Coffs Harbour City Council

04 November 2020

 

Ordinary Council Meeting

 

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

 

Thursday, 12 November 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

 

  

General Manager's Reports

GM20/30         Council Committees - Terms of References Review 3

Notices of Motion Business Services

NOM20/18      Length of Proposed Airport Lease Contract......... 16

Directorate Reports - Business Services

BS20/63          Bank and Investment Balances for September 2020............................................................................................... 18

BS20/64          Draft Plan of Management for Community Village and Cavanbah Centre........................................................... 39

BS20/65          Cultural and Civic Space - Projected Costings for Interest, Legal and Demolition Costs....................... 108

BS20/66          Contract RFT-1136-TO - Cleaning of Council Buildings.................................................................................. 112

Notices of Motion Sustainable Communities

NOM20/19      Placement of Telecommunications Infrastructure.................................................................... 115

Directorate Reports - Sustainable Communities

SC20/60          Draft Community and Cultural Facilities Plan - Pre Exhibition................................................................................. 116

SC20/61          Biennial Community Wellbeing Survey Report...... 180

SC20/62          Coffs Harbour Local Growth Management Strategy - Chapter 7 Residential Lands - Post Exhibition................................................................................. 259

SC20/63          Development Application No. 0164/20 - Centre-Based Childcare Facility and Kiosk (Change Of Use Involving Demolition, Alterations And Additions) - Lot 134 DP 1118502, 2 Beach Way, Sapphire Beach..... 353

SC20/64          Request For Review - Development Application No. 0170/20 - Boarding House (Including Demolition of Existing Structures) - Lot C DP 408189, 2A Gundagai Place, Coffs Harbour........................................................ 404

SC20/65          NRPP - Development Application No. 0328/16 - Extractive Industry (Quarry Extension) - Lot 550, DP 1181369 & Lot 76, DP 752820, 3367 Solitary Islands Way, Dirty Creek................................................................... 483   


GM20/30      Council Committees - Terms of References Review

Author:                         Governance Coordinator

Authoriser:                  Group Leader Governance

MyCoffs:                      A.1 A vibrant and inclusive place

Attachments:               ATT1  GM20/30  Draft Terms of Reference - Australia Day Committee

ATT2  GM20/30  Draft Terms of Reference - Coastal and Estuary Management Advisory Committee

ATT3  GM20/30  Draft Terms of Reference - Floodplain Risk Management Committee

ATT4  GM20/30  Draft Terms of Reference - Koala Management Advisory Committee

ATT5  GM20/30  Draft Terms of Reference - Yandaarra Aboriginal Advisory Committee  

 

Executive Summary

Council’s Committees and their terms of references (ToR) are regularly reviewed to ensure they represent adequately the scope and objectives of the committee.  Changes to committees and their ToRs require endorsement by Council and this report presents the following reviewed and amended ToRs for Council adoption:

 

·    Australia Day Committee

·    Coastal and Estuary Management Advisory Committee

·    Floodplain Risk Management Advisory Committee

·    Koala Management Advisory Committee

·    Yandaarra Aboriginal Advisory Committee

 

 

Recommendation:

That Council Adopt the reviewed and amended Terms of Reference:

1.    Australia Day Committee

2.    Coastal and Estuary Management Advisory Committee

3.    Floodplain Risk Management Advisory Committee

4.    Koala Management Advisory Committee

5.    Yandaarra Aboriginal Advisory Committee

 

Report

Description of Item:

A broad review of the ToR for Council’s committees has commenced to ensure they remain suitable for their purpose and objectives.  As part of this review, the following committees ToR have been amended:

 

·      Australia Day Committee

·      Coastal and Estuary Management Advisory Committee

·      Floodplain Risk Management Advisory Committee

·      Koala Management Advisory Committee

·      Yandaarra Aboriginal Advisory Committee

 

Australia Day Committee

 

Changes made to the delegations and scope – Rearrangement of words only, no new wording as the statements were not considered delegable functions and are more appropriate within the scope.  This amendment will not change the committee’s function.

 

Coastal and Estuary Management Advisory Committee, Floodplain Risk Management Advisory Committee and Koala Management Advisory Committee

 

·      Rearrangement of the current ToRs preamble, vision and scope under the new headings purpose, objectives and scope,

·      Remove the current statements under delegations as they are not considered delegable functions and the recommended purpose, objectives and scope is sufficient,

·      Increase committee member’s term of office from two years to four years.

 

These amendments will not change each committee’s functions.

 

Yandaarra Aboriginal Advisory Committee

 

The scope has been updated to reflect twhe Committee’s role in determining the categories and identifying winners for the Yandaarra Aunty Grace Roberts Community Awards.  The following statement: “Decisions will be made by majority voting which is 50% of committee present, plus one” has been changed to state decisions will be made by consensus.

 

These recommended amendments will not change the committee’s function.

Issues:

There are no significant issues identified in regards to this report.

Options:

1.    Adopt the recommendation provided to Council.

2.    Amend the recommendation provided to Council (e.g. by amending a ToR) and then adopt.

3.    Reject the recommendation provided to Council.

Sustainability Assessment:

•     Environment

There are no environmental impacts relating to this report.

•     Social

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

•     Civic Leadership

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

 

-   A.1 A vibrant and inclusive place.

-   B.2 A community achieving its potential.

Economic – Broader Economic Implications

Committees are formed to help Council facilitate services and functions using community volunteers with varied expertise.  Broadly this taps into the wealth of community knowledge and experience, whilst acknowledging and supporting local skills.

•     Economic - Delivery Program/Operational Plan Implications

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

Risk Analysis:

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

Consultation:

Internal and some external committee consultation has occurred and continues to occur with various stakeholders involved in each of these committees.

Related Policy, Precedents and / or Statutory Requirements:

S 355 and s377 Local Government Act 1993.

Implementation Date / Priority:

Immediate.

Conclusion:

That Council endorses the recommendations within this report.

 

 

 

 


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NOM20/18    Length of Proposed Airport Lease Contract

Attachments:               ATT1  NOM20/18         CONFIDENTIAL Disclosure of Confidential Information - Letters

Confidential in accordance with Section 10A(2)(c) 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.

