisation to make an informed decision on progressing or otherwise, with a structured program of Service Delivery Reviews.  The inclusion of a service delivery review pilot as Phase 2 will provide a practical example and relevant evidence to support the decision.  It will also help build capability in the organisation to carry out service reviews.

 

Phase 1 – Baseline Definition (current – 30 September 2020)

The following are the high-level tasks to be completed during Phase 1:

 

1.   Review and approve service list – in progress

2.   Map financial data to service list – in progress

3.   Finalise content required for baseline service statements – complete

4.   Finalise templates for baseline service statement – in progress

5.   Source other baseline data and complete analysis for all services – not started

 

While Phase 1 is a prerequisite for the subsequent phases of this project, its completion also delivers the additional benefits of providing greater clarity and understanding to the community and stakeholders about Council service provision, and the platform for broad community engagement on levels of service.

 

Resourcing Phase 1:  in order to ensure consistency in the baseline data and to reduce the resourcing impact on individual service owners, the Business Improvement Group will deliver Phase 1 of the project.

 

Phase 2 – Service Delivery Pilot (1 October 2020 – 31 March 2021)

The following are the high-level tasks expected to be completed during Phase 2:

 

1.   Engage expert resource to support pilot process and build internal capacity

2.   Identify and agree pilot service

3.   Define aims and guiding principles for pilot Service Delivery Review

4.   Run Pilot (steps from ACELG methodology)

 

a.   Validate baseline for pilot service

b.   Develop an order of analysis

c.   Examine service levels

d.   Review service delivery models

e.   Consider service consolidation

f.    Conduct financial and other relevant analyses

g.   Undertake initial risk assessment

h.   Summarise change options

i.    Undertake stakeholder engagement

j.    Produce final change recommendations

k.   Finalise risk assessment

l.    Sign-off change recommendations

 

5.   Implement Change (steps from ACELG methodology) – if required

 

a.   Develop implementation plan

b.   Implement and monitor

c.   Develop project exit strategy

 

Resourcing Phase 2:  Business Improvement Group, External resource, Pilot service owner (to be determined)

 

Phase 3 – Pilot Review and Improvement (1 April 2021 – 30 June 2021)

The following are the high-level tasks expected to be completed during Phase 3:

 

1.   Evaluate Service Delivery Pilot review process and implemented changes

2.   Report outcomes and share learnings

3.   Modify approach based on pilot learnings

4.   Key decision on ongoing program of service delivery reviews

5.   Determine and agree ongoing service review schedule

 

Resourcing Phase 3:  Business Improvement Group, Senior Leadership to prioritise review schedule

Issues:

There are no perceived current or future issues associated with the completion of this project.

Options:

Options available to Council in this matter are:

 

1.    Adopt the recommendation provided to Council.

2.    Modify the recommendation, noting the modification has the potential to negatively impact on Council’s operational budget and service delivery.

 

Option 1 is recommended as the suitable course of action.

Sustainability Assessment:

•     Environment

There are no perceived current or future environmental impacts associated with the completion of this project.

•     Social

There are no perceived current or future social impacts associated with the completion of this project.

•     Civic Leadership

There are no perceived current or future civic leadership impacts associated with the completion of this project.

 

•     Economic – Broader Economic Implications

There are no perceived current or future economic impacts associated with the completion of this project.

•     Economic - Delivery Program/Operational Plan Implications

There are no Delivery Program/Operational Plan implications associated with the completion of this project.  The project has been scheduled and resourced to ensure no impact on service delivery to the community.

Risk Analysis:

Completing the project and progressing with a prioritised program of service delivery reviews and/or broad community engagement on levels of service may present reputational risk to the organisation if service delivery and service level expectations vary between the community and what Council is able to sustainably provide.

 

In addition, not completing the project exposes the organisation to the potential risk of delivering ineffective services – an issue that is likely to be identified during a structured service delivery review process.

Consultation:

Relevant internal stakeholders including the Executive Leadership team, Group Leadership team and Integrated Planning and Reporting working group have been consulted during the development of this project.

Related Policy, Precedents and / or Statutory Requirements:

Not Applicable for this project.

Implementation Date / Priority:

The following is the high-level project timeline.

 

 

Conclusion:

The approach to the ‘Service Delivery Review Preparedness’ project is the most cost effective and responsible allocation of Council resources to enable the ongoing delivery of prioritised Service Delivery Reviews.

 


GM19/31      2019 Additional and Amended Disclosure of Interest by Councillors and Designated Persons

Author:                        Governance Coordinator

Authoriser:                  Group Leader Governance

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

Attachments:              Nil

 

Executive Summary

Section 4.21 of Council’s Code of Conduct Policy requires Councillors (and designated persons) who hold that position on 30 June in each year to lodge a “Disclosures by Councillors and Designated Persons Return”.  All Councillors who held office at 30 June and designated persons, should have lodged such a return with their General Managers by 30 September 2019.  In accordance with Council’s Code of Conduct Policy, these returns were tabled at the 10 October 2019 Council meeting.

 

This purpose of this report is to table some additional and amended disclosures received after 30 September 2019.

 

 

Recommendation:

That Council note the additional and amended Disclosures by Councillors and designated persons for the period July 2018 – June 2019, as tabled.

 

Report

Description of Item:

The purpose of this report is to table a number of disclosures submitted after 30 September 2019 (e.g. due to staff leave, received through the post etc) and amended disclosures in accordance with 4.21 of Council’s Code of Conduct Policy.

 

Designated persons identified by Council include the General Manager, all Directors, Group Leaders; staff authorised to order goods over $20,000, staff involved in strategic planning, staff involved in assessing/issuing consents to development applications, staff involved in compliance activities or the issuing of orders and staff involved in contractual functions.

Issues:

The additional and amended disclosures will be tabled at this meeting for inspection by any Councillor.

Options:

Adopt the recommendation provided to Council.

Sustainability Assessment:

•     Environment

This is not applicable to this report.

•     Social

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

•     Civic Leadership

The purpose of these provisions is to ensure transparency and accountability in local government decision making.  This is consistent with the MyCoffs Community Strategic Plan D.1 - Our leaders give us confidence in the future.  The obligations upon Councillors, General Manager, Senior Staff and other designated persons are as much a protection for them as it is for the community in the review of Council’s decisions, and one of the important mechanisms in enhancing public confidence in local administration.

•     Economic – Broader Economic Implications

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

•     Economic - Delivery Program/Operational Plan Implications

This are no Delivery Program/Operational Plan implications as a result of this report.

Risk Analysis:

This is not applicable to this report.

Consultation:

This is not applicable to this report.

Related Policy, Precedents and / or Statutory Requirements:

Sections 4.21 – 4.27 of Council’s Code of Conduct Policy cover the compulsory lodgement of pecuniary interest annual returns.  The Code of Conduct Policy details specific responsibilities of the General Manager in relation to the collection, reporting, tabling and public accessibility of the returns.

Implementation Date / Priority:

Implementation is immediate.

Conclusion:

That the tabling of the additional and amended Disclosure of Interest returns for 2019 be noted.

 

 

 


GM19/32      Council Meeting Dates - 2020

Author:                        Governance Coordinator

Authoriser:                  Group Leader Governance

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

Attachments:              ATT1  GM19/32  Proposed Council Meeting Dates 2020  

 

Executive Summary

To seek council’s endorsement of the Ordinary Council meeting dates for the 2020 calendar year.

 

 

Recommendation:

That:

1.       No Council meetings be scheduled for January 2020.

2.       Meetings from February to November 2020 are scheduled on the second and fourth Thursday of each month.

3.       No meeting will be held on 9 April due to Good Friday the following day.

4.       No meetings will be on 10 and 24 September and 8 October 2020 due to the 2020 Councillor elections.

5.       The last Council meeting for 2020 be scheduled on 10 December 2020.

 

Report

Description of Item:

Council’s practice is for meeting dates to be scheduled on the second and fourth Thursday of the month commencing at 5.00 pm.  Some conflicting dates may arise throughout the year once public holidays are gazetted and other special events are made known (e.g. Easter).

Issues:

NSW Local Government has a well-established precedent of having a recess during January.  For the coming period, Thursday 13 February 2020 would be the first meeting for the New Year.

 

It is recommended that no Council meeting be scheduled on 9 April due to Good Friday Eve.

 

Due to the Local Government Elections on 12 September 2020, the caretaker period will start on 14 August 2020.  There will be no meetings on 10 and 24 September and 8 October 2020.  The first meeting for the newly elected Councillors will be 22 October 2020.  This timing also takes into consideration the time to declare successful candidates, provision of Councillor inductions, the Labour Day long weekend and other requirements to prepare the new Councillors for their first meeting.

 

It is recommended that one meeting also be held in December 2020, being Thursday 10 December, two weeks after the last meeting in November 2020.

 

Meetings scheduled on 23 April and 9 July 2020 fall within the school holidays.  No provision to change these dates has been made.

 

The Local Government Act states that council is to meet at least ten times a year in different months.  The proposed scheduling meets that requirement.

Options:

1.    Adopt the recommendation provided to Council.

2.    Amend the recommendation being the proposed council meeting dates provided to Council and then adopt.

3.    Reject the recommendation provided to Council, though this would be somewhat problematic as Council is required to advertise the meeting dates for 2020.

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

The notification of Council Meeting dates to the community is consistent with the Council’s MyCoffs Community Strategic Plan, D.1 Our leaders give us confidence in the future.

•     Economic – Broader Economic Implications

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

•     Economic - Delivery Program/Operational Plan Implications

The number of council meetings in a calendar year has no delivery program/operational plan implications.

Risk Analysis:

This is not applicable to this report.

Consultation:

Internal consultation has occurred.

Related Policy, Precedents and / or Statutory Requirements:

Council’s policy is to meet on the second and fourth Thursday of each month at 5.00 pm.  Council has changed meeting dates by resolution as the need has arisen.

 

s365 of the Local Government Act provides for Council to meet at least ten times a year in different months.

Implementation Date / Priority:

Subject to Council’s final resolution, quarterly advertisements and a media release will be issued to advise the community.

Conclusion:

The table of proposed council meetings for 2020 is attached for endorsement by Council.

 

 

 


 


BS19/59       Monthly Financial Performance Report for the Month Ended 31 October 2019

Author:                        Senior Finance Business Partner

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS19/59   Monthly Financial Performance Report for the Month Ended 31 October 2019  

 

Executive Summary

This report presents the Monthly Financial Performance Report for 31 October 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 $65.9 million with the actual year to date being $71.2 million.

 

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 $93.2 million with $18.6 million expended to the end of October.

 

 

Recommendation:

That Council note the Monthly Financial Performance Report for 31 October 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 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 October is $5.3 million ahead of budget expectations.  The total surplus after capital grants is $71.2 million against a budget of $65.9 million.  Operating expenditure to the end of October is $54 million against a budget of $57.5 million.

·     Capital expenses is on track of YTD budget expectations with total capital expenditure to the end of October of $18.6 million versus a YTD budget of $18.5 million and annual targeted expenditure of $93.2 million.  Further details are provided in the Capital Expenditure Report comments.

 

Income Statement

·     This is a comprehensive income statement detailing the monthly performance for October 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 31 October 2019 for Year to Date (YTD) variances:

 

Revenue

·     Interest and Investment Revenue:  This timing difference is due to interest coupons on investments received in October.  They are received based on investment and maturity dates This variance is expected to decrease as higher rate term deposits mature and are re-invested at current lower rates due to several rate decreases.  Interest and Investment Revenue should meet or slightly exceed budget by the end of the financial year.

·     Capital Revenue:  Developer Contribution income budgets across the General, Water and Sewer funds are split evenly to reduce fluctuations however actual receipt of income are more sporadic in nature.

 

Expenditure

·     Other Expenses:  The primary shortfall relates to Local Roads maintenance budgets allocated to other expenses whereas actuals are being charged to materials and contracts.  This will be reviewed within the December Quarterly Budget Review Statement.

 

Income Statement commentary as at 31 October 2019 for Monthly variances:

 

Revenue

·     Rates and Annual Charges:  There is a minor variation in dollar terms.  Additional annual charges for general, water and sewer funds are higher than expected this month.

·     Interest and Investment Revenue:  This timing difference is due to interest coupons on investments received in October.  They are received based on investment and maturity dates This variance is expected to decrease as higher rate term deposits mature and are re-invested at current lower rates due to several rate decreases.  Interest and Investment Revenue should meet or slightly exceed budget by the end of the financial year.

·     Grants & Contributions – Operating Purposes:  The budget and actuals for Jetty Foreshores contributions are being allocated to a different revenue type to that budgeted.  This will be corrected in the December Quarterly Budget Review Statement.

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 projected to be $65.9 million as at 31 October 2019 with the actual year to date being $71.2 million.

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 31 October 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.

