Coffs Harbour City Council

20 May 2020

 

Ordinary Council Meeting

 

The above meeting will be held remotely via audio-visual link on:

 

Thursday, 28 May 2020

 

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

 

  

Rescission Motion

RM20/01         RESCISSION MOTION - Request for Review of Determination – Development Application No. 0419/19 - Multi-Dwelling Housing (8 units) Strata Subdivision, Demolition of Existing Dwelling, Consolidation and Re-Subdivision of Land - Lot 21, DP 20607, Lot 20, DP 20607 and Lot 1, Sec 23, DP 19360, 2 Fourth Avenue, Sawtell............... 3

Notices of Motion General

NOM20/07      Research Options to Conduct a By-Election...................................... 119

General Manager's Reports

GM20/10         Code of Conduct Review Panel.................................................................. 120

Directorate Reports - Business Services

BS20/31          Bank and Investment Balances for April 2020..................................... 123

BS20/32          Quarterly Budget Review Statement for March 2020.................... 144

BS20/33          Loan Borrowing - Offsite Storage Facility......................................... 164

Directorate Reports - Sustainable Communities

SC20/24          Project Update – Coffs Harbour Place and Movement Strategy 167

SC20/25          Planning Proposal PP_2019_COFFS_001_00 Application to Amend Coffs Harbour LEP 2013 to Rezone Land - Lot 111 DP 730304, 7 Tasman Street, Corindi Beach - Post Exhibition.................................................................. 200

SC20/26          Development Application No. 0603/20 - Dwelling Resulting in Detached Dual Occupancy - Lot 1, DP 1226907, 450 Crossmaglen Road, Bonville................................................................................................................ 611  

Questions on Notice

QON20/04      Proposed Cost - Gordon Street Streetscape Works.................... 641  


RM20/01      RESCISSION MOTION - Request for Review of Determination – Development Application No. 0419/19 - Multi-Dwelling Housing (8 units) Strata Subdivision, Demolition of Existing Dwelling, Consolidation and Re-Subdivision of Land - Lot 21, DP 20607, Lot 20, DP 20607 and Lot 1, Sec 23, DP 19360, 2 Fourth Avenue, Sawtell

Attachments:              ATTA RM20/01  14 May 2020 Report - Request for Review of Determination - Development Application No. 0419/19 - Multi-Dwelling Housing  (8 Units) Strata Subdivision, Demolition of Existing Dwelling, Consolidation and Re-Subdivision of Land

ATT1  RM20/01  Development Application No. 0419/19 - s4.15 Evaluation

ATT2  RM20/01  Development Application No. 0419/19 - Plans

ATT3  RM20/01  Development Application No. 0419/19 - Draft Conditions

ATT4  RM20/01  CONFIDENTIAL Development Application No.0419.19 - 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.

ATT5  RM20/01  Development Application No. 0419/19 - Report to Council 12 September 2019 - Less Confidential Attachment 6

ATT6  RM20/01  CONFIDENTIAL Development Application No. 0419/19 - Report to Council 12 September 2019   

 

 

Councillors Townley, Rhoades and Swan, have given notice of their intention to move the following rescission motion:

 

rescission Motion

That the resolution 2020/96 titled Request for Review of Determination – Development Application No. 0419/19 - Multi-Dwelling Housing (8 units) Strata Subdivision, Demolition of Existing Dwelling, Consolidation and Re-Subdivision of Land - Lot 21, DP 20607, Lot 20, DP 20607 and Lot 1, Sec 23, DP 19360, 2 Fourth Avenue, Sawtell that was passed at the Ordinary Meeting of Council on 14 May 2020 be rescinded.

 

If the motion is successful, they intend to move the following:

 

That Council:

1.    Refuse Development Application No. 0419/19 for a Multi-Dwelling Housing (8 units) Strata Subdivision, Demolition of Existing Dwelling, Consolidation and Re-Subdivision of Land - Lot 21, DP 20607, Lot 20, DP 20607 and Lot 1, Sec 23, DP 19360, 2 Fourth Avenue, Sawtell on the basis of;

1.1     unacceptable impacts on local traffic,

1.2     unacceptable impacts on flooding,

1.3     unacceptable impacts on neighbourhood amenity,

1.4     not being in the public interest.

2.    Advise persons who made a submission to DA 0419/19 of Council’s decision.

 


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NOM20/07   Research Options to Conduct a By-Election

Attachments:          Nil

 

Motion:

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

"That Council research and investigate ALL options to conduct a By-Election to fill the vacancy on Coffs Harbour City Council.  ALL options such as in person, electronically, postal or by any means acceptable to the electoral laws and rules within NSW.  This report to be presented Back to Council as a matter of urgency.  Should the NSW Electoral Commission not be in a position to conduct an election there are other organisations that provide these services such as The Australian Electoral Company."

 

Rationale:

“A good and strong cross section of ratepayers within our community have expressed their disappointment that the elections set down for later this year have been put back 12 months until September 2021. By that time this means Coffs Harbour City Council has been one Councillor short for nearly 4 years. Our community have expressed that this is not acceptable. Councillors have an opportunity to rectify this situation by supporting this Motion.”

Staff Comment:

A report can be provided following receipt of statutory advice from both the Office of Local Government and New South Wales Electoral Commission.

  


GM20/10      Code of Conduct Review Panel

Author:                        Governance Coordinator

Authoriser:                  Group Leader Governance

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

Attachments:              ATT1  GM20/10  CONFIDENTIAL Expression of Interest EOI-1227-TO Confidential Recommendation

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

 

Executive Summary

In accordance with Part 3 of Council’s adopted Procedures for the Administration of the Model Code of Conduct (Procedures), Council must resolve to establish a panel of conduct reviewers.  The purpose of the panel is to have suitably qualitied and experience persons available to review and investigate Local Government Code of Conduct matters. Coffs Harbour City Council coordinated the expression of interest (EOI) on behalf of Mid North Coast Regional Organisation of Councils (MIDROC) which includes Bellingen Shire, Clarence Valley and Nambucca Valley Councils to establish a new conduct review panel.  The purpose of this report is to present the results of the EOI and seek appointment of the nominated recommended panel members.

 

Recommendation:

That Council:

1.   Adopts the recommendation regarding the appointment of a panel of Conduct Reviewers for Local Government Code of Conduct matters as detailed within the Confidential Attachment.

2.   The resolution remain confidential until each MIDROC Council has adopted the recommendation for their individual council.