ATT2  NOM20/18         CONFIDENTIAL Length of Proposed Airport Lease Contract - Advisors Advice   

 

Motion:

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

"Council immediately make public the proposed length of the Airport lease contract."

 

Rationale:

The circumstances surrounding the Airport Lease negotiations have now reached a point where the length of lease proposed should no longer be classified as commercial in confidence.

 

The proposed lease length should now be available to the public.

 

This disclosure will have no impact on the lease negotiations now.

 

Information as to the application of the commercial in confidence principle is defined in the NSW local Governments Act as follows.

 

d)    commercial information of a confidential nature that would, if disclosed-

 

(i)      prejudice the commercial position of the person who supplied it, or

(ii)      confer a commercial advantage on a competitor of the council, or

(iii)     reveal a trade secret,”

Staff Comment:

The staff comment provided when this Notice of Motion was tabled for the 8 October 2020 Council meeting is replicated below.  At that meeting Council resolved as follows:

 

That Council write to the potential lessee of the airport asking for permission to release the length of the lease and option of the airport with an expedited response.  This response is to be reported by council with a view to providing transparency and confidence to the community.

 

The request was made to the preferred tenderer and a response was received on 19 October 2020 and the substantive part of their response is replicated and redacted as follows:

 

Many thanks for your letter dated 13 October 2020.

Given negotiations on the transaction are still ongoing, we do not consider it is appropriate to publicly disclose aspects of the potential transaction at this time. XXXXXXX fully supports transparency and community engagement (including disclosure of the length of the lease and option of the airport) once negotiations have been finalised and a transaction is signed. We are hopeful that this point is only several weeks away.

Accordingly, we respectfully decline the request at this stage. We hope that you can appreciate our position on this matter.

We appreciate the Council’s continued engagement on the lease process. We look forward to successfully concluding our negotiations shortly, and working together with Council to operate and grow the airport into the future.

 

A copy of Council’s request and the response are included as Confidential Attachment 1.  The reasoning in the response is consistent with the advice provided to Council by KPMG, Ashurst and OCM in the business paper of 8 October 2020 and provides a justifiable rationale and commercial explanation as to why they do not support the release of the requested information at this time.

 

Given the commercial nature of the transaction, which is governed by strict probity protocols overseen by external probity advisors O’Connor Marsden, the release of information to the public has been subject to binding confidentiality agreements with the bidders, which moderate the type of information that can be disclosed.  If the airport lease process moves through negotiation to execution, it is intended to implement a communications plan together with the Airport Lessee, to provide the community with information and details around the lease.  It should be noted that certain confidentiality requirements will remain.

 

Previous Staff Comment:

 

Previous Council reports on Airport Management and Governance Options, and the Proposed Long Term Lease have cited section 10A(2)(c) of the Local Government Act 1993 for the reason for attachments to be treated as confidential, which states:

 

(c)     information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business,

 

The airport lease transaction is at the sensitive stage of negotiation with a preferred bidder. Council advisors do not recommend the disclosure of partial lease information at this time.  Their detailed reasons are contained in the Confidential Attachment with summary statements provided in italics below.

 

From a probity standpoint:

 

In summary, making public the proposed length of the Airport Lease Contract at this point of the Transaction runs against probity principles and accepted negotiation practice and is not recommended.

 

From a commercial standpoint:

 

The negotiations and discussions with the Bidder are currently at a commercially sensitive position, and to make any information about the process public now could materially impact CHCC’s commercial position in those negotiations and discussions.

 

The lease transaction includes a number of parameters that work in tandem with the length of the proposed lease.

 

A holistic communication strategy will need to be prepared to ensure the appropriate messaging is provided if the negotiations with the Bidder are successful and a transaction is announced to the market, including which key points to highlight to give context to the decision to enter into such transaction.

 

For the reasons stated above, we recommend that CHCC continue to treat the proposed length of the Airport Lease, and all other terms of the transaction, commercial in confidence.

  


BS20/63       Bank and Investment Balances for September 2020

Author:                         Section Leader Financial Planning

Authoriser:                  Director Business Services

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

Attachments:               ATT1  BS20/63   Investment Performance Report for the Month Ended 30 September 2020  

 

Executive Summary

Council’s Bank Balances and Investments as at 30 September 2020 totalled $224,414,658.95.  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 $224,414,658.95 (including from loans, Developer Contributions and other avenues that form the restricted accounts and are committed for future works) as at 30 September 2020.

 

Report

Description of Item:

A copy of the state of Bank Balances and Investments as at 30 September 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 September 2020 are available in the Councillors’ Resource Centre.

Issues:

There are no issues associated with this report.

Options:

As this 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 September 2020, it is noted that the total bank and investment balance was $224,414,658.95 comprising restricted and unrestricted General, Trust, Water and Sewer 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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BS20/64       Draft Plan of Management for Community Village and Cavanbah Centre

Author:                         Plans of Management Project Manager

Authoriser:                  Director Business Services

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

Attachments:               ATT1  BS20/64   PoM for the Community Village and Cavanbah Centre Crown Reserves

ATT2  BS20/64   Native Title Manager Advice  

 

Executive Summary

Council has a statutory obligation under both the Crown Lands Management Act 2016 (CLM Act) and the Local Government Act 1993 (LG Act) to adopt Plans of Management (PoMs) for all Crown reserves that are classified as ‘community’ land and for which Council has been appointed land manager.  The statutory timeframe for the adoption of PoMs is on or before 30 June 2021; however, indications have been given that this timeframe will be extended.

 

A draft PoM for the Community Village and Cavanbah Centre Crown reserves (Attachment 1) has been finalised following wide consultations across multiple groups of Council.  It is now ready for consideration by Council and if agreed, a resolution made to refer the document to the Division of Crown Lands within the Department of Planning, Industry and Environment (DPIE) for its approval, prior to it being publicly exhibited.  This step is compulsory as the Crown (being the landowner) must be given the opportunity to provide input into the draft PoM prior to it being placed on public exhibition. So too is it a requirement that Native Title Manager advice (Attachment 2) be considered by Council prior to the draft PoM being referred to DPIE.

 

After DPIE have reviewed and approved the draft PoM, it must be publicly exhibited for not less than 28 days and the opportunity for submissions to be made over a period of not less than 42 days.  The draft PoM, including any revisions resulting from public exhibition, will then be presented to Council for formal adoption.