 

 


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BS19/60       Bank and Investment Balances for September 2019

Author:                        Section Leader Financial Planning

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS19/60   Investment Performance Report for the Month Ended 31 October 2019  

 

Executive Summary

Council’s Bank Balances and Investments as at 31 October 2019 totalled $214,689,508.91.  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 $214,689,508.91 (including from loans, Developer Contributions and other avenues that form the restricted accounts and are committed for future works) as at 31 October 2019.

 

Report

Description of Item:

A copy of the state of Bank Balances and Investments as at 31 October 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 October 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 31 October 2019, it is noted that the total bank and investment balance was $214,689,508.91 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, i.e. AAA.

 

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

Consultation:

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

Related Policy, Precedents and / or Statutory Requirements:

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

Local Government Act 1993 – Section 625

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

Local Government General Regulation 2005

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

Implementation Date / Priority:

Nil.

Conclusion:

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

 

 

 


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BS19/61       TCorp Funding and Investment

Author:                        Group Leader Financial Services and Logistics

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS19/61   CONFIDENTIAL TCorp Stewardship Pack

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

ATT2  BS19/61   TCorp Sustainability Bond Annual Report 2019  

 

Executive Summary

TCorp is a financial service provider who is limited to providing financial services to entities approved by the NSW Treasurer under the Government Sector Finance Act 2018.  TCorp also provides a number of different investment platforms which Council is able to invest in under the Council’s Investment Policy.  Should the Council choose not to borrow the $46.02 million for the Cultural and Civic Space Project from TCorp, the financial viability of the project and the financial sustainability of the Council is not compromised.  This would result in only a small variance in key financial performance ratios if Council chooses to use an alternate financial institution.  It is considered that there is nothing to suggest that TCorp is not, prima facie, an appropriate institution for the Council to conduct business with, either from an investment or borrowing perspective.

 

 

Recommendation:

That Council:

1.       Note the report.

2.       Determines that TCorp is considered to be an appropriate lending authority for Coffs Harbour City Council to deal with.

 

 

Report

Description of Item:

At the Council Meeting held on 26 September 2019 the Council resolved (resolution 2019/163) as follows:

 

That Council:

1.      Note the bank balances and investments totalling $220,946,999.33 (including from loans, Developer Contributions and other avenues that form the restricted accounts and are committed for future works) as at 31 August 2019.

2.      Receive a report into the current operations of TCorp Finance funding of coal fired power stations and electricity providers

3.      Receive a report assessing the eligibility of Coffs Harbour City Council to invest in TCorp within the adopted Coffs Harbour City Council Investment Strategy’s guidelines.

4.      Receive a report on the financial impact on the viability of the Gordon St project in not securing funding from TCorp but with an alternate source.

5.      Councillors establish, if TCorp is considered to be an appropriate lending authority for Coffs Harbour City Council to deal with.

 

Point 1 of the resolution was to note the report with no further information required for this report.

 

Point 2 of the resolution was to provide information into the current operations of TCorp finance funding of coal fired power stations and electricity providers.  To be able to borrow from TCorp, an entity must be approved to borrow by the NSW Treasurer under the Government Sector Finance Act 2018.  The last Government owned coal fired power station was sold to a private investor in November 2015.  As all coal fired power stations in New South Wales are under private ownership, the entities are not entitled to use TCorp for borrowings.  Therefore, there are no current operations of TCorp funding coal fired power stations.

 

Essential Energy is the only electricity supplier eligible to utilise TCorp for borrowing.  It is difficult to ascertain the exact quantum of Essential Energy’s borrowings from TCorp from information in the public domain.  The 2017/18 Annual Report of Essential Energy indicates that it has a core debt borrowing limit of $6,109.6 million of which $766.3 million was unused at year end.  It also has a TCorp Come and Go Facility limit of $250.0 million of which $211.7 million was unused at year end.

 

Point 3 of the resolution was to provide information assessing the eligibility of Coffs Harbour City Council to invest in TCorp within the adopted Coffs Harbour City Council Investment Strategy’s guidelines.  Council is eligible to invest in TCorp within the adopted Investment Policy and strategy guidelines.

 

Council’s Investment Policy states that Council’s authorised investments are limited to those allowed by the Ministerial Investment Order and include deposits with TCorp and/or Investments in TCorp Hour Glass Facility.

 

TCorp has a AAA rating with Standard and Poors (S&P), our Investment Policy allows us to invest up to 100% of Council’s portfolio in AAA Category Investments with an individual counterparty limit of 40% of the total portfolio.

 

TCorp also issues Sustainability Bonds which support a broad range of NSW Government environmental and social policies, strategies and goals.  TCorp launched its inaugural Sustainability Bond on 13 November 2019.  This may assist Council with its Socially and Environmentally Responsible Investments Should Council invest in these bonds in the future.

 

The policy guidelines in relation to ‘term to maturity’ state that for long term funds of 5 years and greater a maximum allocation in this term would be 25%.

 

Point 4 of the resolution was to provide information on the financial impact on the viability of the Gordon Street project in not securing funding from TCorp but with an alternate source.  Initially when the financial modelling was undertaken for the Cultural and Civic Space Project an indicative interest rate of 4% per annum over 30 years was used for the $46.02 million borrowing.  TCorp current indicative rate is under 1.9% per annum.  Indicative rates were requested from three of the major banks within Australia for the 30 year borrowing fixed for 20 years.  Commercial borrowing with Australian Banks has a maximum term of 20 years so these are the rates quoted.  The lowest indicative rate received during this process was 2.81% per annum.  This is 0.21% per annum above the indicative figure which had been quoted from TCorp which was used in the financial calculations for the report presented to the Council on 11 July 2019 ‘Progression of the Cultural and Civic Space Project’.

 

The result of this increase of 0.21% p.a. in interest costs on the Operating Performance Ratio and Debt Service Coverage Ratio of the Council’s General Fund, should Council borrow from an alternate source is as follows:

 

Operating Performance Ratio (General Fund) (Benchmark is greater than 0%)

 

 

2021/22

2022/23

2023/24

2024/25

2025/26

2026/27

TCorp @ 2.60%

-0.99%

0.04%

0.52%

0.98%

1.44%

1.89%

Indicative Rate @2.81%

-1.05%

-0.03%

0.46%

0.92%

1.38%

1.84%

 

Debt Service Cover Ratio (General Fund) (Benchmark is greater than 2)

 

 

2021/22

2022/23

2023/24

2024/25

2025/26

2026/27

TCorp @ 2.60%

5.48

6.60

7.97

10.00

10.77

11.28

Indicative Rate @2.81%

5.39

6.49

7.82

9.79

10.54

11.04

 

Should the Council not secure funding from TCorp there is no significant detriment to Council’s financial sustainability in the short, medium or long term as demonstrated by the ratios provided above.

 

Point 5 of the resolution calls on Councillors to establish if TCorp is considered to be an appropriate lending authority for Coffs Harbour City Council to deal with. At the time of any borrowing, multiple lending institutions are requested to submit their proposal to Council to allow Council to consider fully who is best able to meet the Council’s requirements in relation to the borrowing.  The decision is not solely based upon the interest rate offered.  There is nothing to suggest that TCorp is not, prima facie, an appropriate institution for the Council to conduct business with, either from an investment or borrowing perspective.

Issues:

TCorp is only one option that the Council has available to it amongst many other financial institutions.  TCorp does currently provide a lower rate of interest which minimises borrowing costs and therefore may assist with meeting Council’s financial sustainability targets.

Options:

Council has the option to utilise the services and products of TCorp or any other financial institution dependent on counter party limits within the Investment Policy.

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 is the custodian of funds on behalf of the community and borrows funds to minimise total cost and 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

The information contained within the report demonstrates that should the Council choose not to secure funding from TCorp for future borrowings, particularly in relation to the Cultural and Civic Space project, there is no significant short, medium or long term impact on the financial sustainability of the Council or financial viability of the project.

•     Economic - Delivery Program/Operational Plan Implications

When the Council seeks loan funding for the Cultural and Civic Space Project, consideration will need to be given to many factors as to who will ultimately be the financial institution the Council will borrow off.  Limitations imposed by TCorp on future investments will need to be weighed up against a lower rate of borrowing to assess which institution provides the greatest long term benefit to the Council and therefore the community.

Risk Analysis:

TCorp is rated AAA by Standard and Poors which is the highest credit rating and demonstrates extremely strong capacity to meet financial commitments.

Consultation:

The following financial institutions were consulted with in the development of this report:

 

-      TCorp

-      Commonwealth Bank

-      Westpac Banking Corporation

-      National Australia Bank

Related Policy, Precedents and / or Statutory Requirements:

-      Investment Policy (POL-049)

-      Government Sector Finance Act 2018

-      Local Government Act 1993

Implementation Date / Priority:

There are no actions required if the recommendation of this report is adopted by Council.

Conclusion:

TCorp is a financial service provider who is limited to providing financial service to entities approved by the NSW Treasurer under the Government Sector Finance Act 2018.  TCorp also provides a number of different investment platforms which Council is able to invest in under the Council’s Investment Policy.  Should the Council choose not to borrow the $46.02 million for the Cultural and Civic Space Project the financial viability of the project and the financial sustainability of the Council is not compromised.  It is considered that there is nothing to suggest that TCorp is not, prima facie, an appropriate institution for the Council to conduct business with, either from an investment or borrowing perspective.

 

 


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BS19/62       Coffs Harbour Airport Master Plan Update 2019 - Post Exhibition

Author:                        Manager Airport

Authoriser:                  Director Business Services

MyCoffs:                      B.1 A thriving and sustainable local economy

Attachments:              ATT1  BS19/62   Coffs Habour Airport Master Plan Update 2019

ATT2  BS19/62   CONFIDENTIAL 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

The Coffs Harbour Airport (CHA) Master Plan is the key planning document for the management and operation of the CHA. Its adoption and implementation will contribute significantly to the future success of the airport.  This report presents to Council the CHA Master Plan Update 2019 following public exhibition of the document for 28 days.  It is recommended that Council adopts the Plan.

 

 

Recommendation:

That Council:

1.   Adopt the Coffs Harbour Airport Master Plan Update 2019 (Attachment 1).

2.   Advise persons who made a submission of Council’s decision.

 

Report

Description of Item:

The Coffs Harbour Airport (CHA) Master Plan is the key planning document for the management and operation of the CHA.  It sets out Aerodrome Planning and Standards, Traffic Forecasts, Development Concepts and Operational Requirements.  The CHA Master Plan Update 2019 (Attachment 1) is essentially a compilation of previous planning documents augmented and updated where changes have occurred, or where new information has become available.

 

Council considered the CHA Master Plan Update 2019 at its meeting on 10 October 2019 and resolved (resolution 2019/175):

 

That the draft Airport Master Plan Update be placed on public exhibition for a period of 28 days.

 

The CHA Master Plan Update 2019 was placed on public exhibition from 16 October 2019 until the 12 November 2019.  During the exhibition period three written submission were received and are included in Confidential Attachment 2.

Issues:

The issues of raised in the submissions from the public exhibition of the CHA Master Plan Update 2019 are detailed with responses in the table below.

 


 

Issue

Response

Upgrade and extend main runway to cater for large jets such as B777/A350 and International flights.

Purchase additional land around the airport.

Any decisions relating to providing upgraded or new infrastructure necessary for large wide-bodied aircraft operations (even occasional use) would be subject to a specific demand being identified and the outcome of a business case process.

As indicated in the Master Plan new aircraft types such as the B737MAX and A320neo have a longer range capability than their current versions, which could present an opportunity to provide some international services in the medium term.

Any benefit in acquiring additional land to the north of the airport could be constrained by obstacles such as Beacon Hill and land on the southern side of the airport is subject to environmental constraints.

Relocate and/or update air traffic control tower

Council, as the airport operator, does not provide air traffic control services, which are the responsibility of Airservices Australia, a Federal Government agency.  As noted in Chapter 13 the potential for a new tower (either staffed or remote) positioned north of the fire station would assist in mitigating current tower line of sight constraints.  Airservices has not indicated if or when new tower facilities will be required. When this occurs, the airport operator’s role will be to assist in site location/definition and the provision of enabling infrastructure.

Provide for an airport hotel

The Airport Enterprise Park development consists of a subdivision of approximately 43ha of land for the purpose of aviation-related and compatible commercial and business uses. There are several development proposals currently in the planning phase and a potential future use could include a hotel amongst a range of other types of development.

Light rail link and upgrade to Hogbin Drive

Planning for the airport fits within the NSW Government’s North Coast Regional Plan 2036. Figure 3.1 which is taken from that report depicts the Coffs Harbour Regional City including ground transport linkages. Any future upgrading of Hogbin Drive will be undertaken by Council. Airport related increases in road traffic would form part of the input as to the extent of upgrading required.