 

Report

Description of Item:

The Office of Local Government issued the model Code of Conduct and Procedures in December 2019 and Council adopted the new Code of Conduct and Procedures on 11 April 2019.  These procedures detail the requirements for Councils to appoint a conduct review panel using a prescribed process.

 

Coffs Harbour City Council coordinated the expression of interest (EOI) on behalf of MIDROC which includes Bellingen Shire, Clarence Valley and Nambucca Valley Councils.  The purpose of the EOI was to seek applications from suitably qualified independent persons to serve as Conduct Reviewers of Local Government Code of Conduct for the MIDROC Councils.  The EOI period started Tuesday 25 February 2020 and closed Wednesday 18 March 2020.  During this time, the EOI was advertised through Tenderlink and an advertisement was placed in both the Coffs Harbour Advocate and the Sydney Morning Herald.  During this period, 18 applications were received.

 

The applications were evaluated by staff from Coffs Harbour City, Bellingen Shire, Clarence Valley and Nambucca Valley Councils on Tuesday 5 May 2020.

 

The evaluation of applications was completed against the following criteria:

 

1.    Demonstrated understanding and experience in local government, the principles of procedural fairness and ethical decision making and the requirements of the Public Interest Disclosures Act 1994;

2.    An understanding of the Model Code of Conduct for Local Councils in NSW and the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW;

3.    Ability to conduct investigations, review conduct matters and prepare reports outlining findings and recommendations;

4.    Knowledge and experience of one or more of the following:

a)    law

b)    public administration

c)    public sector ethics

d)    alternative dispute resolution

5.    Compliance with eligibility requirements for membership of a panel of conduct reviewers under clause 3.6 of Procedures for the Administration of the Code of Conduct;

6.    Ability to communicate effectively and work in partnership with officers of Council.

 

Appointment is for up to 4 years, after which, Council will need to conduct another EOI and establish a new panel.

Issues:

Previously, membership on a panel was by person only.  The new procedures now allow incorporated or other entities to be appointed to a council’s panel.  However, council must be satisfied that all persons who will conduct the functions of a conduct reviewer for the entity meet the selection and eligibility criteria under clause 3.6 of the Procedures.

 

A number of recommended conduct reviewers meet the above criteria.

Options:

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

 

1.    Adopt the recommendation provided.

2.    Amend the recommendation, noting that care should be taken with this option to ensure Council is not at risk of breach any legislative requirements. 

3.    Reject recommendation which potentially places Council in difficult situation where we may not comply with the Procedures.

Sustainability Assessment:

•     Environment

There are no environmental issues associated with this report.

•     Social

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

•     Civic Leadership

Establishing an independent panel of Conduct Reviewers is important for community confidence in Council.  It enables Council to receive, identify and appropriately respond to allegation of conduct breaches.  This is consistent with the MyCoffs Community Strategic Plan Strategy D.1 Our leaders give us confidence in the future.

•     Economic – Broader Economic Implications

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

•     Economic - Delivery Program/Operational Plan Implications

This EOI provides Council with a panel of Conduct Reviewers at competitive market tested pricing.

Risk Analysis:

There are no significant risks to adopting the conduct review panel.

Consultation:

Throughout the EOI process, Coffs Harbour City Council have been in discussion with representatives of Bellingen Shire, Clarence Valley and Nambucca Valley Councils.

Related Policy, Precedents and / or Statutory Requirements:

The requirements for establishing Conduct Review Panels is detailed in Part 3 of the Procedure for the Administration of the of the Code of Conduct.

Implementation Date / Priority:

Immediately.

Conclusion:

That Council appoint the recommended Conduct Reviewers as detailed in the recommendation.

  


BS20/31       Bank and Investment Balances for April 2020

Author:                        Section Leader Financial Planning

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS20/31   Investment Performance Report for the Month Ended 30 April 2020  

 

Executive Summary

Council’s Bank Balances and Investments as at 30 April 2020 totalled $214,823,295.70.  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 Delivery Program and associated Operational Plans.

 

 

Recommendation:

That Council note the bank balances and investments totalling $214,823,295.70 (including from loans, Developer Contributions and other avenues that form the restricted accounts and are committed for future works) as at 30 April 2020.

 

Report

Description of Item:

A copy of the state of Bank Balances and Investments as at 30 April 2020 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 April 2020 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

Included in the monthly report is a summary of Council’s Socially Responsible Investment Performance (refer Attachment 1).

•     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 Delivery Program and associated Operational Plans.

•     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 30 April 2020, it is noted that the total bank and investment balance was $214,823,295.70 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.  Council officers have considered the risk to its portfolio in light of the recent COVID-19 pandemic.  Council has portfolio policy limits and risk management related strategy that provide protection against exposure to investment related risks.  Council also has maximum holding limits based on credit quality and counterparty limits and there is not considered to be a significant increase in these risks at this point in time.

 

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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BS20/32       Quarterly Budget Review Statement for March 2020

Author:                        Senior Finance Business Partner

Authoriser:                  Director Business Services

Coffs Harbour 2030:   LC3 We have strong civic leadership and governance

Attachments:              ATT1  BS20/32   QBRS Budget Variations for the Quarter ended  March 2020

ATT2  BS20/32   QBRS Reports for the Quarter ended March 2020  

 

Executive Summary

The Office of Local Government has developed a minimum set of budget reports to assist Council in meeting their legislative requirements under Clause 203 of the Local Government (General) Regulation 2005.  This regulation requires a Council’s Responsible Accounting Officer to submit quarterly budget review statements to the governing body of Council.  These statements are contained within the attachments to this report.

 

This report summarises the proposed budget adjustments for the quarter and the impact upon the projected budget position for the current financial year.

 

COVID-19 has introduced an element of uncertainty into the budget review process.  Financial adjustments and policy positions are continuing to be developed to ensure that Council is minimising the disruption to services and supporting the local community through the public health crisis.