 

Recommendation:

That Council:

1.    Refer the draft Plan of Management for the Community Village and Cavanbah Centre to the Crown Lands Division of DPIE to obtain approval to place the document on public exhibition.

2.    Places the draft Plan of Management for the Community Village and Cavanbah Centre on public exhibition for a period of at least 42 days once approval is received.

 

Report

Description of Item:

The Coffs Harbour City Council has been appointed under Part 3, Division 3.2, Section 3.3 of the CLM Act to manage dedicated or reserved Crown land as if it were community land under the LG Act.  Hereafter, this land is referred to as the ‘Crown reserves’ or ‘reserves’.  Council has been appointed manager for more than 50 such reserves.

 

The CLM Act requires local councils appointed to manage dedicated or reserved Crown land to manage such land as if it were public land under the LG Act. Section 36 of the LG Act requires a PoM to be adopted by councils for all land classified as ‘community’ land and outlines the requirements of such a PoM.  In simple terms, the purpose of the PoM is to provide a framework for the ongoing use and management of the land.

 

It should be noted that a PoM can cover more than one reserve.  Although the final number of PoMs is still being worked through, it is likely that Council will need to prepare at least 10 PoMs to cover the Crown reserve estate.

 

A PoM for a Crown reserve can be thought of as an ‘enabling’ document.  That is, the role a PoM plays in relation to governing the use and management of a reserve is to provide the overarching framework as required by law, which then enables Council to manage each specific reserve into the future using existing mechanisms (e.g. Delivery Program/Operational Plans) or through the development of new mechanisms such as a Masterplan.  It is not intended that this or other PoMs will address in an exhaustive way, the role of a reserve in the strategic planning sphere, nor day-to-day management issues such as budgets, human resource allocation, compliance, maintenance schedules, public bookings, etc.  These matters will be addressed through other mechanisms.

 

Section 36I of the LG Act prescribes the “Core Objectives” for use and management of community land categorised as for ‘general community use’.  The “core objectives” are:

 

To promote, encourage and provide for the use of the land, and to provide facilities on the land, to meet the current and future needs of the local community and of the wider public including:

 

a)    in relation to public recreation and the physical, cultural, social and intellectual welfare or development of individual members of the public; and

b)    in relation to purposes for which a lease, licence or other estate may be granted in respect of the land (other than the provision of public utilities and works associated with or ancillary to public utilities).

 

Once endorsed by Council, the draft PoM is sent to DPIE for approval to publicly exhibit, noting that Native Title Manager advice must be completed first.  Subject to any revisions required by DPIE, the draft PoM will then be considered by Council a second time (if revisions are significant) or will be placed on public exhibition if they are not.  In order to facilitate community input and in compliance with section 38 of the LG Act, once the draft PoM has been approved by DPIE, it must be exhibited for a period of not less than 28 days, with a period of not less than 42 days for public submissions to be made.

 

The subject land for the draft PoM currently before Council is known as the ‘Community Village’ reserve (reserve number 140058) and ‘Cavanbah Centre’ reserve (reserve number 90985).  The Community Village reserve is comprised of Lots 101-102, DP 1058414, Coffs Harbour.  The street address for Lot 101 is 20 Curacoa Street, Coffs Harbour and Lot 102 is located off Earl Street, Coffs Harbour.  The ‘Cavanbah Centre’ reserve, is Lot 3 Sec 4, DP 758258, 191 Coffs Harbour Drive, Coffs Harbour.  Both reserves are categorised as per s.36 of the LG Act as ‘general community use’.

 

The land use zones prescribed by the Coffs Harbour Local Environment Plan (LEP) 2013 are SP2 (Infrastructure) and E2 (environmental Conservation) for the Community Village and SP2 (Infrastructure) for the Cavanbah Centre.

 

The two reserves were originally gazetted as separate entities (hence the separate unique identifying reserve numbers) but because they are immediately adjacent to one another, for practical purposes they are managed as a single entity; hence this draft PoM covers both.

 

Both reserves have been and are currently used to provide affordable properties for the provision of health and community services in order to facilitate the achievement of an inclusive community.  It is intended that the reserves will continue to be used for these types of purposes.  These services may include, but are not limited to:

 

·      social assistance services;

·      respite and social support groups;

·      supporting community connectedness and offering a non-judgemental, inclusive, safe space and fostering a sense of community interaction, spirit and belonging;

·      drop-in centre for homeless people;

·      providing essential personal services such as bathrooms, laundry facilities and food;

·      Meals On Wheels;

·      a place to bring younger people with disabilities into the workplace and aim to have a community in which people with disabilities are skilled and valued; and

·      meeting rooms and venues for hire for events, functions and conferences.

 

A PoM was adopted by Council in 1996.  However, it is not currently recognised by DPIE as valid.

 

The new draft PoM has been prepared in a manner consistent with the core objectives for land categorised ‘general community use’, with the overall aim being that the reserve and its facilities will provide an ongoing benefit to the community.  The draft PoM authorises the wide variety of uses that the reserve has been, or is currently being used for, while also providing sufficient flexibility for Council to modify the use or management of the reserve, into the future.  As stated above, it is not intended that this or other PoMs will address the role of the reserve in the strategic planning sphere or day-to-day management issues as these will be addressed through mechanisms such as:

 

·      MyCoffs Community Strategic Plan, Delivery Program or Operational Plans;

·      Coffs Harbour Community and Cultural Facilities Plan 2020 (currently in draft)

·      Any Masterplan that applies to the land; and

·      Public Realm Strategy (currently in draft).

 

This draft has also been prepared so that the required content that is not reserve specific, such as sections 3 and 4 that relate to Council’s strategies, polices, procedures and relevant legislation respectively, may be used as a template for subsequent PoMs.  While not all this content will relate directly to every reserve and every PoM, the ability to prepare these sections once, with minimal revisions between each PoM, represents a significant saving in the time it takes to prepare each document.

Issues:

At this early stage of the PoM process and prior to public exhibition, most issues relate primarily to administrative processes rather than any specific content within the draft PoM.