Solar canopies on the airport carpark / replace generators with Tesla megapacks

In 2016 Council adopted its Renewable Energy and Emissions Reduction Plan.  As part of that plan, there is a project to install a 150Kw Solar PV system on the roof of the airport security car park to reduce emissions and energy consumption, as noted in Section 12.2. Advances in delivery technology responding to the mandated requirement for standby power will be monitored and considered for adoption at the appropriate time.

Potential electric aircraft

There is an extensive amount of research and development underway in several countries into the potential for electrically powered aircraft. Should they become a feature of future operations, CHA will respond as it has done historically throughout the piston, turbo-prop and jet eras, to facilitate operations by this class of aircraft by providing for the necessary enabling infrastructure.

Dedicated helicopter landing site

Section 9.2.4 identifies the potential location for future helicopter landing sites. Current and forecast helicopter operations (see Table 8.5) do not at this stage necessitate a dedicated facility.

Set a passenger limit

The air traffic forecasts presented in Chapter 8 are unconstrained and in part are used to assess that current and future demand can continue to be facilitated as required.  Some Australian airports do operate under varying forms of capacity constraints; however, these tend to be much larger airports with significantly higher levels of aircraft and passenger operations. CHA’s forecast passenger and aircraft movements are relatively low by comparison.

Noise

CHA publishes Noise Abatement Procedures which include preferred flight paths to avoid flights over built-up areas whenever weather and traffic conditions permit. Restrictions on night pilot training operations are also in place.

Airport lease

This matter is not in the scope of the Master Plan Update.

 

No amendments have been made to the Master Plan Update from the submissions; however, some minor changes have been made to correct references to the Environmental Planning and Assessment Act 1979 and typos.

Options:

Options for Council to consider are:

 

1.    Adopt the recommendation which will update the CHA Master Plan to 2019.

2.    Reject the recommendation and continue operations under the CHA Master Plan Update 2014.  However, this will result in the CHA Master Plan being out of date for changes between 2015 and 2019, and being less comprehensive and contemporary than desired.

Sustainability Assessment:

•     Environment

The CHA Master Plan addresses key environmental considerations in relation to the management and operation of the airport.  Adopting the Master Plan enables the CHA to ameliorate environmental impact relating to airport operations.

•     Social

CHA plays a vital role in the social wellbeing of the Coffs Coast and beyond.  A well planned, modern and efficient airport will continue to deliver positive social outcomes for the community.

•     Civic Leadership

The adoption of this Plan will provide a solid platform for CHA to remain an important regional hub for air travel to and from the Coffs Coast.  The desired outcomes of the plan align strongly with the MyCoffs Community Strategic Plan.

•     Economic – Broader Economic Implications

The issues identified and actions recommended in the CHA Master Plan Update 2019 will ensure that CHA is further improved in a timely and appropriate manner to meet the growth potential of aviation in this region.

 

CHA is an important transport hub on the mid-north coast of NSW and is well placed to retain its position as one of the best regional airports in Australia.

 

CHA makes a significant financial contribution to the local economy and the region.

•     Economic - Delivery Program/Operational Plan Implications

CHA currently operates as a business unit of Council and improvements to the core airport are currently funded by airport operations.

Risk Analysis:

The development and update of an Airport Master Plan acts as a key risk management strategy for the airport.  Diligent planning, combined with operating in a highly regulated environment, significantly reduces risk to the business.

Consultation:

Consultants, Airport Planning Support (APS) along with Airport Management, undertook extensive research and consultation with industry and stakeholders including:

 

-      Civil Aviation Safety Authority – changes to the Manual of Standards (MOS 139) and implications of an airport lease;

-      Airservices Australia – changes to future technologies and future air space design;

-      Qantas – planned changes in technology, aircraft types and schedules;

-      Tigerair – planned changes in technology, aircraft types and schedules;

-      Virgin Australia – planned changes in technology, aircraft types and schedules;

-      The Airport Group (TAG) – air space design including Obstacle Limitation Surface (OLS);

-      Bureau of Infrastructure, Transport and Regional Economics – updated domestic passenger statistics;

-      Australian Airports Association (Publications) – industry trends and future planning strategies;

-      Avisure – bird and wildlife management;

-      de Groot Benson – design of airside and landside infrastructure;

-      Airworks Consulting Pty Ltd – production of new maps and plans;

-      Tourism Futures International (TFI) – passenger forecasts;

-      Jasko Airport Services – technical advice on airport operations and implications of changes to the Manual of Standards; and

-      Kamen Engineering – airside infrastructure design and pavement condition reporting.

 

Also, consultation has occurred with relevant internal stakeholders.

 

Following Council’s consideration of the CHA Master Plan Update 2019 the document was placed on public exhibition for 28 days with three submissions received.

Related Policy, Precedents and / or Statutory Requirements:

The CHA Master Plan Update 2019 builds upon previous documents adopted by Council.  The Master Plan is not a regulatory requirement in operating the airport but it provides strategic and operational direction.

Implementation Date / Priority:

The Master Plan will be implemented upon resolution.

Conclusion:

The CHA Master Plan Update 2019 is the key planning document for the airport and its adoption and implementation will contribute significantly to the future success of the airport.

 

 

 

 


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BS19/63       Coffs Harbour Airport Long Term Lease

Author:                        Director Business Services

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS19/63   CONFIDENTIAL Non-Binding Bids Evaluation Report

Confidential in accordance with Section 10A(2)(c),(d)(ii) of the Local Government Act as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business, and information that would, if disclosed, confer a commercial advantage on a competitor of the council.

ATT2  BS19/63   CONFIDENTIAL Airport Lease Term Sheets   

 

Executive Summary

In December 2018 Council resolved to progress the Airport Lease Model for the Coffs Harbour Airport (CHA) to the next stages of due diligence and an expression of interest for non-binding bids.

 

In May 2019 Council resolved to appoint KPMG as independent expert advisors for the airport lease process.  Since their appointment KPMG has undertaken a significant review of all relevant information and reports to date, and provided a gap analysis to inform further due diligence work required to ensure a comprehensive Information Memorandum (IM) could be provided to potential bidders for the airport lease.

 

Non-binding bids received by Council have been evaluated and are reported to Council for formal consideration.  It is recommended that Council progresses the lease process to binding bids and allocates the necessary funds.

 

A further report will be provided to Council for consideration on the outcome of the binding bids stage.

 

 

Recommendation:

That Council:

1.       Progress the Airport Lease Model to the Tender for Binding Bids Stage.

2.       Consider and adopt the recommendations as detailed in the Evaluation Report (Confidential Attachment 2).

3.       Allocate $700,000 from the Coffs Harbour Airport Business Unit Reserve to fund the lease process.

4.       Note that a further report on the outcome of the Tender for Binding Bids Stage will be provided to Council for consideration.

 

Report

Description of Item:

The Coffs Harbour Airport is currently managed through a mixed model with a Management Contract for the Airport Manager and the operations undertaken through a Council business unit.

 

In November 2017, Council endorsed the undertaking of an options study to inform consideration of future governance and management options for Coffs Harbour Airport (CHA) and during 2018 considered two consultant’s reports on the matter.  At Council’s meeting on 6 December 2018 it was resolved:

 

That Council:

 

1.    Progresses the Airport Lease model for the Coffs Harbour Airport to the next stages of preparation and due diligence, and undertake an expression of interest.

2.    Endorse the procurement of independent expert advisors to assist with advancing the airport lease process.

3.    Note that a further report on the outcome of the expression of interest will be provided to Council for consideration.

 

In May 2019 Council resolved to appoint KPMG as independent expert advisors for the airport lease process. Since their appointment KPMG has undertaken a significant review of all relevant information and reports to date, provided a gap analysis to inform further due diligence work required to ensure a comprehensive Information Memorandum (IM) could be provided to potential bidders for the airport lease.

 

The following diagram provides a high level overview of the lease process and indicative timing for future stages of the process:

 

Stage 1. Review

Gap Analysis report undertaken to understand information gaps and establish action plan for the transaction

Stage 2. Expressions of Interest and Non-Binding Bids

-  Marketing Sounding to gauge appetite and process / information expectations

-  Registration of Interest / Advertising Campaign

-  Receipt of Confidentiality Deed Polls

-  Issuance of Information Memorandum (IM) and Process Letter

-  Non-Binding Bids Formal Process (1st – 29th October 2019)

-  Bid receipt and evaluation

Stage 3. Tender for Binding Bids

Stage 4. Preferred Tenderer Lease Negotiations and Execution

Stage 5. Lease Monitoring

Jun - Aug 19                     Aug - Oct 19                                   Nov 19 - Feb 20*            Feb - Mar 20*               

* Indicative timing

 

The key elements of the Stage 2 Non-Binding Bids process are explained as follows:

 

a)    Market Sounding

 

KPMG conducted market soundings with potential infrastructure / airport investors to determine the level of market appetite and interest in the Coffs Harbour Airport Lease, in addition to confirm key transaction requirements. The key transaction requirements were incorporated into term sheets for the airport lease, reflecting the common terms of other airport leases and market expectations.

 

b)    Registration of Interest (ROI)

 

The ROI campaign was launched in parallel with formal advertising. An advertisement was prepared and listed in the Australian Financial Review on Tuesday, 27 August 2019.  In tandem, the newspaper advertisement was distributed to an email database, comprising 99 groups which either directly own / operate or have financial interests in airports both locally and globally.

 

Through the ROI process, parties that had shown interest in the opportunity or had requested further information were provided the ROI document, comprising an 8-page summary on the opportunity, with a request for interested parties to submit details.

 

c)    Non-Binding Bids - Formal Process (1 – 29 October 2019)

 

Upon receipt of a signed Confidentiality Deed Poll (CDP), the IM was issued. Parties were also offered the opportunity for KPMG to present the information contained within the IM document and discuss the long term lease opportunity.

 

KPMG and associates, Ashurst lawyers and probity advisors, OCM have worked with the Council project team to advance the lease process through to the conclusion of the Stage 2 Non-Binding Bids.  An Evaluation Plan was written for the evaluation of the non-binding bids and following clarifications and advice the Evaluation Panel scored each of the bids.  An Evaluation report has now been prepared (Confidential Attachment 1).

Issues:

Issues in relation to the non-binding bids are detailed in the Evaluation Report.

 

Term sheets for the lease and other ancillary agreements developed for Stage 2 Non-Binding Bids are provided in Confidential Attachment 2. These will be used as the basis for the Tender for Binding Bids Stage.

Options:

In relation to this report Council has the following options.

 

1.    Adopt the recommendation provided to Council and proceed to Stage 3 Tender for Binding Bids.  A further report of the outcome of this stage will be provided to Council for consideration.

2.    Reject the recommendation and advance an Airport Management Contract governance model.  This model was assessed by consultants as the next best model to pursue after a long term lease.  An airport management contract can be for five years or longer, with options to extend. In total this represents a minimum commitment in the order of say ten years.

3.    Reject the recommendation provided to Council and retain the current governance model.  This option will not provide Council with a way forward to adopt a more effective governance model for Coffs Harbour Airport.  The risks previously identified in the current model will remain.

Sustainability Assessment:

•     Environment

There are no environmental impacts as a result of the recommendation in this report to progress the airport lease model to the next stage of the process.

•     Social

There are no social impacts as a result of the recommendation in this report to progress the airport lease model to the next stage of the process.

•     Civic Leadership

The airport lease process is evidence-based and demonstrates a strategic approach to addressing existing issues and long term requirements to ensure the continued growth and prosperity of the airport.  This approach is consistent with the MyCoffs Community Strategic Plan objective:

 

-     D2.1 We effectively manage the planning and provision of regional public services and infrastructure.

•     Economic – Broader Economic Implications

Addressing the long term governance arrangements for CHA will ensure that the airport can continue its contribution to Council, services to the community and contribution to the economic growth of the region.  There are several investment and growth opportunities that the airport lease model would support, being:

 

-      Business development;

-      Enterprise Park; and

-      International operations.

•     Economic - Delivery Program/Operational Plan Implications

The cost of progressing the airport lease model through to conclusion is estimated to be in the order of $700,000. A large portion of this will need to be spent on further vendor due diligence (financial, tax, environmental and technical), lease and other agreement preparation, probity and advisory services in the binding bids stage.  This will be funded from the Coffs Harbour Airport Business Unit Reserve.

Importantly, the investment in the Non-Binding Bids and Binding Bids processes need to be considered in the context of the likely returns to Council and the community from a successful binding bid and potential lease, as identified in Confidential Attachment 1.

Risk Analysis:

The airport lease model minimises Council’s risk exposure and also provides a mechanism to advance important investment and growth opportunities without reliance on ratepayer and other public funds.  Council will be provided a further decision point at the end of Stage 3 Binding Bids; however, if a lease is negotiated broadly in line with non-binding bids, it would be unreasonable for Council to not negotiate and finalise a lease agreement.  Withdrawing at the end of binding bids may present reputation and financial risks if Council is deemed not to have acted in good faith.