 

 

Recommendation:

That Council:

 

1.    Note the Quarterly Budget Review Statement and the following estimated budget position as at 31 March 2020:

2019/20 Original Budget

2019/20 Revised Budget

2019/20 Projected Budget

2019/20 Mar YTD Actuals

 

$‘000

$‘000

$‘000

$‘000

Recurrent Revenue

 

 

 

 

Rates & Annual Charges

98,664

98,663

98,663

100,731

User Charges & Fees

44,303

52,109

45,947

35,012

Interest & Investment Revenue

5,153

5,153

5,153

4,318

Other Revenues

18,263

10,632

10,479

7,449

Grants & Contributions provided for Operating Purposes

14,184

15,401

14,957

8,868

Total Recurrent Revenue

180,567

181,958

175,199

156,378

 

 

 

 

Recurrent Expenditure

 

Employee Benefits & Oncosts

56,820

57,383

57,511

46,084

Borrowing Costs

8,814

8,773

8,773

5,571

 

2019/20 Original Budget

2019/20 Revised Budget

2019/20 Projected Budget

2019/20 Mar YTD Actuals

 

$‘000

$‘000

$‘000

$‘000

 

 

 

 

 

Materials & Contracts

119,251

136,534

132,759

69,791

Depreciation & Amortisation

45,350

45,350

45,350

34,079

Other Expenses

15,614

12,828

13,165

7,941

Less: Capitalised Expenses

(66,745)

(77,915)

(75,990)

(37,497)

Total Recurrent Expenditure

179,104

182,953

181,568

125,969

 

 

 

 

 

Net Operating (Deficit) / Surplus

1,463

(995)

(6,369)

30,409

 

 

 

 

 

Capital Revenue

 

Capital Grants, Subsidies, Contributions and Donations

22,541

22,607

22,290

13,585

Total Capital Revenue

22,541

22,607

22,290

13,585

 

 

 

 

 

Net Surplus

24,004

21,612

15,921

43,994

 

2.    Approve the following budget adjustments:

·   $5,373,498 increase in the budgeted net operating deficit;

·   $316,619 decrease in budgeted capital revenue to be received;

·   $1,925,459 decrease in the budgeted level of capital expenditure;

·   $154,052 funding from cash reserves

 

Report

Description of Item:

As part of the Integrated Planning and Reporting (IP&R) Framework for local government, the Office of Local Government has developed a minimum set of budget reports to assist Council in meeting their legislative requirements.  These documents are collectively known as the Quarterly Budget Review Statement (QBRS) and form part of the framework of Clause 203 of the Regulation.  This regulation requires a Council’s Responsible Accounting Officer to submit quarterly budget review statements to the governing body of Council.  These minimum statements are contained within the attachments to this report.

 

The Responsible Accounting Officer advises that the Quarterly Budget Review Statement 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.

 

Attachment 1 contains a list of recommended variations for the quarter ended 31 March 2020 for the consideration of the Council.  These variations are reflected in the projected budget as presented in the estimated budget position as at 31 March 2020 contained within the recommendation.

 

The end of year financial statements excludes any internal transactions which may be recorded within our financial system so as to truly reflect our financial position.  An example of such a transaction would be where the Council charges itself Rates for a property it owns.  For financial statement preparation, such a transaction would be excluded from the financial statements.  Similarly, this report is created on the same basis for consistency.

 

Attachment 1 summarises the recommended variations for the quarter ending 31 March 2020 for the consideration of the Council.  These variations are reflected in the projected budget.  Columns are included to make it clearer how variations impact the operating result, capital expenditure and the relevant funding sources.  The column definitions for the table are as follows:

 

-      Operating

Adjustment to either operating income or operating expenses, the net of which impacts the operating result.  A positive number represents a deterioration and negative number represents an improvement in the operating result.

-      Reserves – Operating

Any adjustment to either operating income or operating expenses that are offset by movements to or from Council’s restricted reserves.  A positive number represents an improvement and negative number represents a deterioration in the overall cash position.

-      Capital Expenditure

Adjustment to the level of capital expenditure.  A positive number represents an increase and negative number represents a decrease in the level of capital expenditure.

-      Capital Grants and Contributions

Adjustment to capital grants and contributions (capital revenue).  A positive number represents a decrease and negative number represents an increase in capital grants and contributions to be received.

-      Reserves – Capital

Any adjustment to either capital expenditure or capital grants and contributions that are offset by movements to or from Council’s restricted reserves.  A positive number represents an improvement and negative number represents a deterioration in the overall cash position.

 

-      Cash at Bank

Funding required from cash at bank.

Issues:

This report is tabled to meet Council’s statutory requirements.  These variations will not impact Council’s broader financial strategies.

 

The COVID-19 pandemic has impacted Council’s revenue streams through restrictions and closures imposed by government directives and decisions to support the community.  Accordingly, this Quarterly Budget Review represent the organisation’s best efforts in defining what activities and programs Council is able to progress, and the Council response to the evolving situation within the resources available.

 

The $5.374 million increase in the budgeted net operating deficit can be separated into COVID-19 impacts and non COVID-19 impacts as reconciled in the table below.  Fortunately, Council has entered the public health crisis in a strong financial position with reserves to cushion the financial impacts.

 


 

 

$'000

$'000

2019/20 Revised Budget Net Operating Deficit

(995)

COVID-19 Impacts:

Business Unit - Coffs Harbour Airport

(2,335)

Business Unit - Coffs Coast Holiday Parks

(2,076)

Business Unit - CitySmart Solutions

(354)

Other

(328)

Total COVID-19 Impacts

(5,093)

Total Non COVID-19 Impacts

(281)

Increase in Net Operating Deficit

(5,374)

2019/20 Projected Budget Net Operating Deficit

(6,369)

 

None of the capital adjustments were as a result of COVID-19 impacts.

Options:

Council’s options in relation to this report are to:

 

1.    Adopt the recommendation provided to Council.

2.    Amend the recommendation provided to Council and then adopt.  This may impact upon the projected bottom line budgeted position.

3.    Reject the recommendation provided to Council.  This would revert the budget back to its original position prior to the recommendation being sought.

Sustainability Assessment:

•     Environment

There are no perceived short or long-term environmental impacts.

•     Social

There are no perceived short or long term social impacts.

•     Civic Leadership

Council strives to reach a balanced budget position by June 30 each year in conjunction with meeting its short term priorities.

•     Economic – Broader Economic Implications

This report assesses the current year’s projected budget position only.  Any variations approved by Council are subsequently reflected in Council’s Delivery Program and may affect future economic sustainability.

•     Economic – Delivery Program/Operational Plan Implications

The original adopted budget for 2019/20 provided a net surplus of $24,004,000 and an operating surplus before capital revenue of $1,463,000.  The budget adjustments recommended in this report, together with revotes previously approved by Council and the adjustments approved in the September and December quarterly reviews, result in a projected budget net surplus of $15,921,000 and an operating deficit before capital revenue of $6,369,000.  There has been a deterioration in the operating result of $5,373,498 this quarter, with the majority of recommended changes funded by existing Council reserves.

Risk Analysis:

COVID-19 has introduced an element of uncertainty into the budget review process.  Financial adjustments and policy positions are continuing to be developed to ensure that Council is minimising the disruption to services and supporting the local community through the public health crisis.