 

Council officers have been advised by DPIE that it may take up to six weeks to review and approve the draft PoM for public exhibition.  Given the likely time lag between referring the draft PoM to DPIE and their approval to publicly exhibit it, this time lag will need to planned for and managed. It is proposed that work will commence/continue on other draft PoMs during this hiatus period and work recommence on this draft PoM as soon as advice from DPIE is received.

Options:

Council has the following options to consider as follows:

1.    Adopt the recommendation and thereby refer the draft Plan of Management for the Community Village and Cavanbah Centre to the Crown Lands Division of DPIE to obtain approval to place the document on public exhibition.

2.    Amend the draft Plan of Management for the Community Village and Cavanbah Centre and then refer the draft PoM to the Crown Lands Division of DPIE to obtain approval to place the document on public exhibition.

3.    Reject the recommendation.  Adoption of this option would prevent Council meeting its statutory obligations under the CLM Act and LG Act.

Sustainability Assessment:

•     Environment

The draft PoM makes provision for strategies and actions to preserve and enhance those areas of the reserve where native vegetation dominates the landscape.  These may include actions such as new fencing to prevent entry into areas of high natural value, whilst facilitating improved public access to the facilities using the existing infrastructure footprint.

•     Social

There are no uses or management actions authorised in the draft PoM that represent any form of reduced community access to the facilities located on the reserves.  On the contrary, improving disabled access to some of the buildings has been raised as an option as has bicycle access between Harbour Drive and Duke street in a manner consistent with the Coffs Harbour Bike Plan 2014-2019.  As discussed above, new fencing will be authorised in order to reduce impacts on the natural values of the reserve but this will not impact on community access to buildings and facilities.  The draft PoM also authorises the granting of leases, licences and other estates so that organisations providing services to the community may have security of tenure should they wish.

•     Civic Leadership

The draft PoM is a key element in the governance of the reserves which in turn will help ensure that the facilities and organisations using those facilities to provide community services, continues into the future.  The draft PoM is an important step towards achieving the MyCoffs Community Strategic Plan theme of ‘Community Wellbeing’ and contributes directly to the following strategies:

 

A2.1 We support our community to lead healthy active lives;

A2.2 We facilitate positive ageing;

A2.3 We nurture mental health, wellbeing and social connection; and

A2.4 We cultivate a safe community.

•     Economic – Broader Economic Implications

The reserves are used to provide affordable properties for the provision of important health and community services.  Once adopted, a PoM provides the ongoing legal framework which allows for these facilities to be occupied and the community services delivered.  This has a direct positive economic benefit to those who provide and access these services, as well as having a multiplier (flow-on) effect to the local economy.

•     Economic - Delivery Program/Operational Plan Implications

There are no implications as works currently planned to be undertaken this financial year are being sourced from the Building Maintenance Budget.

Risk Analysis:

There is a statutory requirement that on or before 30 June 2021, Council must adopt a PoM for all Crown reserves classified as ‘community land’ and for which Council has been appointed as the land manager.  It is not clear what if any actions the State Government would take if this is not achieved by the due date.  It is therefore prudent to undertake best endeavours to complete and adopt PoMs for as many reserves as possible and to be able to demonstrate to the State Government the scale of these efforts.  Substantial drafting has already been completed for three PoMs covering 12 reserves with a fourth also commenced.

 

The risk of any significant community opposition to this draft PoM upon its exhibition is low.  A preliminary draft was released to those community groups with the greatest direct interest in the reserve (the current tenants and users) and none provided any comments or objections.  This is probably because the provisions in the draft PoM relating to future use, development and management of the reserves, generally reflects the status quo.

Consultation:

A preliminary draft of this PoM was sent to all existing lessees, licensees and regular users of the reserves for comment.  No comments were received.

 

The draft PoM has also been distributed among relevant Council officers and feedback has been incorporated.

Related Policy, Precedents and / or Statutory Requirements:

The statutory requirement for Council to adopt a PoM for the Crown reserves that it manages has been discussed above.  Since the CLM Act replaced the Crowns Lands Act 1989 in 2018, this will be the first of many PoMs to be adopted by Council and the Minister in compliance with the new Act.

 

The most recent PoM and the last to be adopted by Council under the old Act was the Plan of Management for Part Reserve 63076 for Public Recreation and Resting Place (southern section of Woolgoolga Beach Reserve) in 2016.  While there are slightly different requirements for PoMs adopted under the new CLM Act compared with PoMs adopted under the former Crowns Lands Act 1989, much of the content is similar, as are the public consultation requirements as prescribed in the LG Act.

Implementation Date / Priority:

A Council resolution to refer the draft PoM to DPIE is a critical step to it being adopted by Council within the statutory timeframe. It is therefore a high priority.

Conclusion:

This draft PoM for the Community Village and Cavanbah Centre represents the first of many PoMs that Council has a statutory requirement to prepare and adopt on or before 30 June 2021.  This is the first PoM to be presented to the Council under the CLM Act in conjunction with the LG Act and it is expected that to cover the Crown Land Reserves under the management of Council that at least 10 different PoMs will need to be adopted by Council.

 

 


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BS20/65       Cultural and Civic Space - Projected Costings for Interest, Legal and Demolition Costs

Author:                         Group Leader Financial Services and Logistics

Authoriser:                  Director Business Services

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

Attachments:               Nil

 

Executive Summary

The total construction cost for the Cultural and Civic Space project is budgeted at $76.52 million with $46.02 million forecast to be borrowed.  The total interest cost, over a 30-year period at an assumed fix rate of 2.3%, is $17.9 million.

 

As at 31 October 2020 there has been an amount of $85,920 expended on legal costs.  The total legal costs required until the completion of the project are hard to predict due to the many variables which could necessitate legal advice or action into the future.  These costs have been provided for from the total $76.52 million project budget.

 

The Council has entered into a contract for the demolition of the buildings located at 23-31 Gordon Street Coffs Harbour.  The total costs of this contract is $199,258 excluding GST.  This cost is already budgeted for in the total project costs of $76.52 million.

 

The preliminary design of the storage facility has indicated that approximately 70% of the building will be utilised for the art gallery and museum.  The budget for this project is $2.6 million and therefore the art gallery and museum components of this project are estimated at $1.82 million.