Consultation:

Two briefings have recently been provided to Councillors, one on the non-binding bids process, lease structure and key terms, and one on the binding bids received by Council and the evaluation.

Related Policy, Precedents and / or Statutory Requirements:

CHA’s land holdings are freehold property classified as operational land.  The land holdings are subject to a Deed of Agreement with the Commonwealth.  Initial legal due diligence has been undertaken to ensure statutory and regulatory requirements are met under any lease.

Implementation Date / Priority:

Once Council adopts the recommendation, process letters will be issued to commence the binding bids stage.  It is expected that this stage will take 2-3 months to complete.

Conclusion:

The airport lease process has now been progressed through to non-binding bids.  These have been evaluated and are reported to Council for formal consideration.  It is recommended that Council progresses the process to binding bids and allocates the necessary funds.

 

A further report will be provided to Council for consideration on the outcome of the binding bids stage.

 

  


SC19/55       Coffs Harbour Local Growth Management Strategy - Chapters 1 to 4 and Chapter 6 - State Government Feedback

Author:                        Section Leader Local Planning

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC19/55   Letter from NSW Department of Planning, Industry and Environment 

ATT2  SC19/55   Coffs Harbour Local Growth Management Strategy Chapter 6   

 

Executive Summary

Council at its Ordinary Meeting of 22 August 2019 resolved to adopt Coffs Harbour Local Growth Management Strategy - Chapters 1 to 4 - Strategic Approach as well as Coffs Harbour Local Growth Management Strategy - Chapter 6 - Large Lot Residential Lands. Additionally, Council resolved to seek endorsement of the two documents from the State government.

The purpose of this report is to present the response from NSW Department of Planning, Industry and Environment (DPIE), which requests Council to address two issues before they can consider endorsing the subject chapters (Attachment 1). Council needs to provide a reply to DPIE. Endorsement of these chapters of the strategy by DPIE is necessary before Council can use the documents to inform planning proposals and strategic directions of Council.

No changes are proposed to Chapters 1 to 4 or Chapter 6 in response to the letter from DPIE.

 

Recommendation:

That Council:

1.       Note the issues raised in the letter from NSW Department of Planning, Industry and Environment dated 14 October 2019 (Attachment 1).

2.       Confirm the Korora, West Sapphire and Moonee Beach Candidate Area within Coffs Harbour Local Growth Management Strategy - Chapter 6 - Large Lot Residential Lands in the large lot residential land release program (as outlined in Attachment 2).

3.       Seek endorsement from NSW Department of Planning, Industry and Environment for Coffs Harbour Local Growth Management Strategy - Chapters 1 to 4 - Strategic Approach and Chapter 6 - Large Lot Residential Lands.

 

Report

Description of Item:

At Council’s Ordinary Meeting of 22 August 2019, it was resolved:

That Council:

1.    Adopt Coffs Harbour Local Growth Management Strategy - Chapters 1 to 4 (Attachment 1).

2.    Seek endorsement from NSW Department of Planning, Industry and Environment for Coffs Harbour Local Growth Management Strategy - Chapters 1 to 4 (Attachment 1).

3.    Notify Council’s decision to those that made a submission to draft Coffs Harbour Local Growth Management Strategy - Chapters 1 to 4.

At that same Council meeting, it was also resolved:

That Council:

1.    Adopt the Coffs Harbour Local Growth Management Strategy – Chapter 6 Large Lot Residential Lands subject to retaining the existing requirement for horticulture to require consent in the R5 zone.

2.    Seek endorsement from NSW Department of Planning, Industry and Environment for Coffs Harbour Local Growth Management Strategy – Chapter 6 Large Lot Residential Lands pursuant to Direction 24 of the North Coast Regional Plan 2036.

3.    There be an immediate review of Council’s Fees and Charges such as to ensure that they are fair and reasonable for proponent based applications for an amendment to the Coffs Harbour Local Environment Plan 2013 as amended having regard to the number of landowners constituting the proponent, the area of the land involved and the proposed number of lots in any relevant subdivision.

4.    That within the next 3 years Council identify those parts of the Korora, Sapphire and Moonee Candidate Area which, subject to water supply and sewerage services are suitable for rezoning to Residential Zones R1, R2, R3 and or R4.

5.    Notify Council’s decision to those who made a submission to draft Coffs Harbour Local Growth Management Strategy – Chapter 6 Large Lot Residential Lands. 

This report relates to item 2 of each resolution, which involved seeking endorsement of these chapters of the strategy from DPIE. Endorsement is necessary before Council can use the documents to inform planning proposals and strategic decisions of Council.

A letter of response has been received from DPIE (Attachment 1) which requires Council’s clarification of two issues. These issues are discussed in the Issues section of this report.

It should also be noted that Chapter 6 was modified in response to item 1 of the resolution, to retain the existing provisions in relation to consent for horticulture within the R5 Large Lot Residential zone. The modified Chapter 6 was sent to DPIE for endorsement (Attachment 2).

Issues:

The response received from DPIE (Attachment 1) has identified two issues with the documents.

Issue 1 relates to a parcel of land south of Bonville, identified in Chapters 1 to 4 for investigation for future employment land uses. This land parcel is identified in Council’s adopted Industrial Land Component - Local Growth Management Strategy 2009. It was omitted in error from the exhibition version of Chapters 1 to 4, however it was added prior to finalising Chapters 1 to 4 for adoption by Council. This matter can readily be resolved by addressing it within the Local Growth Management Strategy Chapter 8 – Employment Lands, which is currently in preparation. This approach has been discussed and agreed upon with DPIE. No amendments will be necessary to Chapters 1 to 4 as a result of this issue.

Issue 2 relates to item 4 of Council’s 22 August 2019 resolution for Chapter 6. DPIE notes that Council has adopted the Korora, West Sapphire and Moonee Candidate Area for inclusion within the land release strategy in Chapter 6 (for investigation for Zone R5 Large Lot Residential); but at the same time has resolved that some of the subject land be investigated for residential uses within three years (zones R1 General Residential, R2 Low Density Residential, R3 Medium Density Residential and/or R4 High Density Residential). DPIE states that this is a conflicting resolution, and that the candidate area is outside of both their identified residential growth area and Council’s reticulated water and sewer strategy. DPIE has asked Council to provide certainty to landowners in the locality by nominating a single strategic vision for the candidate area (that is, by making a resolution for investigation of the subject candidate area for either residential or large lot residential land uses, but not both). 

Options:

Council has a number of options available in relation to this matter. They include:

1.       Resolve to adopt the recommendations of this report. This approach would retain the  Korora, West Sapphire and Moonee Candidate Area within the large lot residential land release program within Chapter 6. This would allow DPIE to expedite their endorsement of the candidate area for future investigations for R5 Large Lot Residential land use zones.

2.       Resolve to undertake an alternative ‘residential’ approach for the Korora, West Sapphire and Moonee Candidate Area. This approach would require a re-write of both Chapters 1-4 (to include the Korora, West Sapphire and Moonee Candidate Area within a ‘residential growth’ investigation area) and Chapter 6 (to remove the Korora, West Sapphire and Moonee Candidate Area from the large lot residential investigation area and land release program). This option would result in significant delays in finalisation of the documents and would slow down the timeframe for endorsement by DPIE. It would also require re-exhibition of both documents, as it is a different outcome to what was exhibited and communicated to landholders within the candidate area.

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

Option 1 is recommended as the suitable course of action to expedite the endorsement of Coffs Harbour Local Growth Management Strategy Chapters 1-4 and Chapter 6 by DPIE.

Sustainability Assessment:

•     Environment

Chapters 1 to 4 and Chapter 6 present a strategic direction for Coffs Harbour which is based on environmentally sustainable growth in the LGA. This reflects Council’s long-term strategic vision for the City as endorsed in the MyCoffs Community Strategic Plan and in line with the outcomes of the Place Score 2019 Report.

•     Social

Social impacts associated with managing socially sustainable increases in population growth until 2040, and evolving housing and accommodation needs are addressed in Chapters 1 to 4 and Chapter 6. This is also reflected in Council’s long-term strategic vision as identified in the MyCoffs Community Strategic Plan and the outcomes of the Place Score 2019 Report.

•     Civic Leadership

Civic leadership is demonstrated in this report by addressing the following objectives described in Council’s My Coffs Community Strategic Plan 2017:

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

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

•     Economic – Broader Economic Implications

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

•     Economic - Delivery Program/Operational Plan Implications

Chapters 1 to 4 and Chapter 6 include a number of actions to achieve the Goals, Directions and Actions of the North Coast Regional Plan 2036 and Council’s MyCoffs Community Strategic Plan. Many of these actions are already included in Council’s adopted Delivery Program.

Risk Analysis:

Council is undertaking a review of its Local Growth Management Strategy to ensure that it is up to date, relevant, and reflects the My Coffs Community Strategic Plan. Chapters 1 to 4 and Chapter 6 have been publicly exhibited. Endorsement by DPIE is necessary before Council can use the documents to inform planning proposals and strategic directions of Council.

Without resolution of the matters raised by DPIE, there is a risk that DPIE will not endorse Chapters 1 to 4 and Chapter 6. There is an expectation from the community that Council will expedite the delivery of the LGMS. The recommendations contained within this report to Council will ensure that Council continues to expedite the progress of the Local Growth Management Strategy Chapters 1-4 and Chapter 6. 

Consultation:

Extensive community consultation has been undertaken as part of the development of Chapters 1 to 4 and Chapter 6 as reported to Council on 22 August 2019. A detailed discussion on the issues raised by submissions made during the formal exhibition process for these chapters was provided in the reports to Council. People who made submissions to the various chapters during the exhibition period have been provided with a response in accordance with Council’s resolution.

Place Score

Between November 2018 and February 2019, Council consulted with the community via a Place Score place measurement tool comprising online and face-to-face surveys. Chapters 1 to 4 and Chapter 6 align with the identified liveability priorities as they seek to promote quality public spaces; walking, cycling and public transport. These chapters also seek to protect the natural environment, and facilitate affordable housing and housing diversity within the Coffs Harbour LGA.

Related Policy, Precedents and / or Statutory Requirements:

The objectives and desired outcomes of Chapters 1 to 4 and Chapter 6 aim to assist in the delivery of the vision, aims and objectives of the North Coast Regional Plan 2036 and Council’s My Coffs Community Strategic Plan. The Coffs Harbour LGMS is required to be endorsed by DPIE. The endorsed Strategy will inform the preparation of future amendments to Coffs Harbour Local Environmental Plan 2013 and Coffs Harbour Development Control Plan 2015.

Implementation Date / Priority:

Should Council resolve to adopt the recommendations of this report no further amendments to Chapters 1 to 4 or Chapter 6 will be necessary prior to seeking endorsement from DPIE. DPIE will be provided with this Council report and resolution to expedite their decision.

Conclusion:

Council at its Ordinary Meeting of 22 August 2019 resolved to adopt Coffs Harbour Local Growth Management Strategy – Chapters 1 to 4 – Strategic Approach and Coffs Harbour Local Growth Management Strategy – Chapter 6 Large Lot Residential Lands. Council also resolved to seek endorsement of the documents from the State government.

This report presents the DPIE response (Attachment 1) and addresses the two issues raised. Adoption of the recommendations contained within this report will allow Council to expedite endorsement of Chapters 1-4 and Chapter 6 by DPIE, which is necessary before Council can use the documents to inform planning proposals and strategic directions of Council. No changes are proposed to Chapters 1 to 4 or Chapter 6 in response to the letter from DPIE.

 


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SC19/56       Review of Council’s Fees and Charges for Proponent Initiated Planning Proposals

Author:                        Senior Planner/Urban Designer

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC19/56   Fees and Charges Comparison for LEP Amendments  

 

Executive Summary

Council at its Ordinary Meeting of 22 August 2019 resolved to adopt Coffs Harbour Local Growth Management Strategy – Chapter 6 Large Lot Residential Lands. As part of this resolution, Council also resolved to undertake an immediate review of its fees and charges that relate to requests to amend Coffs Harbour Local Environmental Plan 2013 (i.e. proponent initiated planning proposals).

The purpose of this report is to present the findings of this review and to seek endorsement from Council to retain its current fees and charges that relate to proponent initiated planning proposals, on the basis that they are fair and reasonable, and comparable to other regional cities on the North Coast of NSW.

 

Recommendation:

That Council:

1.       Note the findings of a review of Council’s fees and charges where they relate to proponent initiated amendments to Coffs Harbour Local Environmental Plan 2013 (Attachment 1).

2.       Retains its existing fees and charges where they relate to proponent initiated amendments to Coffs Harbour Local Environmental Plan 2013.

 

Report

Description of Item:

At Council’s Ordinary Meeting of 22 August 2019, it was resolved:

That Council:

1.   Adopt the Coffs Harbour Local Growth Management Strategy – Chapter 6 Large Lot Residential Lands subject to retaining the existing requirement for horticulture to require consent in the R5 zone.