Consultation:

Group Leaders and their relevant staff have reviewed their budgets by cost centre in consultation with Finance Business Partners.  Requested variations and variations adopted by Council have been included in the report.

Related Policy, Precedents and / or Statutory Requirements:

Under the Local Government (General) Regulation 2005, the Responsible Accounting Officer is required to submit a quarterly budget review to Council.

Implementation Date / Priority:

The approved variations will be updated in the affected budgets prior to release for review in the following month.

Conclusion:

This report summarises the proposed budget adjustments for the quarter and the impact upon the projected budget position for the current financial year.  The Responsible Accounting Officer confirms the Quarterly Budget Review Statement 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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BS20/33       Loan Borrowing - Offsite Storage Facility

Author:                        Senior Finance Business Partner

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS20/33   CONFIDENTIAL Financial Institutions' Expressions of Interest - Indicative Loan Rates

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

 

Executive Summary

At the Council meeting held on 27 June 2019 Council adopted the 2017-2021 Delivery Program and 2019/20 Operational Plan.  Included in the adopted Operational Plan was the proposed loan borrowings for 2019/20.  Council endorsed an external loan of $2,600,000 for the construction of a fit for purpose storage facility to encompass the cultural collections for both the Regional Museum and Regional Art Gallery, corporate storage and property storage capable of fulfilling Council's offsite storage requirements for the next 30 years.

 

As a result, Council has sought Expressions of Interest (EOIs) from three financial institutions in accordance with its Loan Policy. Indicative rates were received from Westpac Banking Corporation, National Australia Bank and Commonwealth Bank of Australia.  The indicative rates quoted by these financial institutions are contained within the confidential attachment.

 

From the EOIs received it is recommended that Council enter into a fixed interest rate loan agreement to borrow $2,600,000 over 10 years with the National Australia Bank.

 

 

Recommendation:

That Council:

1.    Enter into a fixed interest rate loan agreement to borrow $2,600,000 over 10 years with the National Australia Bank.

2.    Authorise the Mayor and General Manager to execute the loan agreement under the Common Seal of Council.

 

Report

Description of Item:

At the Council meeting held on 27 June 2019 Council adopted the 2017-2021 Delivery Program and 2019/20 Operational Plan.  Part of that report outlined the proposed loan borrowings for 2019/20.  Council endorsed an external loan of $2,600,000 for the construction of a fit for purpose storage facility to encompass the cultural collections for both the Regional Museum and Regional Art Gallery, corporate storage and property storage capable of fulfilling Council's offsite storage requirements for the next 30 years.  The space will also include work spaces for collection related roles, the digitisation project and associated volunteers.

 

As a result, Council has sought Expressions of Interest (EOIs) from three financial institutions in accordance with its Loan Policy.  Indicative rates were received from Westpac Banking Corporation, National Australia Bank and Commonwealth Bank of Australia.  The indicative rates quoted by these financial institutions are contained within the confidential attachment.

 

An indicative rate was not sourced from TCorp for this relatively small borrowing due to the conditions they have previously advised they would apply to Council’s Investment Policy. This would likely make their offer less competitive than an offer from a commercial lender.

Issues:

A fit for purpose storage facility is required for various sections across the organisation, including Community Programs, Industry and Destination Development, Compliance and Regulatory Enforcement, and Logistics Internal consultation has indicated that approximately 1,700 square metres of offsite storage area will be required to accommodate Council's needs into the future.

 

For the Regional Museum and Regional Art Gallery an insulated climate controlled environment is required to ensure cultural collections are protected and preserved.  This area would also include work spaces for collection related roles, the digitisation project and associated volunteers.

 

Council officers have considered a number of options to meet its requirements, including leasing and the purchase and remodelling of an existing building, and have determined that construction of a stand-alone facility is the most viable option.

Options:

The options available to Council in this matter are:

1.    Accept the offer to borrow $2,600,000 from the National Australia Bank.

2.    Reject all loan offers and seek another source of funding.  If the Council was to reject all loan offers it is unlikely alternative funding could be sourced prior to the end of financial year which would have a negative impact on the Council’s cash flow.

Sustainability Assessment:

•     Environment

The borrowing of funds is not expected to have any direct environmental implications.

•     Social

The borrowing of funds is not expected to have any direct social implications.

•     Civic Leadership

Council supports the financially sustainable outcomes for the Council and the Coffs Harbour community and seeks to minimise borrowing costs.  This assists with funding requirements for services and other projects.

Economic – Broader Economic Implications

The borrowing of funds is not expected to have any direct broader economic implications.

•     Economic - Delivery Program/Operational Plan Implications

This project and the sources of funding are included in the 2019/20 Operational Plan and 2017-2021 Delivery Program.

Risk Analysis:

The loan offers are based on a fixed interest rate for the period of the loan and therefore the Council is minimising any interest rate exposure risk as part of this borrowing.

Consultation:

The Office of Local Government has been advised of the proposed borrowing.

Related Policy, Precedents and / or Statutory Requirements:

The procedures within the Loans Policy have been met.

Implementation Date / Priority:

It is proposed to drawdown the loan by 30 June 2020.

Conclusion:

In order to meet Council’s fit for purpose offsite storage facility needs it is recommended that Council progresses the borrowing of funds.  Three EOIs have been received offering funds to fulfil Council’s loan requirements and it is recommended that Council accept the loan offer from the National Australia Bank.

 

 

 

 

  


SC20/24       Project Update – Coffs Harbour Place and Movement Strategy

Author:                        Urban Engineer

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC20/24   Coffs Harbour Place and Movement Strategy Vision

ATT2  SC20/24   Coffs Harbour Place and Movement Strategy - Project Update  

 

Executive Summary

Council at its Ordinary Meeting of 6 December 2018 noted a project scope for the preparation of a future transport strategy for the Coffs Harbour Local Government Area (LGA). The initial stages of the project scope included the development of a vision; identification of challenges and opportunities; and planning a way forward for Coffs Harbour.

The purpose of this report is to seek Council’s adoption of the vision for the strategy (Attachment 1) and to provide Council with an update by presenting the Coffs Harbour Place and Movement Strategy – Project Update which identifies opportunities, challenges and the focus areas to be considered by the forthcoming strategy (Attachment 2).

 

Recommendation:

That Council:

1.       Adopt the Coffs Harbour Place and Movement Strategy Vision (Attachment 1).

2.       Note the Coffs Harbour Place and Movement Strategy - Project Update (Attachment 2).

3.       Note that the final draft Coffs Harbour Place and Movement Strategy will be brought to Council seeking endorsement for public exhibition in the near future.