 

All levels of Government within Australia, when providing information to the community on projects they are constructing, traditionally only provide the actual construction cost of the project and do not usually include such things as interest costs, depreciation and other ‘whole of life’ costs.  The Council should be consistent in the information it provides to the community in regards to its costing for projects so that the community is able to rely on the consistency of the comparability of the information it is being provided.

 

Recommendation:

That Council note the report.

 

Report

Description of Item:

At the 13 August 2020 Council meeting the Council resolved (Resolution No. 2020/172) as follows:

 

That Council:

1.    Note the report in response to Council Resolution No. 2020/100, items 2, 5 and 6.

2.    Continue temporary pause of the sale of 2 Castle Street, Coffs Harbour and 27-29 Duke Street, Coffs Harbour till the Development Application is determined and if approved and detailed design and costing is complete.

3.    Once the Development Application is determined and if approved and detailed design and costing is complete authorise the General Manager to engage in negotiations with prospective buyers via the commercial real estate agent engaged by Council under the current agency agreement with a view to achieving a reasonable offer in line with market value for:

3.1       Administration Building, 2 Castle St, Coffs Harbour (Lot 2 DP 566885, Lot 1 DP 566855, Lot 8 Sec 6 DP 758258),

3.2.      Rigby House, 27-29 Duke Street Coffs Harbour (Lot 110 Sec DP 777398).

4.    Note that a report will be brought back to Council in regard to property sale negotiations.

5.    Receive a report on the projected costings on the project elements of total interest, legal fees, demolition of existing buildings on Gordon Street and the percentage of the proposed storage building to be used for art gallery and museum offsite storage.

This report provides the information requested in point 5 of the above resolution.

 

The current funding model for the Cultural and Civic Space project has a total borrowing of $46.02 million.

 

The model presented as part of the independent financial review of the project assumed that the interest rate over the 30-year life of the borrowing was fixed at 2.3% per annum with six monthly repayments.  The total interest cost for the borrowing over 30 years with these assumptions is $17.9 million.

 

Legal costs expended to date for the project total $85,920.  The total legal costs required until the completion of the project are hard to predict due to the many variables which could necessitate legal advice or action into the future.  These costs to date have been included in the total project costs of $76.52 million.

 

At the Council meeting held on 8 October 2020 the Council resolved to award a contract for the demolition of the buildings located on the site of the project in Gordon Street Coffs Harbour for an amount of $199,258 excluding GST.  This cost is already budgeted for in the total project costs of $76.52 million.

 

A further report to Council will be presented on the storage facility.  The preliminary design of the facility has indicated that approximately 70% of the building will be utilised for the art gallery and museum.  The budget for this project is $2.6 million and therefore the art gallery and museum components of this project are estimated at $1.82 million.  This project has been considered essential with or without the Cultural and Civic Space project proceeding as the previous storage facility being utilised was not meeting the standards required to store the important historical collection held by the museum, and the complete lack of storage currently available for the art gallery.

Issues:

The reported capital cost of a project does not include operational costs such as the interest cost of loan borrowings.  The capital cost includes costs such as design, construction and project management and supervision.  For example, when Council constructed the water reclamation plant and water treatment plant with completion in 2008, information released to the public provided only the construction costs.  To undertake these projects, the Council borrowed $98.1 million over 20 years.  The total interest cost over the 20-year borrowing is $84.3 million; however, this figure was not included by Council when providing information to the community on the cost of these projects.

 

‘Whole of life’ costs for projects would include the initial capital costs and operational costs incurred over the life of the asset such as depreciation, repairs and maintenance, funding costs, etc.  However, Council has to date separated these costs in its budgeting, which is standard practice.

Options:

An options analysis is not provided as the report is for noting only.

Sustainability Assessment:

•     Environment

There are no expected environmental impacts from this report.

•     Social

The use of the Cultural and Civic Space building for a broad range of cultural uses, co-located with civic spaces, including Councils offices was demonstrated through the concept business case to deliver the best social outcomes from the project.

•     Civic Leadership

Civic leadership is shown through the progressing cultural and civic infrastructure that meets the needs of Coffs Harbour as a growing regional city.

•     Economic – Broader Economic Implications

An independent economic assessment identified a host of benefits to the CBD, including a variety of financial benefits over a 30-year period totalling $57 million, 31 on-going jobs and an extra $2 million per annum Gross Regional Product as a result of the Cultural and Civic Space Project.

•     Economic - Delivery Program/Operational Plan Implications

There are no Delivery Program / Operational Plan implications from this report.

Risk Analysis:

The risk around this report surrounds the use of the information contained within this report.  All levels of Government within Australia, when providing information to the community on projects they are constructing, traditionally only provide the actual construction cost of the project and do not usually include such things as interest costs, depreciation and other whole of life costs.  The Council should be consistent in the information it provides to the community in regards to its costing for projects so that the community is able to rely on the consistency of the comparability of the information it is being provided.

Consultation:

Consultation has been undertaken throughout the organisation and with TCorp regarding borrowing rates.

Related Policy, Precedents and / or Statutory Requirements:

The precedent set by the Council is that Council does not usually include such things as interest costs, depreciation and other whole of life costs.

Implementation Date / Priority:

Not required.

Conclusion:

This report provides the information requested by the Council in point 5 of Resolution No. 2020/172 for the information of the Council.

 

 


BS20/66       Contract RFT-1136-TO - Cleaning of Council Buildings

Author:                         Strategic Contracts Administrator

Authoriser:                  Director Business Services

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

Attachments:               ATT1  BS20/66   CONFIDENTIAL Tender Contract RFT-1136-TO Cleaning of Council Buildings

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

On 1 September 2016, Council entered into a preferred supplier contract with two organisations for the provision of Cleaning of Council Buildings.  This contract expired on 31 August 2019 and is currently running under the same terms on a month-by-month basis.

 

Council recently conducted a tender for the same services with the aim of establishing a new supply contract for the period 16 November 2020 to 15 November 2022 with a further two, one-year extension options.

 

Recommendation:

That Council considers the tenders received for the Cleaning of Council Buildings, Contract No. RFT-1136-TO, and adopts the recommendation in the confidential attachment.

 

Report

Description of Item:

Council called tenders for the Cleaning of Council Buildings, Tender No. RFT-1136-TO that closed on 8 April 2020.