2.   Seek endorsement from NSW Department of Planning, Industry and Environment for Coffs Harbour Local Growth Management Strategy – Chapter 6 Large Lot Residential Lands pursuant to Direction 24 of the North Coast Regional Plan 2036.

3.   There be an immediate review of Council’s Fees and Charges such as to ensure that they are fair and reasonable for proponent based applications for an amendment to the Coffs Harbour Local Environment Plan 2013 as amended having regard to the number of landowners constituting the proponent, the area of the land involved and the proposed number of lots in any relevant subdivision.

4.   That within the next 3 years Council identify those parts of the Korora, Sapphire and Moonee Candidate Area which, subject to water supply and sewerage services are suitable for rezoning to Residential Zones R1, R2, R3 and or R4.

5.   Notify Council’s decision to those who made a submission to draft Coffs Harbour Local Growth Management Strategy – Chapter 6 Large Lot Residential Lands.

In accordance with Item 3 of this resolution, a review of Council’s fees and charges that relate to requests to amend Coffs Harbour Local Environmental Plan (LEP) 2013 (i.e. proponent initiated planning proposals) has been undertaken.

This review has taken into consideration: the purpose of Council’s fees and charges for this function; Council’s role in processing requests to amend Coffs Harbour LEP 2013; and how comparable North Coast regional city councils apply fees and charges for proponent initiated planning proposals.

Issues:

·     Council’s Role in the LEP Amendment Process

Council’s role as the Relevant Planning Authority for proponent initiated requests to amend Coffs Harbour LEP 2013 is complex and lengthy, involving project management, assessment of technical reports, preparation of planning proposals, community and agency consultation, and detailed administrative functions (i.e. Council reports, briefings, spatial mapping, negotiations with Parliamentary Counsel on legal drafting, public exhibition and notification). This detailed and lengthy process is reflected in Council’s adopted fees and charges as milestones (steps).

·     User pays principle

On 27 June 2019, Council adopted its 2019/2020 Fees and Charges, which set out the fees that Council may charge and recover for an approved fee for the services it provides. Council’s pricing policy within its adopted fees and charges for requests to amend Coffs Harbour LEP 2013 is based on the ‘User Pays Principle’ (i.e. services where individual costs can be determined and met by the user of the service). Under ‘full cost-recovery pricing’, the price for the service is set to recover the total operating costs, both direct and indirect, of providing this service.

Under the user pays principle, fees are introduced to offset the cost of service provision, in order to support the provision of services and to alleviate the burden that would otherwise be unfairly placed upon ratepayers. In the case when a proponent initiated request to amend Council’s LEP benefits a single or limited number of land owners, most Councils ask that those who benefit to pay the costs of this process.

·     Adopted Fee Structure

Council’s adopted fees and charges for proponent initiated requests to amend Coffs Harbour LEP 2013 are set up to provide two pathways, and the pricing structure is based on the complexity of the proposal. A proponent can choose to make a one off discounted payment for the whole process (excluding the initial payment for a pre-lodgement meeting), or alternatively they may choose to make payments for each step in the process to reduce their risk where the proposal may be highly complex and the outcomes are uncertain.

Minor amendments to Coffs Harbour LEP 2013 are those which require minimal changes and do not necessitate the preparation of specialist studies. Major amendments are those which comprise highly constrained land and/or other complex issues necessitating the preparation of technical reports. Major amendments are divided into three categories in Council’s fees and charges (A, B, C), with each category attracting a different charge.

Type

Characteristics

Major Type A

Single site or issue generally consistent with Council's strategic planning framework or planning directions and where no specialist studies are required (fee to be paid prior to seeking Gateway Determination with no refund provision).

Major Type B

Multiple sites or issues generally consistent with Council's strategic planning framework or planning directions and where specialist studies are required (fee to be paid prior to seeking Gateway Determination with no refund provision; and specialist studies to be funded at cost by the applicant).

Major Type C

Complex application inconsistent with strategic planning framework or planning directions and where specialist studies are required (fee to be paid prior to seeking Gateway Determination with no refund provision, payable by progress payments depending on complexity and process phases involved; and specialist studies to be funded at cost by the applicant).

Fees and charges for proponent’s initiating Minor amendments to Coffs Harbour LEP 2013 are $10,263. Proponent’s initiating a Major amendment to Coffs Harbour LEP 2013 have the option to pay a fixed fee of $29,708 (including a pre-lodgement fee). This fixed fee does not include the preparation of specialist studies that may be required as part of the amendment process or any information search required at the pre-lodgement stage. This option provides a saving of between $1,485 to $9,453 (depending on the type) as opposed to the staged payment option.

Alternatively, the staged payment option for Major amendments using the milestone payments for each step ranges from $31,193 to $39,161 depending on the complexity of the proposal (see table 1). This staged payment structure is an option available to proponents to assist in reducing financial risk during the amendment process where the proposal is highly complex and thus the outcomes are uncertain. The fees listed in Table 1 do not include the preparation of specialist studies that may be required as part of the amendment process or any information search required at the pre-lodgement stage.

Table 1. Current Fees and Charges - Proponent Initiated Requests to Amend Coffs Harbour LEP 2013

Step

Minor Amendment

Major Type A Amendment

Major Type B Amendment

Major Type C Amendment

One Off Payment

Pre_Lodgement

228

228

228

228

228

Pre_Gateway

(Peer Review)

 

 

6,000

8,950

8,950

8,950

-

Pre_Gateway

(Planning Proposal)

12,300

12,300

12,300

-

Advertising and Submissions Assessment

 

2,290

2,290

2,290

2,290

-

Post Gateway

5,680

8,950

13,648

-

Legal Drafting

1,745

1,745

1,745

1,745

-

TOTAL

$10,263

$31,193

$34,463

$39,161

$29,708

 

·     Joint report

Council at its Ordinary Meeting of 10 August 2017 resolved to adopt a Joint Report prepared by Council in conjunction with Planners North (a planning consultant representing landowners from the Korora, West Sapphire, Moonee Large Lot Residential Candidate Area within Council’s Local Growth Management Strategy). This report recommends proponent initiated LEP amendments (planning proposals) funded by the applicant for rezoning requests within this candidate area for large lot residential purposes. It is clarified in the Joint Report that the lodgement of planning proposals could be undertaken on an individual or ‘multiple lot’ basis (i.e. where a group of landholder’s lodge one application to amend Coffs Harbour LEP 2013 which applies to more than one allotment). In this regard, the LEP Amendment fees are more cost effective as they are payable for each application and not per property.

·     Fee comparison

A comparison of Council’s fees and charges for requests to amend Coffs Harbour LEP 2013 with the four regional cities identified in the North Coast Regional Plan 2036 is provided in Attachment 1 to this report. When comparing fees and charges it is important to note that each Council has a different methodology and various inclusions and exclusions, thus it is difficult to make direct comparisons.

Council’s fees and charges for Minor LEP amendments are lower than the other comparable Councils.

For Major LEP amendments, Council’s fees and charges are significantly lower than Tweed Shire Council.  In terms of Lismore, it appears that Council’s fees are broadly comparable, particularly when the time limitations and subsequent hourly rates are taken into consideration.  Whilst Council’s fees and charges for Major LEP amendments are higher than those of Port Macquarie – Hastings Council on face value, it should be noted that complex LEP amendments over multiple sites where local planning controls are not in place (i.e. Development Control Plan and Contributions Plan), are subject to a quotation based on full cost recovery. In this regard, it is difficult to make a direct comparison.

Overall, the fee comparison provided in Attachment 1 to this report demonstrates that Council’s fees and charges for proponent initiated LEP amendments are fair and reasonable, and comparable with the four regional cities in the North Coast of NSW.

Options:

Council has a number of options available in relation to this matter. They include:

1.       Resolve to adopt the recommendations of this report.

2.       Resolve to undertake an alternative approach.

3.       Resolve not to adopt the recommendations of this report,

Option 1 is recommended as the suitable course of action.

Sustainability Assessment:

•     Environment

There are no direct environmental impacts associated with the recommendations of this report, however Council’s endorsed fees and charges provide for a transparent local environmental plan amendment process and enables the proper consideration of environmental impacts associated with such proposals.

•     Social

There are no direct social impacts associated with the recommendations of this report, however Council’s endorsed fees and charges provide for a transparent local environmental plan amendment process and enables the proper consideration of social impacts associated with such proposals.

•     Civic Leadership

Civic leadership is demonstrated in this report by addressing the following objectives in Council’s My Coffs Community Strategic Plan 2017: C1.2 We undertake development that is environmentally, socially and economically responsible.

•     Economic – Broader Economic Implications

As discussed in the issues section of this report, Council’s pricing policy within its adopted fees and charges for requests to amend its LEP are based on the ‘user pays principle’ (i.e. services where individual costs can be determined and met by the user of the service). Under the user pays principle, fees are introduced to offset the cost of service provision, in order to support the provision of services and to alleviate the burden that would otherwise be unfairly placed upon ratepayers. In the case when a proponent initiated LEP amendment benefits a single or limited number of land owners, most Councils ask that those who benefit to pay the costs of this process. A reduction in the fees and charges associated with requests to amend Council’s LEP would unfairly burden ratepayers that don’t receive any gain from the proposal.

•     Economic - Delivery Program/Operational Plan Implications

Council’s role as the Relevant Planning Authority for proponent initiated requests to amend Coffs Harbour LEP 2013 is complex and lengthy. The fees that Council receives from proponent initiated requests to amend Coffs Harbour LEP 2013 are used to resource the amendment process. A reduction in such fees will place additional burden on existing planning staff and thus may delay the finalisation of other projects within Council’s Delivery Program and Operational Plan.

Risk Analysis:

A reduction in the fees and charges for proponent initiated requests to amend Coffs Harbour LEP 2013 will result in resourcing implications for Council’s Local Planning Section and thus may delay the finalisation of other projects within Council’s Delivery Program and Operational Plan (see previous discussion on this matter). An additional risk is that ratepayers that don’t receive any gain from the LEP amendment are unfairly burdened if Council funds the short fall for the true costs of this service.

Consultation:

A comparison of Council’s fees and charges for requests to amend Coffs Harbour LEP 2013 with four comparable regional city councils on the North Coast of NSW has been undertaken.

Related Policy, Precedents and / or Statutory Requirements:

Council’s fees and charges have been adopted in accordance with Section 608 of the Local Government Act 1993. Amendments to Coffs Harbour Local Environmental Plan 2013 are undertaken in accordance with the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000.

Implementation Date / Priority:

Nil.

Conclusion:

A review of Council’s adopted fees and charges for proponent initiated requests to amend Coffs Harbour LEP 2013 with the four comparable regional cities of the North Coast demonstrates that Council’s fees and charges are fair and reasonable. A reduction in such fees would result in resourcing implications for Council and may delay the finalisation of other projects within Council’s Delivery Program and Operational Plan.

Council offers the ability for proponents to pay the fees and charges associated with requests for amendments to Coffs Harbour LEP 2013 as milestones to reduce risk, or alternatively they can choose a discounted one-off payment option. In addition, requests for amendments to Coffs Harbour LEP 2013 are payable per application, not per property, which minimises the cost in situations where proponents submit a combined application for more than one property.

 


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SC19/57       Planning Proposal PP_2017_Coffs_002_00 to Amend Coffs Harbour LEP 2013 to Rezone Land at Pacific Street Corindi Beach - Post Exhibition

Author:                        Planner / Urban Designer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC19/57   Planning Proposal PP_2017_COFFS_002_00 Pacific Street Corindi Beach

ATT2  SC19/57   Coffs Harbour DCP 2015 - Amendment No. 6 (Corindi Beach)

ATT3  SC19/57   Gateway Determination & Alterations to Gateway Determination

ATT4  SC19/57   Government Agency Submissions

ATT5  SC19/57   CONFIDENTIAL Community Submissions

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

 

Executive Summary

At its Ordinary Meeting of 27 April 2017, Council resolved to initiate Planning Proposal (PP_2017_COFFS_002_00) to rezone Lots 371 and 372, DP 1026829, Pacific Street, Corindi Beach for residential and commercial purposes. The subject land is identified in the Coffs Harbour Local Growth Management Strategy and North Coast Regional Plan 2036 as an Investigation Area – Urban Land.

The NSW Department of Planning, Industry and Environment issued a Gateway Determination on 6 June 2017 to enable the planning proposal to proceed and in such determination requested the inclusion of Lot 38 DP 233850 within the planning proposal as it adjoins the subject land and is also identified in the Coffs Harbour Local Growth Management Strategy and North Coast Regional Plan 2036 as an Investigation Area – Urban Land.

Council at its Ordinary Meeting of 8 February 2018 further resolved to publicly exhibit associated mapping changes to Coffs Harbour Development Control Plan (DCP) 2015 concurrently with Planning Proposal (PP_2017_COFFS_002_00). Public exhibition of the planning proposal and draft DCP amendment was undertaken from 14 February 2018 to 16 March 2018.