 

Report

Description of Item:

Council at its Ordinary Meeting of 6 December 2018 considered a report outlining a project scope for the preparation of a future transport strategy for Coffs Harbour. At that meeting, it was resolved:

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

In accordance with that resolution, the vision for the strategy (Attachment 1) was developed from a number of workshops conducted with Councillors, consultants and staff in early 2019. Feedback from Councillors during this process informed a name change to the strategy to capture the vision and direction, which is more about different means of movement and the importance of roads and streets in connecting and creating places. The new title ‘place and movement strategy’ rather than ‘transport strategy’ also aligns with the new road network planning approach adopted by the NSW Government. This approach acknowledges the dual function of road networks: for moving people and goods; as well as for being a place within its own right – particularly within centres.

The motto and mission statement of the preliminary draft Place and Movement Strategy is as follows:

Emerging and on the Move - towards a connected and compact city

We want to be smart about how we move people. We want to make it safe and convenient for you to walk, cycle or catch a bus … where your kids can scoot to school and our elderly can easily get around. That means sharing and improving our streets.  Great cities are made with great streets.

The motto encapsulates how an array of opportunities and developments in mobility and transport can be used to support the desired future for Coffs Harbour - connected, sustainable and thriving. The preliminary draft strategy utilises a variety of approaches to enable smarter ways to move around, and at the same time improving the places in which we live.

The Coffs Harbour Place and Movement Strategy – Project Update identifies opportunities, challenges and focus for the way forward (Attachment 2). This has involved:

-     collaborating with Transport for NSW who are providing both financial and in-kind support to jointly prepare and publish a Coffs Harbour Place and Movement Strategy. The intention is to produce a co-branded NSW Government and Coffs Harbour City Council strategy;

-     creation of a Transport Working Group comprising staff from relevant directorates to oversee development of the strategy;

-     engaging with the community, stakeholders and Councillors as detailed in the Consultation section of this report; and

-     engaging transport planning consultants to develop informing documents including: assessment of existing transport networks and land use planning strategies to identify challenges and opportunities; detailed assessments of existing pedestrian and bike plan strategies; car parking surveys; and traffic assessments.

The final Place and Movement Strategy once developed will:

-     set a jointly agreed twenty-year vision for the future of movement and transport in Coffs Harbour;

-     consider alternative options to achieve this vision;

-     include an integrated land use and transport staging strategy for the development of corridors and precincts within the Coffs Harbour local government area (LGA), including post Pacific Highway bypass; and

-     establish an agreed set of short, medium and long-term initiatives with clear responsibility for who will lead each initiative.

Issues:

Vision

The vision for the strategy aims to encourage all forms of transport, from walking and cycling to public transport to assist with reducing our car dependence and providing greater equity of mobility across our diverse community. The vision recognises the potential of emerging technologies to assist with mobility. The vision also recognises the importance of our growth patterns and street environments in creating walkable, twenty minute neighbourhoods where we can ‘live locally’; provide better opportunity for more sustainable modes of transport; and promote a more sustainable development footprint that complements our natural assets.

The vision’s objectives are captured under five themes:

-     Courageously Moving Forward – encouraging all forms of mobility to reduce car dependence;

-     City Life Village Feel – creating walkable, twenty minute neighbourhoods;

-     Creating Great Places – developing the place value of streets to support our neighbourhoods and centres;

-     Sharing our Streets – creating street environments that cater for all ages and groups; and

-     Thriving in Nature – promoting a more sustainable growth footprint connected to our natural assets.

Project Update – The Way Forward

To deliver the above vision, the Coffs Harbour Place and Movement Strategy – Project Update highlights the following:

1.    Adopting a better approach to how we create our road and street environments using the NSW Government’s Place and Movement framework.

2.    Increasing walking and cycling by committing to building more path networks with improved amenity and safe connections. This forecasts a commitment to fund walking and cycling path networks with $20 million over 10 years.

3.    Creating greener connections along our path networks and in our streets.

4.    Working with Transport for NSW and other service providers to improve our public transport networks.

5.    Improving connectivity between our City Centre and key precincts, particularly Park Beach, the Jetty and the major anchors including the airport, education campus, stadium and health campus. This includes ensuring carrying capacity and improving the street environments and developing the active transport and public transport links between them.

The forecasted commitment to increased walking and cycling includes dedicating $20 million over 10 years to walking and cycling networks and facilities. This equates to about $25 per person per year and about one to three kilometres of new path networks per year. This is a healthy budget by NSW and Australian standards. Broad benchmarking indicates we should be spending in the order of $20 to $35 per person per year. It should however be noted that this budget would be easily consumed with our existing path priorities. Coffs Harbour LGA currently has about 19 kilometres of unconstructed and unfunded ‘Priority One’ missing link paths, not to mention identified medium and lower priority paths that remain unconstructed.

The Coffs Harbour Place and Movement Strategy – Project Update also recognises that car trips will continue to be the major mode of travel for the Coffs Harbour LGA and as such, the final strategy will plan for necessary upgrades within the road network in terms of carrying capacity, intersection capacity and road safety issues. Consideration of traffic will include car parking, as traffic generation and parking are interlinked. This will include consideration of contemporary parking management strategies and complimentary strategies such as public and active transport initiatives.

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

Transport accounts for about 40% of Coffs Harbour’s carbon emissions, and driving is by far the largest contributor to the personal carbon footprint. A focus of the preliminary draft strategy is enabling an increase in active transport (walking and cycling) and public transport, which will help reduce private car trips and the associated carbon emissions.

•     Social

The Coffs Harbour Place and Movement Strategy – Project Update and the vision encourages all forms of transport, from walking and cycling to public transport, to assist with greater equity of mobility across our diverse community. This is of particular significance to some sectors of our community. Transport is reported as the third highest barrier to education and is one of the top ten barriers to employment for refugee and migrant women in Australia. Proving better connections between residential areas and key attractors (such as education facilities and key employment areas) is a priority for the active transport strategies. The final strategy will also address accessible parking and associated path networks.

•     Civic Leadership

The Vision (Attachment 1) and Coffs Harbour Place and Movement Strategy – Project Update (Attachment 2) forecasts how Council intends to achieve the vision of the MyCoffs Community Strategic Plan 'connected, sustainable and thriving' through transport related initiatives. They broadly address a large range of MyCoffs objectives and specific transport related outcomes including A2.1 (We support our community to lead healthy active lives), A2.4 (We cultivate a safe community) and C2.2 (We use resources responsibly to support a safe and stable climate).