 

Tenders were evaluated on the following criteria:

 

·      Value for Money

·      Capability and Capacity

·      Quality Systems and controls

·      Experience and Past Performance

·      Key Personnel

·      Reference Checks

 

Conforming tenders were received from the following eight proponents for the Cleaning of Council Buildings against Council’s requirements:

 

1.    Advanced National Cleaning Pty Ltd

2.    All Office and Business Pty Ltd

3.    Clean Management Solutions Pty Ltd

4.    Command51 Pty Ltd

5.    Facilities First Australia Pty Ltd

6.    Pickwick Group Pty Ltd

7.    Quality Cleaning Service

8.    Southern Cross Commercial Cleaning P/L

 

One non-conforming tender was received from:

 

1.    Chris’s Cleaning

Issues:

Six of the conforming tenders quoted on all nine of the cleaning packages, whilst two tenders did not quote on all packages.  Minor non-conformances in the form of departures to the stated terms and conditions of contract were noted on several tender submissions.

Options:

The options available to Council with respect to this report are:

 

1.    Adopt the recommendation to appoint the recommended suppliers; or

2.    Reject all tenders.

Sustainability Assessment:

•     Environment

There are no major environmental issues to consider in respect of this tender.  The services will be performed by experienced personnel wearing the appropriate personal protective equipment (PPE) and using approved handling and storage methods.

•     Social

There are no adverse social implications involved in this contract.

•     Civic Leadership

Contract RFT-1136-TO is consistent with the My Coffs Community Strategic Plan.  Council supports the delivery of high quality, sustainable outcomes for Coffs Harbour. Council also illustrates strong leadership in encouraging local business participation, resulting in permanent and casual employment for Coffs Harbour residents.

•     Economic – Broader Economic Implications

Council has demonstrated due diligence in going out to open tender and testing the marketplace for the supply of electrical goods and fittings.

 

The vast majority of services delivered under Contract RFT-1136-TO will be made via sub-contractors based in the Coffs Harbour LGA.

•     Economic - Delivery Program/Operational Plan Implications

Expenditure for Contract RFT-1136-TO has been budgeted for as part of Council’s operating plan.

Risk Analysis:

The level of risk associated with entering into contracts is assessed as being low.  Each proponent stated they would enter into a contract on Council’s terms (with minor departures) which protects Council’s legal and risk positions.  Each proponent complies with Council’s minimum insurance requirements.

Consultation:

Council officers responsible for the management of and/or provision of services from the buildings and facilites subject to this cleaning contract have been during the tender process.

Related Policy, Precedents and / or Statutory Requirements:

Tendering procedures were carried out in accordance with Council’s own policy and procedures as well as meeting statutory obligations under the Local Government (General) Regulation 2005 – Part 7 Tendering, Division 1 Preliminary 163 Section 55.

 

Under Council’s Tender Acceptance Policy the awarding of this tender is not able to be determined under delegation by the General Manager, as detailed in the Confidential Attachment.

Implementation Date / Priority:

The advertised contract is for a two year period with a further two, one-year extension of term options.

Conclusion:

Council should consider the recommendation as outlined in the Confidential Attachment.

 

 

  


NOM20/19    Placement of Telecommunications Infrastructure

Attachments:          Nil

 

Motion:

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

"That Council:

1.       Investigate options to meet community expectations of telecommunications infrastructure placement in the Coffs Harbour LGA. Including:

a)      Researching examples of best practice outcomes for this type of telecommunication infrastructure as a guide for what we should aim to achieve.

b)      Consulting with local community and stakeholders.

2.       Provide a report to Council outlining changes and amendments to all relevant local planning policies and strategic documents and other recommended actions."

 

Rationale:

“An increasing number of development applications are coming before council for determination regard telecommunication infrastructure. There is significant community interest in the placement of this infrastructure given the potential impact it has on the surrounding environment.

By providing options for inclusion in local planning and strategic documents, council are able to best represent the expectations of the community when these type of development applications are submitted for consideration.”

Staff Comment:

In terms of the broadest category of telecommunications infrastructure, its provision is largely governed through Commonwealth telecommunications legislation and the State Environmental Plannning Policy Infrastrucutre 2007. Hence, Council’s ability to influence regulation of telecommunications infrastructure is limited to those components that require development assessment.

Council staff can prepare a report on a scope of work and associated costings for consideration in the 2021/22 budget process. An early indicative budget to undertake the work is approximately $30,000.

  


SC20/60       Draft Community and Cultural Facilities Plan - Pre Exhibition

Author:                         Community and Cultural Services Project Officer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      B.2 A community achieving its potential

Attachments:               ATT1  SC20/60   Draft Community and Cultural Facilities Plan 2021-2031  

 

Executive Summary

The Draft Community and Cultural Facilities Plan 2021-2031 provides a strategic framework to guide decision-making about Council’s community and cultural facilities, their use and identify future development needs across the Coffs Harbour Local Government Area (LGA) over the next 10 years.  This Draft Plan has been informed from aligned community and cultural facility planning processes including the Issues and Options for Performing Arts Spaces (Indoor and Outdoor) Final Report 2020 and the City Hill Scoping Project Site Analysis 2020.

The purpose of this report is to seek Council’s endorsement to publicly exhibit the Draft Community and Cultural Facilities Plan 2021-2031.

 

Recommendation:

That Council:

1.      Endorse for public exhibition the Draft Community and Cultural Facilities Plan 2021-2031 (Attachment 1) for a minimum period of 28 days.

2.        Note that a further report will be brought back to Council to present the outcomes of the public exhibition process following the public exhibition.

 

Report

Description of Item:

The need for a Community and Cultural Facilities Plan, as a sister document to the Sports Facility Plan has been identified and resourced through the Delivery Program.  The Draft Community and Cultural Facilities Plan 2021-2031 also responds to a key strategy within the Creative Coffs - Cultural Strategic Plan 2017-2022 to plan, develop and maintain community and cultural infrastructure.

The aim of the Plan is to provide a strategic framework to guide decision-making about future service needs, existing community and cultural facilities, their use and future development needs across the Coffs Harbour Local Government Area (LGA). 