The purpose of this report is to seek endorsement from Council of a final planning proposal which has been amended post exhibition to address issues raised by submissions (Attachment 1). This report also recommends that Council adopt Coffs Harbour Development Control Plan 2015 – Amendment No. 6 (Corindi Beach) (Attachment 2), which has also been amended post exhibition to accord with the revised planning proposal.

 

Recommendation:

That Council:

1.    Endorse Planning Proposal PP_2017_COFFS_002_00 Pacific Street Corindi Beach – Post Exhibition (Attachment 1).

2.    Delegate to the General Manager the authority issued by the NSW Department of Planning, Industry 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 PP_2017_COFFS_002_00 Pacific Street Corindi Beach – Post Exhibition.

3.    Continue to consult with the NSW Department of Planning, Industry 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 Planning Proposal PP_2017_COFFS_002_00 Pacific Street Corindi Beach – Post Exhibition.

4.    Approve Coffs Harbour Development Control Plan 2015 - Amendment No. 6 (Corindi Beach) (Attachment 2), which will come into effect when public notice of Council’s decision is made in accordance with Part 3, Division 3 of the Environmental Planning and Assessment Regulation 2000.

5.    Inform those whom made a submission to Planning Proposal PP_2017_COFFS_002_00 Pacific Street Corindi Beach – Post Exhibition and Coffs Harbour Development Control Plan 2015 Amendment Number 6 (Corindi Beach), as well as affected landowners of Council’s decision.

 

Report

Description of Item:

At its Ordinary Meeting of 27 April 2017, Council considered a report to initiate Planning Proposal PP_2017_COFFS_002_00 to rezone Lots 371 and 372, DP 1026829, Pacific Street, Corindi Beach for residential and commercial purposes. At that meeting it was resolved that Council:

1.       Endorse and forward a Planning Proposal (Attachment 1) to rezone land on Lots 371 & 372 DP 1026829 97 Pacific Street Corindi Beach, to NSW Planning and Environment seeking a “Gateway Determination”.

2.       Request that the Secretary of NSW Planning and Environment issue a written authorisation to Council to exercise delegation of the plan making functions under section 59 of the Environmental Planning and Assessment Act in respect of the Planning Proposal.

3.       Resolve to publicly exhibit the Planning Proposal and undertake government agency consultation based on the Gateway Determination issued by NSW Planning and Environment.

4.      Note that a further report will be brought back to Council for consideration following the public exhibition of the Planning Proposal.

In accordance with Items 1 and 2 of this resolution, the former NSW Planning and Environment issued a Gateway Determination on 6 June 2017 to enable the planning proposal to proceed and authorised Coffs Harbour City Council to exercise its delegation to make the plan (Attachment 3). The Gateway Determination required the inclusion of Lot 38 DP 233850 within the planning proposal as it adjoins the subject land and is also identified in the Coffs Harbour Local Growth Management Strategy and North Coast Regional Plan 2036 as an Investigation Area – Urban Land.

At its Ordinary Meeting of 8 February 2018, Council considered a further report on mapping amendments to Coffs Harbour DCP 2015 to reflect the intent of the planning proposal. At that meeting, it was resolved that Council:

1.       Endorse and publicly exhibit draft Coffs Harbour Development Control Plan 2015 Amendment No. 6 (Corindi Beach) (Attachment 1) for a minimum period of 28 days, concurrently with Planning Proposal PP_2017_COFFS_002_00.

2.       Consider a further report following the public exhibition of PP_2017_COFFS_002_00 and draft Coffs Harbour Development Control Plan 2015 Amendment No. 6 (Corindi Beach).

In accordance with Item 2 of Council’s resolution at its Ordinary Meeting of 8 February 2018, public exhibition of the planning proposal and draft DCP amendment was undertaken concurrently from the 14 February 2018 to 16 March 2018. A number of submissions were received during the exhibition period. Issues raised by submission are addressed in the issues section of this report.

The purpose of this report is to seek endorsement from Council of a final planning proposal which has been amended post exhibition to address issues raised by submissions (Attachment 1). This report also recommends that Council adopt Coffs Harbour Development Control Plan 2015 – Amendment No. 6 (Corindi Beach), which has also been amended post exhibition to accord with the amended planning proposal.

Issues:

At the conclusion of the public exhibition period, three Government agency submissions and thirteen public submissions were received by Council (Attachments 4 and 5). A summary of the issues raised by submissions is provided as follows:

·   Government Agency Submissions

In accordance with the Gateway Determination, the NSW Rural Fire Service and NSW Department of Planning, Industry and Environment (Biodiversity and Conservation Division) have been consulted in relation to the proposed LEP amendment. The NSW Department of Primary Industries – Solitary Islands Marine Park has also made a submission to the planning proposal during the exhibition period.

The NSW RFS has not raised any issues and/or any objections to the planning proposal. The NSW Department of Planning, Industry and Environment (Biodiversity and Conservation Division) has made two submissions to the planning proposal in which issues are raised in relation to water quality; a modified drainage channel running through the subject land; biodiversity; flood risk; and Aboriginal cultural heritage. A discussion on these issues is as follows:

Water Quality

Preliminary water quality modelling undertaken for the proposal indicates that future development on the subject land would be able to satisfy the strategies and requirements within the Pipe Clay Lake Estuary Management Plan and Coffs Harbour DCP 2015 that relate to water quality. Standard design and operational requirements imposed as part of any future development application would mitigate impacts from additional sewerage demand.

Drainage Channel & Biodiversity

Retaining a highly modified existing drainage channel on the land with moderate environmental values within Zone E2 Environmental Conservation or RE1 Public Recreation would result in an impractical development footprint. Similarly, the application of Zone E2 Environmental Conservation along the northern boundary of the subject land to benefit Wallum Froglet habitat would result in an impractical zoning layout and is likely to result in degraded land over time, providing no long term environmental benefit. Future development on the land would be able to manage ecological impacts provided that appropriate avoidance and mitigation actions are employed at the development application stage. A residential zone over the land also offers more flexibility for locating water quality treatment measures. This can be dealt with as part of future development applications for the land.

Flood Risk

Council staff have assessed the flood risk associated with the proposed rezoning of the subject land. It has been determined that future development of the land for residential and commercial purposes would be able to satisfy Clause 7.3 Flood Planning of Coffs Harbour LEP 2013 and Chapter E4 Flooding of Coffs Harbour DCP 2015 provided that an alternative subdivision design incorporates an overland flow path (other than within a roadway) at the development application stage. It is for this reason that the planning proposal has been amended post exhibition to expand the extent of Zone R1 General Residential so that an overland flow path can be incorporated into the design of future development on the land without encroaching on the required area for a proposed motel.

Aboriginal Cultural Heritage

The Aboriginal Cultural Heritage Assessment report that accompanies the planning proposal states that nominated representatives of the Coffs Harbour and District Local Aboriginal Land Council, the Garby Elders Aboriginal Corporation and the Jagun Aged Care Elders were consulted on the rezoning proposal and assisted with a field survey of the subject land on the 28th of November 2016. The Aboriginal Cultural Heritage Assessment report also states that there is no need for the application of any specific land use zones to protect areas of high Aboriginal cultural heritage value on the subject land. It is also noted that no further Aboriginal cultural heritage constraints be placed upon the rezoning as currently proposed. The cultural heritage management recommendations within the assessment report can be addressed as part of any future development applications for the land.

The NSW Department of Industry – Solitary Islands Marine Park recommended the use of an environmental zone for a drainage channel on the subject land and to define an appropriate area for a bioretention basin. As discussed above, this would result in an impractical zoning layout and is likely to result in degraded land over time, providing no long term environmental benefit.

·   Public Submissions

The thirteen public submissions made to the planning proposal raise issues in relation to: proposed land uses zones; potential traffic impacts; flood risk and drainage, Aboriginal cultural heritage, water quality and biodiversity. Issues relating to flood risk and drainage, Aboriginal cultural heritage, water quality and biodiversity are address in the summary of Government Agency Submissions above. A summary of the remaining issues is as follows:

Commercial Land Use

One public submission made to the planning proposal suggests that additional land within Zone B1 Neighbourhood Centre would negatively impact on existing local businesses in Corindi Beach. Conversely, another public submission made to the planning proposal is supportive of additional commercial land on the subject site and notes the positive benefits that could be realised from additional local services, including a medical centre. Demand and supply analysis indicates that additional commercial land is required in Corindi Beach to support projected growth to 2040.

Tourist & Visitor Accommodation Land Use

Another issue raised by public submissions relates to the application of Zone R1 General Residential (to accommodate a motel on the subject land) and potential adverse impacts on existing caravan parks in the Northern Beaches. Corindi Beach is anticipated to grow to approximately 6000 by 2040 and thus will be able to accommodate additional tourist and visitor accommodation, particularly those catering to different market segments. Providing another accommodation option in Corindi Beach will benefit the local area through the attraction of additional tourist revenue.

Residential Land Use

Public submissions made to the planning proposal suggest that additional low density residential housing in Corindi Beach will result in amenity issues. Coffs Harbour DCP 2015 contains a number of requirements to prevent amenity issues associated with new residential development. It is therefore unlikely that the proposal will result in significant amenity impacts on existing residents. In addition, the subject land has been identified as an Investigation Area – Urban Land within the Coffs Harbour Local Growth Management Strategy since 2008 and more recently endorsed by Council for low density housing in its revised Local Growth Management Strategy as a high priority, one to four-year land release program.

Traffic

One public submission made to the planning proposal raises an issue in relation to existing and potential traffic problems in the immediate area. The Traffic Assessment provided in support of the planning proposal concludes that the proposed rezoning would not result in any significant adverse traffic impacts in the locality. Future development application would need to comply with the requirements of Coffs Harbour DCP 2015 in relation to traffic, access and parking.

·   DCP Map Amendments

It has been necessary to amend maps contained within Coffs Harbour DCP 2015 to align with the proposed LEP amendment. Coffs Harbour DCP 2015 - Amendment No. 6 (Corindi Beach) includes updates to the density map; front, side and rear setbacks maps; and the preservation of vegetation maps. DCP maps are shown on Council’s Online Mapping System (Geocortex) (Attachment 2).

Options:

Council has a number of options available to the planning proposal. They include:

1.   Resolve to adopt the recommendations of this report.

2.   Resolve to undertake an alternative approach.

3.   Resolve not to adopt the recommendations 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, water quality, traffic, bushfire risk, acid sulfate soils, and Aboriginal cultural heritage have been adequately 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 will result in positive social impacts within the Coffs Harbour Local Government Area.

•     Civic Leadership

The planning proposal supports the vision of the MyCoffs Community Strategic Plan ‘connected, sustainable, thriving’ and will assist in achieving the objectives of the Plan by: attracting people to work, live and visit; and by undertaking development that is environmentally, socially and economically responsible.

•     Economic – Broader Economic Implications

The planning proposal aims to facilitate residential growth and neighbourhood scale commercial development within Corindi Beach. In this regard, broad economic implications from the proposed amendment to Coffs Harbour LEP 2013 are likely to be positive for the Coffs Harbour Local Government Area.

•     Economic - Delivery Program/Operational Plan Implications

The recommendations contained within this report are unlikely to impact on Council’s Delivery Program or Operational Plan given that the LEP and DCP amendment process is being undertaken as a business as usual process.

Risk Analysis:

The subject land is identified in the Coffs Harbour Local Growth Management Strategy and North Coast Regional Plan 2036 as an Investigation Area – Urban Land. As such, the planning proposal is considered to be of low risk to Council. The public exhibition process that has been undertaken for the proposed LEP and DCP amendment (and subsequent amendment post exhibition to address issues raised by submissions) has also assisted in reducing Council’s risk.

Consultation:

Public exhibition of the planning proposal and draft DCP amendment was undertaken concurrently from the 14 February 2018 to 16 March 2018. Thirteen public submissions (Attachment 5) and three government submissions were received during the exhibition period (Attachment 4).  The issues raised by submissions are summarised in the issues section of this report. The planning proposal has been amended to address issues raised by submissions (Attachment 1). Draft Coffs Harbour DCP 2015 Amendment No. 6 (Corindi Beach) has also been amended to reflect the changes to the planning proposal.

Place Score

In early 2019, Council undertook extensive community consultation using the Place Score place-making tool. This ‘place experience’ measurement tool enabled residents and visitors within the Coffs Harbour Local Government Area to share what they most value in their neighbourhood and then to rate how their neighbourhood is performing against such values. The 2019 Place Score report was presented to Council on 11 April 2019.