•     Economic – Broader Economic Implications

Investment in strategic transport linkages is identified as a core direction in the draft Coffs Harbour Local Growth Management Strategy – Chapter 8 Employment Lands (currently on exhibition). The final Coffs Harbour Place and Movement Strategy will support the economic growth of the Coffs Harbour LGA and will therefore provide positive economic outcomes for the LGA.

•     Economic - Delivery Program/Operational Plan Implications

There is sufficient funding within the 2019/20 Operational Plan to develop the Coffs Harbour Place and Movement Strategy, which includes the development of movement initiatives and an action plan. Transport for NSW has also committed $20,000 towards the production of the strategy. In this regard, there are no financial implications for Council’s current 2017-2021 Delivery Program or 2019/20 Operational Plan.

The Coffs Harbour Place and Movement Strategy – Project Update forecasts the need to fund $20 million over 10 years towards walking and cycling networks and facilities. It is noted that Council’s current financial planning provides for $6 million over 10 years.  In any event, the final strategy will include other initiatives and actions that will require funding in future Delivery Programs. It will provide a prioritised implementation program with consideration of realistic budget limitations; and will include a costing analysis to assist in the development and refinement of strategies and a funding program.

Collaborating with Transport for NSW to produce a NSW Government and Council co-branded Place and Movement Strategy for the Coffs Harbour LGA will assist with aligning the initiatives and actions to NSW Government funding streams. The final strategy will not commit the NSW Government to the delivery of new infrastructure or services within the strategy that are not already funded, however it will inform projects with available funding and may lead to the development of business cases for new projects.

Risk Analysis:

The draft strategy is being developed in conjunction with an internal working group of Council staff across all Directorates, and in collaboration with Transport for NSW. It includes a staged approach with community consultation, stakeholder engagement and Council review thereby reducing Council’s risk.

Consultation:

Consultation for the development of the vision and project update has included:

-     Place Score assessment in early 2019 to capture community priorities and values across the LGA (refer to further detail on this matter below);

-     a visioning workshop with Transport for NSW, Council staff, key stakeholders and Councillors;

-     a visioning presentation to the Coffs Harbour Chamber of Commerce; and

-     a public transport focussed workshop facilitated by Transport for NSW and attended by Council staff and local bus companies.

Remaining consultation proposed for the final strategy will include working with Transport for NSW to develop an external communication package for community consultation of the draft strategy; and public exhibition of the draft strategy.

Placescore

In early 2019, Council undertook extensive community consultation using the Placescore placemaking tool to understand community priorities and values. The assessment identified the following top three liveability priorities across the LGA which are as follows:

1.    quality of public space (footpaths, verges, parks etc.);

2.    access and safety of walking, bike riding and /or public transport; and

3.    walking / jogging / bike paths that connect housing to shops, parks etc.

The assessment also identified the quality and condition of public spaces, including access, safety, walking, cycling and public transport as significant improvement priorities. These community values have been taken into consideration as part of the development of the preliminary draft strategy.

Related Policy, Precedents and / or Statutory Requirements:

The Place and Movement Strategy will be integrally linked with the Coffs Harbour Local Growth Management Strategy. The strategy’s vision and focus areas are also linked with the delivery of the vision, aims and objectives of Council’s MyCoffs Community Strategic Plan; and the NSW Government’s North Coast Regional Plan 2036, Future Transport Strategy 2056 and Regional Service and Infrastructure Plan.

Implementation Date / Priority:

Should Council adopt the preferred recommendation of this report, the strategy will be progressed in line with the following stages:

1.    Finalisation of the draft strategy - mid 2020;

2.    Exhibition and stakeholder engagement of the draft strategy - mid to late 2020;

3.    Endorsement of the final strategy (Council and Transport for NSW) – late 2020; and

4.    Publication of the final strategy - late 2020.

Conclusion:

The vision for the Coffs Harbour Place and Movement Strategy has been developed in collaboration with Councillors, Transport for NSW, consultants and staff. The vision aims to encourage all forms of transport, from walking and cycling to public transport to assist with reducing our car dependence and providing greater equity of mobility across our diverse community. The project update has been developed by identifying opportunities, challenges and focus for the way forward. The purpose of this report is to seek Council’s adoption of the Vision for the strategy (Attachment 1) and to provide Council with an update by presenting Coffs Harbour Place and Movement Strategy – Project Update which identifies opportunities, challenges and the focus areas to be considered by the strategy (Attachment 2).

 


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SC20/25       Planning Proposal PP_2019_COFFS_001_00 Application to Amend Coffs Harbour LEP 2013 to Rezone Land - Lot 111 DP 730304, 7 Tasman Street, Corindi Beach - Post Exhibition

Author:                        Planner / Urban Designer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC20/25   Planning Proposal PP_2019_COFFS_001_00 Tasman Street, Corindi Beach - Post Exhibition

ATT2  SC20/25   Coffs Harbour Development Control Plan 2015 Amendment No. 12 (7 Tasman Street, Corindi Beach)

ATT3  SC20/25   Gateway Determination

ATT4  SC20/25   Government Agency Submissions

ATT5  SC20/25   CONFIDENTIAL Public Submission

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 28 February 2019, Council resolved to initiate Planning Proposal (PP_2019_COFFS_001_00) to amend Coffs Harbour Local Environmental Plan (LEP) 2013 to rezone Lot 111 DP730304, 7 Tasman Street, Corindi Beach and the adjoining road reserve, from RU2 Rural Landscape to R1 General Residential and R2 Low Density Residential and to amend the minimum lot size to accord with the proposed land use zones. Council also resolved at the same meeting to amend Coffs Harbour Development Control Plan (DCP) 2015 maps to align with the proposed land use zones.

Public exhibition of the planning proposal and draft DCP amendment was undertaken from 29 January 2020 to 26 February 2020. The purpose of this report is to seek endorsement from Council of Planning Proposal PP_2019_COFFS_001_00 Tasman Street, Corindi Beach - Post Exhibition (Attachment 1) and approval of Coffs Harbour DCP 2015 - Amendment No. 12 (7 Tasman Street Corindi Beach) (Attachment 2).

 

Recommendation:

That Council:

1.       Endorse Planning Proposal PP_2019_COFFS_001_00 Tasman 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 Planning Proposal PP_2019_COFFS_001_00 Tasman 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_2019_COFFS_001_00 Tasman Street, Corindi Beach - Post Exhibition.

4.       Approve Coffs Harbour Development Control Plan 2015 - Amendment No. 12 (7 Tasman Street, 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_2019_COFFS_001_00 Tasman Street, Corindi Beach and draft Coffs Harbour Development Control Plan 2015 Amendment Number 12 (7 Tasman Street, Corindi Beach), as well as affected landowners of Council’s decision.