The Draft Plan was developed during 2019-2020 through a review of existing strategic documents, a broad community and cultural facility asset review, population and demographic analysis, development of principles and decision making criteria and a community engagement process, which included the associated Issues and Options for Performing Arts Spaces (Indoor and Outdoor) Final Report and the City Hill Scoping Project Site Analysis.  Feedback from these planning projects running simultaneously has taken into consideration Council owned or managed community and cultural facilities included in this Draft Plan and the broader context of the current provision of facilities across the region.

The purpose of this report is to seek Council’s endorsement to publicly exhibit the Draft Community and Cultural Facilities Plan 2021-2031.

Issues:

·    Vision and purpose

The vision and purpose of the Draft Plan is to guide Council’s role in the provision and facilitation of a network of diverse community and cultural facilities which seek to encourage accessible, multi-purpose and co-located community uses. This aims to support the health, wellbeing and connectedness of the community into the future.

·    Principles and decision making criteria

The Draft Plan establishes a set of principles and decision-making criteria for consideration of future facility development or service opportunities. These principles aim to direct sound decision-making about planning, funding and delivery of future community and cultural facilities and assess further issues or opportunities as they arise.

·    Variation of facility standards

Assessment of Council’s community and cultural facilities within Council’s management or ownership determined that these facilities vary in their condition, age, size, accessibility or maintenance requirements.  The Draft Plan recommends actions to inform Council’s Asset Management Strategy and ensure facilities continue to reflect conditions suitable for contemporary use and have the capacity to adapt to future needs.

·    Variation of facility management and governance

Assessment of Council’s community and cultural facilities within Council’s management or ownership identified that facility governance is directly managed by Council, governed by Section 355 Facility Management Committees or leased by other areas of Council to community groups or organisations. This has resulted in differing outcomes across venue utilisation, community access, activities or services. The Draft Plan recommends actions and projects to address efficiencies in data and revenue collection, venue promotion and utilisation.

·    Financial planning processes

Community and cultural facility planning involves the allocation of resources to ensure sustainable management, operation and maintenance of facilities and services. This also involves preparing feasibility studies or master planning work. The Plan identifies that Council consider a range of funding sources for further studies, new infrastructure, capital upgrades and ongoing operational and maintenance costs. The Draft Plan identifies priority infrastructure projects and strategic projects that will inform Council’s Delivery Program, Resourcing Strategy, Asset Management Strategy and Place Plans/Manual projects, to ensure appropriate funding options and allocations are considered.

·    Future priority projects

An analysis of future population projections and current facility provision indicate provision gaps in specific locations and facility types across the LGA. The Draft Plan recommends the following priority projects to be planned and delivered across the LGA within the Draft Plan’s timeframe:

-     Jetty Memorial Theatre expansion (multipurpose community and rehearsal space)

-     Cultural collections facility (as part of an integrated storage facility)

-     Moonee Community Hub

-     Regional Performing Arts Centre /Theatre

-     Ayrshire Park community meeting space (upgrade)

-     Branch Library network expansion (including Moonee, Toormina and Woolgoolga precincts)

-     Opportunities to broker and facilitate fit-for-purpose youth, cultural or creative spaces

-     Feasibility and concept planning work relating to the above projects and other key sites.

Options:

There are two options that may be considered by Council:

1.    Accept the recommendations of this report.

2.    Reject the recommendations provided in this report.

This report recommends that Council undertake Option 1 as outlined.

Sustainability Assessment:

•     Environment

Sustainability, including environmental sustainability, is a key principle that underpins the Draft Community and Cultural Facilities Plan 2021-2031 and forms part of Council’s decision-making process in relation to facility planning, renewal and investment.

•     Social

Community and cultural facilities are vital to the health and wellbeing of communities as spaces to deliver services, programs, resources, events and activities to meet social, cultural and recreational needs. The recommendations contained within the Draft Community and Cultural Facilities Plan 2021-2031 reflect Council’s long term strategic vision for the Coffs Harbour LGA in the MyCoffs Community Strategic Plan.

•     Civic Leadership

The Draft Community and Cultural Facilities Plan 2021-2031 demonstrates civic leadership by addressing the following objectives in the My Coffs Community Strategic Plan: A1.2 we foster a sense of community, belonging, and diversity; and A1.4 we enrich cultural life through art, learning and cultural endeavour.

•     Economic – Broader Economic Implications

The Draft Community and Cultural Facilities Plan 2021-2031 includes a number of recommendations that will provide regional benefits such as liveability, economic performance and play a role in attracting and retaining diverse communities, by the provision of regional and district level community and cultural facilities.

•     Economic - Delivery Program/Operational Plan Implications

The considerations contained within this Draft Plan are not currently funded, therefore some actions will be subject to funding through Council’s delivery program or require inclusion in Council’s long term financial planning process, through budgetary allocations, grant applications or other initiatives.

Risk Analysis:

The lack of an existing Council plan related to the planning and investment of community and cultural facility delivery can result in a risk of unsustainable assets or inequitable decision-making. 

Consultation:

In December 2019, Council resolved to undertake consultation for a broader community and cultural facility planning process which includes the associated Issues and Options for Performing Arts Spaces (Indoor and Outdoor) Final Report and the City Hill Scoping Project Site Analysis in 2020. Feedback from these projects running simultaneously has taken into consideration a number of facilities included in this Draft Plan and the broader context of the current provision of facilities across the region. Between December 2019 and March 2020, consultation specific to the Draft Community and Cultural Facilities Plan 2021-2031 included the following:

-     Interviews with key centre facility, venue stakeholders and hirers

-     Community facilities workshops

-     Community facilities survey

-     Internal staff engagement.

Related Policy, Precedents and / or Statutory Requirements:

-     MyCoffs - Community Strategic Plan

-     Coffs Harbour Economic Development Strategy 2017-2022

-     Coffs Harbour Local Growth Management Strategy 2040

-     Creative Coffs - Cultural Strategic Plan 2017–2022

-     Coffs Harbour City Centre Masterplan 2031

-     Woolgoolga Town Centre Masterplan 2018

-     Library Museum Gallery Strategy 2020-2023

-     Positive Ageing Strategy 2020-2024

-     Youth Issues and Options Paper 2020.