Corindi Beach received a Place Score of 67, which is below the NSW average of 72 for liveability. The liveability improvement priorities identified by the Corindi Beach community include: sense of neighbourhood safety; quality of public space; evidence of recent public investment; protection of the natural environment; general condition of public open space; sense of personal safety; as well as access to neighbourhood amenities. The proposed amendment to Coffs Harbour LEP 2013 and DCP 2015 will provide well connected housing and public open space, while protecting the natural environment in Corindi Beach.

Related Policy, Precedents and / or Statutory Requirements:

Relevant Council policies and statutory requirements have been considered in the preparation of the planning proposal and draft DCP amendment, including: Environmental Planning and Assessment Act 1979; Environmental Planning and Assessment Regulation 2000; North Coast Regional Plan 2036; Coffs Harbour Local Growth Management Strategy; MyCoffs Community Strategic Plan; Coffs Harbour Local Environmental Plan 2013 and Coffs Harbour Development Control Plan 2015.

Implementation Date / Priority:

Should Council choose to endorse the planning proposal, Council’s local planning controls will be amended upon the making of the LEP. Coffs Harbour DCP 2015 – Amendment No. 6 (Corindi Beach) will come into force when public notice of Council’s decision is made in accordance with Part 3, Division 3 of the Environmental Planning and Assessment Regulation 2000. The timeframes associated with finalising the LEP amendment are subject to internal processes within NSW Department of Planning, Industry and Environment.

Conclusion:

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). The planning proposal accords with Council’s Local Growth Management Strategy and will facilitate affordable housing opportunities, whilst protecting areas of high environmental value. Sufficient planning merit for this growth area is provided within the planning proposal (Attachment 1).

 


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SC19/58       Coffs Harbour Development Control Plan 2015 - Amendment No. 13 (Housekeeping 4) - Post Exhibition

Author:                        Planner/Urban Designer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC19/58   DCP 2015 Amendment No. 13 (Housekeeping 4) - Post Exhibition  

 

Executive Summary

Coffs Harbour Development Control Plan 2015 (‘DCP 2015’) came into force on 21 October 2015 and gives effect to Coffs Harbour Local Environmental Plan 2013 (‘LEP 2013’). To ensure that it remains up to date and facilitates positive growth outcomes for the Coffs Harbour Local Government Area (LGA), Council routinely undertakes housekeeping reviews of DCP 2015.

At its Ordinary Meeting of 25 July 2019, Council resolved to endorse and publicly exhibit draft Coffs Harbour Development Control Plan 2015 – Amendment No. 13 (Housekeeping 4) to address a resolution from Council’s Ordinary Meeting of 9 May 2019 (to release a ‘restriction on use’ that applies to Lots 32-35, DP1237515, Cobia Close, Korora). The purpose of this report is to present the outcomes of the public exhibition process for the proposed amendment and to seek approval from Council for DCP 2015 - Amendment No. 13 (Housekeeping 4).

 

Recommendation:

That Council adopt Coffs Harbour Development Control Plan 2015 – Amendment No. 13 (Housekeeping 4) in accordance with Part 3 Division 3 of the Environmental Planning and Assessment Regulation 2000 (Attachment 1).

 

Report

Description of Item:

Coffs Harbour DCP 2015 came into force on 21 October 2015 and gives effect to Coffs Harbour LEP 2013. Regular housekeeping reviews of DCP 2015 are required to ensure that it remains up to date and facilitates high quality development and positive growth outcomes within the Coffs Harbour LGA. Three housekeeping reviews of DCP 2015 have since been completed, which took effect in 2017, 2018 and 2019.

At its Ordinary Meeting of 25 July 2019, Council considered a report on a fourth housekeeping review and associated amendments to DCP 2015. At that meeting, it was resolved:

That Council:

1.   Endorse and publicly exhibit draft Coffs Harbour Development Control Plan 2015 – Amendment No. 13 (Housekeeping 4) (Attachment 1) for a minimum of period of 28 days and notify adjoining and affected property owners.

2.   Consider a further report, outlining the outcomes of public exhibition of draft Coffs Harbour Development Control Plan 2015 – Amendment No. 13 (Housekeeping 4).

Public exhibition of the draft amendment was undertaken from 21 August 2019 to 23 September 2019 in accordance with Item 1 of the resolution. No submissions were received during the exhibition period. The purpose of this report is to seek approval from Council for Coffs Harbour DCP 2015 – Amendment No. 13 (Housekeeping 4) (Attachment 1).

Issues:

No submissions were received to draft Coffs Harbour Development Control Plan 2015 – Amendment No. 13 (Housekeeping 4) during the public exhibition period.

The DCP amendment has been modified post-exhibition, to reflect the underlying zoning of the subject land. The subject land is located within Zone R1 General Residential under Coffs Harbour LEP 2013. The amended DCP controls are contained within Chapter D5 Tourist Development of DCP 2015, because Section D5 relates to land zoned R1 General Residential.

The proposed written amendments to DCP 2015 are provided in Attachment 1 to this report. Associated changes to the spatial Front Setbacks Map and Side and Rear Setbacks Map within DCP 2015 will be updated accordingly and will refer to the setback exceptions shown in Attachment 1 to this report.

Options:

Council has a number of options available in relation to this matter. They include:

1.   Resolve to adopt the recommendations of this report.

2.   Resolve to undertake an alternative approach.

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

Option 1 is recommended as the suitable course of action.

Sustainability Assessment:

•     Environment

The proposed amendments to DCP 2015 are unlikely to result in any environmental impacts.

•     Social

The proposed amendments to DCP 2015 are unlikely to result in any social impacts. The proposed amendments will address perceived amenity impacts from future development on Lots 32-35, DP1237515, Cobia Close, Korora.

•     Civic Leadership

A number of outcomes described in Council’s MyCoffs Community Strategic Plan are relevant to this report such as: undertaking development that is environmentally, socially and economically responsible; fostering informed and inspired leadership in our community; and undertaking effective engagement.

•     Place Score

In early 2019, Council undertook extensive community consultation using the Place Score placemaking tool. This ‘place experience’ measurement tool enabled residents and visitors within the Coffs Harbour Local Government Area to share what they most value in their neighbourhood and then to rate how their neighbourhood is performing against such values. The 2019 Place Score report was presented to Council on 11 April 2019.

The Coffs Harbour LGA received a Place Score of 65, which is below the NSW average of 72. Top community requests for liveability improvement priorities within the LGA included the quality of public space (footpaths, verges, parks etc.); access and safety of walking, cycling and/or public transport (signage, paths, lighting etc.); and provision of walking/jogging/bike paths that connect housing to communal amenity (shops, parks etc.).

The proposed changes to DCP 2015 support the community’s priorities as identified in Place Score, relating to ‘Look and Function’ which was the top place dimension for Coffs Harbour LGA and relates to the social characteristics of a neighbourhood (i.e. how it looks and works).

•     Economic – Broader Economic Implications

The proposed amendments to DCP 2015 are unlikely to result in any broader economic implications.

•     Economic - Delivery Program/Operational Plan Implications

Coffs Harbour Development Control Plan 2015 – Amendment No. 13 (Housekeeping 4) has been prepared as a business as usual project. In this regard, the housekeeping review has not impacted on Council’s adopted Delivery Program or Operational Plan.

Risk Analysis:

The DCP housekeeping review process reduces risk to Council, stakeholders and the community. The DCP amendment process has been undertaken in accordance with the provisions of the Environmental Planning and Assessment Act 1979 and associated Regulations.

Consultation:

Draft Coffs Harbour Development Control Plan 2015 – Amendment No. 13 (Housekeeping 4) has been publicly exhibited for a minimum period of 28 days from 21 August 2019 to 23 September 2019 in accordance with the Environmental Planning and Assessment Act 1979 and associated Regulations. No public submissions were received. The housekeeping review process has also comprised internal consultation with stakeholders across the organisation. The final amendments recommended for approval by this report address the internal comments.

Related Policy, Precedents and / or Statutory Requirements:

The DCP housekeeping amendment will be undertaken in accordance with the Environmental Planning and Assessment Act 1979 and associated Regulations. A number of other relevant policies and statutory documents will also be considered in the preparation of the amendment.

Implementation Date / Priority:

If adopted by Council, the proposed amendments to DCP 2015 will commence on the date that public notice of its approval is given in a local newspaper, or on a later date specified in the notice.

Conclusion:

This report provides Council with the results of the public exhibition of Council’s fourth housekeeping review of DCP 2015 and seeks Council’s approval of Coffs Harbour DCP 2015 – Amendment No. 13 (Housekeeping 4). No submissions were received during the exhibition of the draft amendments. The proposed housekeeping amendments will provide additional certainty and clarity for the development industry; and reduce risk to Council by ensuring that the Plan remains up to date and relevant.

 


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SC19/59       Development Application No. 0673/19 - Dual Occupancy (Detached) - Lot 2, DP 1017014, 1356 Coramba Road, Coramba

Author:                        Development Assessment Officer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC19/59   Development Application No. 0673/19 - S4.15 Evaluation Report

ATT2  SC19/59   Development Application No. 0673/19 - Plans

ATT3  SC19/59   Development Application No. 673/19 - Draft Conditions  

      

 

 

 

Executive Summary

This report provides an assessment of Development Application No. 0673/19 for a dual occupancy (detached) at Lot 2, DP 1017014, 1356 Coramba Road, Coramba.

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%.

 

Recommendation:

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 minimum separation distance between dwellings under Clause 4.2E (2) (c) of Coffs Harbour Local Environmental Plan 2013 in this particular case.

2.       Approve Development Application No. 0673/19 for a dwelling creating dual occupancy (detached) at Lot 2 DP 1017014, 1356 Coramba Road, Coramba subject to the conditions provided in Attachment 3.

 

REPORT:

Applicant:

Ms S Luck

Land:

Lot 2 DP 1017014, 1356 Coramba Road, Coramba

Zone:

RU2 Rural Landscape

Description:

Dwelling creating dual occupancy (detached)

Description of Item:

•     The Site

The site is 1356 Coramba Road (Lot 2, DP 1017014) Coramba. The site comprises an area of 40.48 hectares consisting of three parts, dissected by Coramba Road and an unformed road reserve, as shown below.

Existing vehicular access is available to the site off Coramba Road.

The site is currently developed with a dwelling (approved under Development Consent 0384/04DA) and ancillary structures.

The land is vegetated in parts and contains cleared areas which are currently used for grazing of stock.  The land is mapped as containing secondary and tertiary koala habitat, which largely corresponds with the vegetated areas of the land. 

•     The Development

The proposed development involves a detached dual occupancy. The dwelling is proposed to be located 80 metres to the north west of the existing dwelling.

The development proposes to utilise the existing vehicular access off Coramba Road, with a new internal driveway to be constructed between the existing driveway and the proposed dwelling.

Issues:

The main assessment issue for the proposed development is:

-     The 50 metre separation distance of dual occupancies in Zone RU2 development standard under clause 4.2E (2)(c) of the Coffs Harbour Local Environmental Plan 2010; the development does not comply.

This, and other assessment issues, is detailed in the Section 4.15 Evaluation Report provided as Attachment 1 to this report. 

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

The proposed development 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 notified in accordance with the requirements of the Coffs Harbour Development Control Plan 2015 for a period of 14 days.  No submissions were received.

Related Policy, Precedents and / or Statutory Requirements:

The statutory instruments relevant to the development include the following:

-     Environmental Planning and Assessment Act 1979

-     Environmental Planning and Assessment Regulation 2000

-     State Environmental Planning Policy No 55 — Remediation of Land

-     State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

-     Coffs Harbour Local Environmental Plan 2013

-     Coffs Harbour Development Control Plan 2015

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.

 


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SC19/60       Northern Regional Planning Panel - Development Application No. 0418/19 - Electricity Generating Works (Solar Farm) And Associated Structures - Lot 37 DP752808 and Lot 100 DP134747, 54 Ferretts Road and Lot 354 DP617156, 25 Coldwater Creek Road, Nana Glen

Author:                        Development Assessment Officer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC19/60   Northern Regional Planning Panel Assessment Report      

 

 

Executive Summary

The purpose of this report is to advise that a development assessment report, prepared by Council, for Development Application No. 0418/19, has been lodged with the Northern Regional Planning Panel.

The proposed development is for an Electricity Generating Works (Solar Farm) and associated structures at 54 Ferretts Road (Lot 37 DP752808 and Lot 100 DP134747) and 25 Coldwater Creek Road (Lot 354 DP617156), Nana Glen.

The development constitutes ‘Private infrastructure and community facilities with a capital investment value of over $5 million’. The estimated cost of the overall development is $16 million.  It is identified as ‘regionally significant development’, pursuant to Clause 20(1) of the State Environmental Planning Policy (State and Regional Development). Accordingly, the development is required to be determined by the Northern Regional Planning Panel and not Council.

A copy of the development assessment report that has been provided to the Panel is appended to this report.  The report recommends that the Panel refuse the application. It is recommended that the content of this report be noted by Council.

 

Recommendation:

That Council note the report.