 

Report

Description of Item:

At its Ordinary Meeting of 28 February 2019, Council resolved to initiate Planning Proposal (PP_2019_COFFS_001_00) to amend Coffs Harbour Local Environmental Plan (LEP) 2013 to rezone Lot 111 DP730304, 7 Tasman Street, Corindi Beach and the adjoining road reserve, from RU2 Rural Landscape to R1 General Residential and R2 Low Density Residential and to amend the minimum lot size to accord with the proposed land use zones. Council also resolved at the same meeting to amend Coffs Harbour DCP 2015 maps to align with the proposed land use zones.

At that meeting, it was resolved that Council:

1.       Endorse and forward a Planning Proposal (Attachment 1) to rezone land on Lot 111 DP 730304, 7 Tasman 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 3.36(2) 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.       Resolve to publicly exhibit Draft Coffs Harbour Development Control Plan 2015 - Amendment No. 12 (7 Tasman Street Corindi Beach) (Attachment 2) concurrently with the associated Planning Proposal.

5.       Note that a further report will be brought back to Council for consideration following public exhibition of the Planning Proposal and Draft Coffs Harbour Development Control Plan 2015 - Amendment No. 12.

In accordance with Items 1 and 2 of that resolution, NSW Department of Planning, Industry and Environment issued a Gateway Determination for PP_2019_COFFS_001_00 on 14 August 2019 to enable the proposed LEP amendment to proceed and authorised Coffs Harbour City Council to exercise its delegation to make the plan (Attachment 3). In accordance with Items 3 and 4 of this resolution, public exhibition of the planning proposal and draft DCP amendment was undertaken from 29 January 2020 to 26 February 2020. Submissions received during the exhibition process are addressed in the issues section of this report.

The purpose of this report is to seek endorsement from Council of Planning Proposal PP_2019_COFFS_001_00 Tasman Street, Corindi Beach Post Exhibition (Attachment 1) and approval of Coffs Harbour DCP 2015 – Amendment No. 12 (7 Tasman Street Corindi Beach) (Attachment 2).

Issues:

At the conclusion of the public exhibition period for Planning Proposal PP_2019_COFFS_001_00 Tasman Street, Corindi Beach and draft Coffs Harbour DCP 2015 – Amendment No. 12 (7 Tasman Street Corindi Beach), one public submission and three Government agency/stakeholder submissions were received by Council (Attachments 4 and 5). A summary of the issues raised by submissions is provided as follows:

·    Public Submissions

The one public submission made to the proposed LEP amendment provides general support for the future subdivision of the subject land. Despite this, a number of issues are raised within the submission for consideration which are discussed below.

Amenity Impacts – Access Road

The submission raises an issue in relation to potential amenity impacts on existing residential land located opposite an indicative access road shown on a concept subdivision plan contained within Appendix 3 of Planning Proposal PP_2019_COFFS_001_00 (Attachment 1). This report seeks endorsement for the rezoning of the subject land and a corresponding reduced minimum lot size. No approval is sought for the subdivision of the land at this stage. Subdivision of the land (if the proposed LEP amendment is supported by Council) is subject to a future development application. The location of a suitable access road can be considered as part of such application. The development application process will provide an opportunity for further public consultation on this matter.

Amenity Impacts - Pub

The submission raises an issue in relation to noise impacts from patrons leaving the existing pub after closing time. This matter is an operational issue for the pub and is not relevant to the proposed LEP amendment. As such, this matter has been referred to Council’s Compliance, Regulatory and Enforcement Section for action as appropriate. 

Type of Tourist and Visitor Accommodation

The submission questions the style of accommodation to be located on the land within proposed Zone R1 General Residential. As discussed previously, this report seeks endorsement for the rezoning of the subject land and a corresponding reduced minimum lot size. No approval is sought for the development of the land at this stage, as this is subject to a future development application. The development application process will provide an opportunity for further public consultation on this matter.

·    Agency & Stakeholder Submissions

In accordance with the Gateway Determination, the NSW Rural Fire Service, NSW Department of Planning, Industry and Environment (Biodiversity and Conservation Division) and the Coffs Harbour and District Local Aboriginal Land Council (including Garby Elders Aboriginal Corporation) have been consulted in relation to the proposed LEP amendment. A summary of issues raised by agency/stakeholder submissions is provided as follows:

NSW Rural Fire Service

The NSW Rural Fire Service raises no objection to the proposed LEP amendment, subject to future residential development on the subject site complying with Planning for Bushfire Protection 2019. Future development applications for the subject site will be required to address the relevant provisions of Planning for Bushfire Protection 2019.

Biodiversity and Conservation Division

The NSW Department of Planning, Industry and Environment (Biodiversity and Conservation Division) raises no issues in relation to biodiversity, Aboriginal cultural heritage, National Parks and Wildlife Service estate, climate change, sustainability, or coastal and estuary matters. The submission does, however, provide a number of advisory comments in relation to flood hazard for the southern part of the subject site, which are summarised within the planning proposal provided as Attachment 1 to this report.

The subject site is not identified by Council’s GIS mapping as being likely to be inundated in a 100-year Annual Recurrence Interval flood event. A narrow band of land at the edge of the southern boundary of the subject site is however identified as being within the flood planning level. In its submission, the Biodiversity and Conservation Division notes that flooding issues for the subject site could be adequately resolved as part of future development of the land, and that a flood assessment would be required to support future development applications for the subject site.

Garby Elders Corporation

Both the Coffs Harbour and District Local Aboriginal Land Council and the Garby Elders Aboriginal Corporation have been consulted in relation to the proposed LEP amendment. The Coffs Harbour and District Local Aboriginal Land Council have deferred a formal response to the proposal to the Garby Elders Corporation. A detailed assessment of Aboriginal cultural heritage on the subject site is also contained within the planning proposal provided as Attachment 1 to this report.

In its submission to the proposed LEP amendment, the Garby Elders Corporation note that the area of Corindi Beach for which the subject site is located, is strongly culturally connected to ceremonies and places. As such, the Garby Elders Corporation request that as part of any removal of vegetation and/or soil from the subject site associated with future development of the land for the purpose intended by the proposed LEP amendment, a cultural assessment of the land is required to be undertaken to identify any potential remnants of cultural significance. In response to this request, an attribute has been placed on the subject land within Council’s property information system to alert development assessment staff of this requirement for future development applications lodged for the land.

·    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. 12 (7 Tasman Street, Corindi Beach) includes updates to the density map, as well as the front, side and rear setbacks maps. Proposed amendments to the DCP maps are shown on Council’s Online Mapping System (TechOne Spatial) (Attachment 2).

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

Key environmental impacts in relation to biodiversity, flood hazard, coastal hazard, noise impacts, 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

In terms of capital investment, the creation of additional residential land and the resulting development of that land has the potential to generate additional income and employment for the local economy. In this regard, broad economic implications from the planning proposal are likely to be positive.

•     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 2020 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 has also assisted in reducing Council’s risk.

Consultation:

Public exhibition of the planning proposal and draft DCP amendment was undertaken concurrently from 29 January 2020 to 26 February 2020. Three Government agency submissions (Attachment 4) and one public submission (Attachment 5) were received during the exhibition period.  The issues raised by submissions are summarised in the issues section of this report.

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 tourist/visitor accommodation, while protecting key attributes of the natural environment experienced 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 2020; 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. 12 (7 Tasman Street, 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 also subject to internal processes within NSW Department of Planning, Industry and Environment.

Conclusion:

The purpose of this report is to seek endorsement from Council of Planning Proposal PP_2019_COFFS_001_00 Tasman Street, Corindi Beach Post Exhibition (Attachment 1) and approval of Coffs Harbour DCP 2015 – Amendment No. 12 (7 Tasman Street Corindi Beach) (Attachment 2). The proposed LEP amendment accords with Council’s Local Growth Management Strategy 2020 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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SC20/26       Development Application No. 0603/20 - Dwelling Resulting in Detached Dual Occupancy - Lot 1, DP 1226907, 450 Crossmaglen Road, Bonville

Author:                        Development Assessment Coordinator

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.2 A natural environment sustained for the future

Attachments:              ATT1  SC20/26   Development Application No. 0603/20 - S4.15 Evaluation Report

ATT2  SC20/26   Development Application No. 0603/20 - Plans

ATT3  SC20/26   Development Application No. 0603/20 - Draft Conditions  

      

 

 

Executive Summary

This report provides an assessment of Development Application No. 0603/20 for a dwelling (resulting in detached dual occupancy) and swimming pool at Lot 1 DP 1226907, 450 Crossmaglen Road, Bonville.

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

2.       Approve Development Application No. 0603/20 for a dwelling (resulting in detached dual occupancy) and swimming pool at Lot 1 DP 1226907, 450 Crossmaglen Road, Bonville subject to the conditions provided in Attachment 3.

 

REPORT:

Applicant:

Mr EJ McDonough

Landowner:

Mr EJ McDonough

Land:

Lot 1 DP 1226907, 450 Crossmaglen Road, Bonville

Zone:

RU2 Rural Landscape and E2 Environmental Conservation 

Description:

Dwelling (resulting in detached dual occupancy) and swimming pool

Description of Item:

•     The Site

The site comprises an area of 11.75 hectares and consists of land zoned RU2 Rural Landscape which is cleared and used for extensive agriculture and vegetated land on the steeper slopes zoned E2 Environmental Conservation, which adjoins Tuckers Nob State Forest and is mapped as primary Koala Habitat.

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

The site is currently developed with a lawfully constructed dwelling and ancillary structures.

Figure 1: Locality Plan

•     The Development

The proposed development involves the construction of new a dwelling and swimming pool which will result in a detached dual occupancy. The new dwelling will be located approximately 80 metres to the north of the existing dwelling and on land zone RU2 Rural Landscape.

The development proposes to utilise the existing vehicular access off Crossmaglen 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 development does not comply with the maximum 50 metre separation distance for dwellings comprising a detached dual occupancy in Zone RU2 under clause 4.2E (2)(c) of the Coffs Harbour Local Environmental Plan 2013.

This, and other assessment issues, are 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 and 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 standard conditions.

 

 


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QON20/04    Proposed Cost - Gordon Street Streetscape Works

Author:                        Director Sustainable Infrastructure

Authoriser:                  Director Sustainable Infrastructure

Attachments:              Nil

 

The following question on notice was received from Councillor Rhoades.

Question

What is the proposed cost for all of the Streetscape works planned for Gordon Street Coffs Harbour? This includes all costs including civil works, landscaping and beautification works.

Response

The proposed Gordon Street Project is one component of a set of three related City Centre Masterplan projects which were recently submitted as a single package to the Federal Minister of Infrastructure and Regional Development in response to the Minister’s request for road infrastructure investment projects which could be commenced within 3 to 6 months in order to support a COVID 19 economic recovery.

 

Total Three Road Project Estimate is $18.25 million

 

The total cost breakdown of the package of all three roads is as follows:

 

·    Gordon Street - $5.5 million

·    Park Avenue - $4.7 million

·    Moonee Street - $5.0 million

·    Design of works - $0.75 million

·    Project management and Supervision - $0.8 million

·    Contingencies (10%) - $1.5 million

 

Basic Outline of the Three Road Project

 

Gordon Street, Park Avenue and Moonee Street have been selected as they achieve a wider completion of the main CBD as identified in the Coffs City Centre Masterplan. They do not achieve the full masterplan, but are a stepping stone to completion.

 


 

 

Figure 1 – Location and Extent of All Works

 

 

Gordon Street Works Component Only: $5.5m

 

Estimate of Only the Gordon Street Component of the Three Road Project - “includes all costs including civil works, landscaping and beautification work” as requested in the QON.

 

Road Reconfiguration Element Estimated Cost: approximately $2.5m encompassing Gordon Street total length from Coff Street to Park Avenue:

 

-      Road is reconfigured to parallel parking, with 2 lanes of travel only (1 in each direction)

-      Vegetated strip (raingarden) between parking area and on street cycleway

-      Provision for drainage of vegetated strip and water quality improvement

-      On street cycleways on both sides of the road placed between Footpath and Parking Lane

-      Kerb and gutter realignments and drainage alterations etc.

-      Service relocations (power, communications etc.)

-      Pavement resurfacing with Asphaltic Concrete

 

Intersection Works Element Estimated Cost: approximately $2.5m

 

-      Gordon / Vernon Roundabout retrofit (with lights)

-      Gordon / Coff Street alteration (straightening) to promote traffic flow via Coff / Duke Street

 

 

Fig 2 – Locations of the proposed intersection reconfigurations along Gordon Street

 

 

 

Other Works Cost Estimate: approximately $0.5m

 

-      Parking alterations along Coff Street/Duke Street link for better traffic flow – no kerb and gutter adjustments. Lines and islands only.