 

REPORT:

Applicant:

Rio Indygen Utility Ltd

Land:

54 Ferretts Road (Lot 37 DP752808 and Lot 100 DP134747) and 25 Coldwater Creek Road (Lot 354 DP617156), Nana Glen

Zone:

RU2 Rural Landscape and E2 Environmental Conservation

Description:

Electricity Generating Works (Solar Farm) and associated structures

Description of Item:

The purpose of this report is to advise that Development Application No. 0418/19 is scheduled for consideration by the Northern Regional Planning Panel. 

•     The Site

The site comprises three parcels, two to the north and one to the south of Ferretts Rd which have a combined area of 72 hectares. 

The lots extend to Brewers Road to the west, Nana Creek to the east and adjoin other rural residential lots to the north and south.

Further detail of the proposed development is provided in the Northern Regional Planning Panel Assessment Report appended to this report as Attachment 1.

•     The Development

The proposed development is for an electricity generating works (solar farm) and associated structures on the site at 54 Ferretts Road (Lot 37 DP752808 and Lot 100 DP134747) and 25 Coldwater Creek Road (Lot 354 DP617156), Nana Glen.

The electricity generating works consists of approximately 50,000 solar panels on trackable arrays, mounted on 6250 posts across the site. Further detail of the proposed development is provided in the Northern Regional Planning Panel Assessment Report appended to this report as Attachment 1.

Issues:

The governance issues associated with the proposed development are:

-      Northern Regional Planning Panel Determination:

Clauses 20 and 21 of State Environmental Planning Policy (State and Regional Development) 2011 specifies that Council consent functions are to be exercised by regional panels for developments of a class or description included in Schedule 7 of the Policy.  This includes the determination of applications where the development constitutes “Private infrastructure and community facilities with a capital investment value of over $5 million’ for the purposes of Clause 5 (a) of the Policy.

Accordingly, the development is required to be determined by the Northern Regional Planning Panel and not Council.

-      Process for Development Applications Determined by the Northern Regional Planning Panel:

Development applications which are determined by the Northern Regional Planning Panel are lodged with Council in the normal manner.  Staff assess these applications following the normal processes, as required by the Environmental Planning and Assessment Act 1979 and Regulations.

Staff then provide a development assessment report, with recommendations, to the Panel for determination.

-      Assessment Report:

The Assessment Report is provided to the Panel Secretariat.  The report is placed on Council's website (via a link) and the Regional Panel website prior to the Regional Panel determining the application.  A copy of the Assessment Report is appended to this report.

Options:

-      The Role of Councillors:

A number of operational procedures and fact sheets have been developed by the Northern Regional Planning Panel.  The following information is relevant to Councillors role in applications determined by the Panel.

"An elected council may make a submission on a DA within their LGA that is to be determined by a planning panel up to seven days before the planning panel meeting.

After the assessment report has been forwarded to the secretariat, it may be provided to the elected council to assist in its decision as to whether it will be making a submission to the planning panel.

Councillors who are also panel members have an independent role because they have been nominated by their council as its nominee to the planning panel."

Sustainability Assessment:

•     Environment

The purpose of this report is to advise that Development Application No. 0418/19 is scheduled for consideration by the Northern Regional Planning Panel.  Matters relating to the potential environmental impacts associated with the proposed development are addressed in the development assessment report appended to this item.

·    Social

The purpose of this report is to advise that Development Application No. 0418/19 is scheduled for consideration by the Northern Regional Planning Panel.  Matters relating to the potential social impacts associated with the proposed development are addressed in the development assessment report appended to this item.

•     Civic Leadership

The purpose of this report is to advise that Development Application No. 0418/19 is scheduled for consideration by the Northern Regional Planning Panel.  Matters relating to the assessment of the proposed development are addressed in the development assessment report appended to this item.

•     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:

Risk analysis matters have been considered.  The recommendation is that Council note the content of this report and adoption of this recommendation will not result in any significant risk to Council.

Consultation:

The development was advertised and notified in accordance with the requirements of the Environmental Planning and Assessment Regulation 2000 for a period of 28 days. A total of 152 submissions (five in support, 146 objecting and one raising no objection) and a 388 signature petition against the development were received.

The matters raised in submissions are discussed in detail in Attachment 1 – NRPP Development Assessment Report.

Related Policy, Precedents and / or Statutory Requirements:

The process for assessment of development applications is a statutory process defined by the Environmental Planning and Assessment Act 1979.  This includes the statutory provisions which determine that the application will be determined by the Northern Regional Planning Panel.  A number of operational procedures, which have been developed by the Northern Regional Planning Panel, specify procedural matters for the Panel and its decisions.

The statutory considerations with respect to assessment of the development application have been addressed in the development assessment report that is appended to this item.

Implementation Date / Priority:

The Northern Regional Planning Panel has advised that this application will be considered on 4 or 5 December 2019.

Conclusion:

This report provides some detail of Development Application No. 0418/19 and the process of consideration of the application by the Northern Regional Planning Panel.

 

 


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SC19/61       2018/19 Annual Report

Author:                        Senior Corporate Planner

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC19/61   2018/19 Annual Report SECTION 1 - Significant Achievements

ATT2  SC19/61   2018/19 Annual Report SECTION 2 - Regulatory Information

ATT3  SC19/61   2018/19 Annual Report SECTION 3 - Audited Annual Financial Statements  

 

Executive Summary

Under the Local Government Act, Council is required to complete an Annual Report within five months of the end of the financial year. The legislation requires that the 2018/19 Annual Report be posted on Council’s website by 30 November 2019.

The Annual Report is tabled in three sections:

-    Section 1 provides an overview of Council’s significant achievements during 2018/19.

-    Section 2 details statutory information that is prescribed by the Local Government (General) Regulation 2005.

-    Section 3 contains Council’s audited Annual Financial Statements for 2018/19.

The Annual Report is an opportunity for Council to account to the community on the progress made in implementing its Delivery Program over the course of the financial year.

 

Recommendation:

That Council adopts the Coffs Harbour City Council 2018/19 Annual Report.

 

Report

Description of Item:

The Annual Report addresses the period 1 July 2018 to 30 June 2019.

Section 1 of the report focuses on Council’s significant achievements during the year in implementing its Delivery Program.

Section 2 of the Annual Report provides information that is prescribed by the Local Government (General) Regulation 2005. It is considered important for the community to have access to this information so it can better understand how Council has been performing both as a service provider and in providing a leadership role within the community.

Section 3 of the Annual Report contains Council’s audited Annual Financial Statements (tabled with Council on 24 October – see 2019/183).

Once adopted, it is proposed that the documents will be principally accessed via Council’s website, but printed copies will be available at Council’s usual display locations.

Issues:

1.   Section 1 of the Annual Report details the considerable record of achievement by Council and its workforce in delivering positive outcomes for the Coffs Harbour community. The reporting period saw many highlights, including:

-     The official opening of the Stage 1 upgrade of the C.ex Coffs International Stadium;

-     The completion of the Upper Shephards Lane Flood Detention Basin;

-     The opening of the new; $450,000 Bardens Bridge at Crossmaglen and the replacement of Morrows Road Bridge at Nana Glen;

-     Steady progress in the planning for a new Cultural and Civic Space in Coffs Harbour;

-     The launch of the “MyCoffs Connect” online directory supporting community groups and service providers;

-     The roll-out of the ‘Trading Places’ scheme to enhance footpath use in business areas;

-     Public consultation on the draft Coffs Harbour Local Growth Management Strategy;

-     Council endorsement of the North Boambee Valley (West) Urban Investigation Area;

-     Commencement of work on the new district park at West Coffs;

-     The staging of the 2019 Coffs Harbour Harmony Festival;

-     Community engagement and construction work on the City Square revitalisation;

-     Significant investment in upgrading all four Coffs Coast Holiday Parks;

-     The completion of water reservoir refurbishment projects at Toormina, Sapphire and Emerald Beach;

-     Extensive water, sewer and transport asset works;

-     The delivery and development of arts, cultural and library services;

-     Delivery of land management, environmental and sustainability initiatives; and

-     Delivery of a range of community, economic and sporting programs.

Council continued to win plaudits on the state, national and international stage with a range of honours in 2018/19 including:

-     Winning the globally-acclaimed International Festivals and Events Association (IFEA) World Festival and Event City Award for the fourth year in a row;

-     Coffs Harbour being named the Most Innovative Regional Council at the inaugural WAVE awards for enterprise development;

-     The Woolgoolga Town Centre Masterplan project winning the Urban Design Award at the AILA NSW Landscape Architecture Awards;

-     Council winning the Local Government NSW Award for Culture Change Innovation/Excellence for its Precinct Place Planning Strategy; and

-     Council’s Jetty4Shores Project winning the NSW Minister for Local Government’s 2018 Award for Innovation in Local Government Engineering.

2.   Section 2 of the Annual Report contains statutory information. It addresses specific reporting requirements set out in the Local Government Act, General Regulation and other legislation.

These include:

-     Overseas visits by councillors and council staff

-     Mayoral and councillor fees and expenses

-     Contracts ($150,000+) awarded by Council

-     Amounts incurred in relation to legal proceedings

-     Private works and financial assistance

-     Rates and Charges written off

-     External bodies, companies and partnerships

-     Planning Agreements

-     Environmental Upgrade Agreements

-     Equal employment opportunity activities

-     Total expenditure on General Manager and Senior Staff remuneration

-     Information on stormwater levies and charges

-     Information on companion animals management

-     Details of Assets Acquired and Held and the Condition of Public Works

-     The outcomes of programs funded through Special Rate Variations

-     Capital Works Projects

-     Government Information (Public Access) Act – Annual Report for Coffs Harbour City Council

-     Details of inspections of private swimming pools

-     Public Interest Disclosures Annual report

-     the annual summary report relating to the implementation of Council’s Disability Inclusion Action Plan

3.   Council’s audited Annual Financial Statements for 2018/19 were tabled with Council on 24 October 2019 (see 2019/183).

The financial statements consist of three distinct sections:

1.   The General Purpose Financial Statements

2.   The Special Purpose Financial Statements

3.   The Special Schedules

The General Purpose Financial Statements, Special Purpose Financial Statements and Special Schedules are presented as part of Council’s Annual Report in accordance with statutory and regulatory requirements.

Options:

As this report is to enable compliance with a legislative requirement and the public release of an information resource for Council and the community, an option analysis is not required.

Sustainability Assessment:

•     Environment

Apart from energy and printing costs associated with compiling the report, there are no environmental impacts flowing from the preparation of the Annual Report. However, environmental issues are considered within the Annual Report.

•     Social

The Annual Report details the community benefit of the works and services undertaken by Council through the year reported. The publication of an Annual Report, detailing Council’s performance, is consistent with Council’s commitment to accountability to the community.

•     Civic Leadership

The Integrated Planning and Reporting provisions of the Local Government Act promote improved accountability as a key objective of a council’s governance structure and identify the Annual Report as a critical component in the monitoring and review process. The development of the Annual Report is an activity aligned with the MyCoffs Community Strategic Plan objective D.1 “Our Leaders give us confidence in the future.”

•     Economic – Broader Economic Implications

There are no broad economic implications associated with compiling the report.  However, the report includes information relating to Council activities aimed at stimulating the economic sustainability of the Coffs Harbour local government area.

•     Economic - Delivery Program/Operational Plan Implications

The delivery of the Annual Report is accommodated within Council’s yearly budget for Corporate Planning and Performance Reporting.

Risk Analysis:

The preparation of an Annual Report is a legislative requirement. A risk analysis is not applicable in this instance.

Consultation:

Appropriate input from all Council directorates has been sought and included in the 2018/19 Annual Report. Much of the information in Section 1 of the Annual Report has been edited from the comprehensive Six-Monthly Progress Reports on the Coffs Harbour City Council 2017-2021 Delivery Program, tabled with Council for the periods July to December 2018 and January to June 2019.

Related Policy, Precedents and / or Statutory Requirements:

Sections 406 and 428 of the Local Government Act 1993 require Council to produce an Annual Report by 30 November each year. Additional information is required in accordance with Local Government (General) Regulation 2005 Clauses 132 and 217, Companion Animals Act 1998, Environmental Planning and Assessment Act 1979, Swimming Pools Act 1992 and Regulation 2008, Public Interest Disclosures Act 1994, Government Information (Public Access) Act 2009 and Regulation, and Disability Inclusion Act 2014.

Implementation Date / Priority:

Subject to Council approval, the 2018/19 Annual Report will be posted on Council’s website (and the Office of Local Government will be advised) by 30 November 2018 in line with statutory requirements.

Conclusion:

The 2018/19 Coffs Harbour City Council Annual Report identifies significant achievements or challenges recorded during the financial year.

 

While it satisfies a legislative requirement, the report is a valuable resource to assist the community to understand the services and facilities that Council provides. It is recommended that Council adopt the 2018/19 Annual Report for public release.

 


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