Implementation Date / Priority:

The public exhibition of Draft Community and Cultural Facilities Plan 2021-2031 will be undertaken for a minimum of 28 days. A further report will be presented to Council which will provide feedback on the outcomes of this process and to seek endorsement of the final Plan.

Conclusion:

The Draft Community and Cultural Facilities Plan 2021-2031 provides a strategic framework to guide decision-making about Council’s community and cultural facilities, their use and identify future development needs across the Coffs Harbour LGA over the next 10 years.

The purpose of this report is to seek Council’s endorsement to publicly exhibit the Draft Community and Cultural Facilities Plan 2021-2031.

 

 


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SC20/61       Biennial Community Wellbeing Survey Report

Author:                         Senior Corporate Planner

Authoriser:                  Director Sustainable Communities

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

Attachments:               ATT1  SC20/61   Biennial Coffs Harbour Community Wellbeing Survey Report  

 

Executive Summary

Council conducts a Customer Satisfaction Survey and a Community Wellbeing Survey every two years. The results of the 2020 Customer Satisfaction Survey were noted by Council at its Ordinary Meeting on 13 August 2020. In prior years, Council has conducted both surveys at the same time, however, in recognition that the Community Wellbeing Survey would likely be influenced by the initial effects of COVID-19 restrictions, the survey was delayed until August 2020.

The Community Wellbeing Survey enables Council to gain feedback on community wellbeing to help track how the broader Coffs Harbour Local Government Area (LGA) community is progressing in achieving the objectives of the MyCoffs Community Strategic Plan.

The purpose of this report is to provide the findings of the survey for Council’s information. 

 

Recommendation:

That Council:

1.      Note the findings of the 2020 Community Wellbeing Survey Report (Attachment 1).

2.      Place the 2020 Community Wellbeing Survey Report on Council’s website.

 

Report

Description of Item:

In 2014, Council initiated a Community Wellbeing Survey to assess broader social indicators associated with the implementation of the Community Strategic Plan. This survey has subsequently been carried out every two years, similar to the Customer Satisfaction Survey.

Additional questions were included in the 2020 survey to:

-     Ascertain how COVID-19 has impacted the quality of life for residents.

-     Establish what Council can do to assist the community during COVID-19 and beyond.

-     Compare the liveliness of the City Centre pre COVID-19 and since lockdown measures have been eased.

The analysis is compiled in a final survey report (Attachment 1).  

Issues:

The 2020 Community Wellbeing Survey enables Council to:

-     Capture public opinion about the quality of life in the Coffs Harbour Local Government Area (LGA).

-     Gain feedback on a range of social indicators across categories including Community Inclusiveness and Participation, Civic Leadership, Arts and Cultural Activities, Recreational and Sporting Activities, Environmental Awareness, Community Spaces and Public Facilities.

-     Inform strategy, policy development and service delivery.

-     Assess community wellbeing to help Council track how the broader Coffs Harbour LGA community is progressing in achieving the objectives of the MyCoffs Community Strategic Plan.

-     Establish how residents lives have been impacted by COVID-19 and what residents believe Council can do to assist the community during COVID-19 and beyond.

The 2020 survey was conducted by an independent research company, Micromex Research, with 503 randomly selected residents polled by a telephone survey (landline and mobile) between 24 August and 28 August 2020.

Based on the number of Coffs Harbour LGA households, a random sample of 503 adult residents implies a margin for error of +/- 4.4% at the 95% confidence level. This means that if the survey was replicated with a new sample of 503 residents, 19 times out of 20 the results would be expected to be the same.

Further details of the methodology and analysis of the survey data undertaken by Micromex Research can be found in the final survey report (Attachment 1).

The following are the key findings from the 2020 Community Wellbeing Survey:

-     Quality of life in the Coffs Harbour LGA is high, with 97% of the residents stating they are at least somewhat satisfied, on par with 2018. Those aged 65 and over demonstrated significantly higher levels of satisfaction with their quality of life. 

-     82% of residents suggested they feel at least somewhat part of the Coffs Harbour LGA community and 90% of residents are at least somewhat proud of the Coffs Harbour region.

-     69% of residents feel they have the opportunity to provide feedback on important issues that impact the community, with telephone and Council’s website being the most likely ways to provide feedback to Council. Those aged 18-49 were more likely to provide feedback via Council’s website or email and in person/face-to-face.

-     98% of residents feel safe walking alone in their local area during the day and 75% of residents feel at least somewhat safe walking alone in the local area at night.

-     76% of residents mentioned they regularly participate in recreational activities with others, with 20% of these participating in this kind of activity at least 3 times a week.

-     The majority (80%) of residents stated they regularly participate in physical activity for 20 minutes or more, with 40% of these suggesting they do physical activity more than 5 times a week.

-     70% of residents mentioned they use the walking or cycling tracks through the coastal and hinterland parks and reserves, with 96% of these residents stating they are at least somewhat satisfied with these tracks, a very positive result.

-     Overall, 78% of residents rated their overall health as either good or excellent. Whilst this is an increase from 2018, the proportion stating their overall health is fair to poor has also increased. Self rating of overall health decreased with age.

In response to the COVID-19 related questions, the key findings are:

-     Residents believe ‘supporting local businesses’, and ‘supporting vulnerable parts of the community’ would be the most helpful initiatives for Coffs Harbour City Council to assist during the recovery period from COVID-19.

-     56% of residents indicated that COVID-19 has impacted their quality of life, highlighting the importance of continued engagement and communication with the community.

-     ‘Feelings of isolation’, ‘reduction/loss of income and employment’ and ‘had events/travel plans cancelled’ are the main ways that the virus has impacted the community’s quality of life.

Options:

1.   Adopt the recommendation provided to Council; this will enable the survey findings to be made available to the public and incorporated in council’s processes and planning.

2.   Amend or reject the recommendation provided to Council; depending on the nature of the resolution, this may impact on Council’s ability to derive full value from its investment in the surveys.

Sustainability Assessment:

•     Environment

The Community Wellbeing Survey seeks community feedback on residents’ engagement with the local environment, their participation in events, activities and groups, their knowledge on Council’s environmental awareness initiatives and their satisfaction with Council services and programs that aim to protect and enhance the environment.

•     Social

The Community Wellbeing Survey seeks community feedback on the quality of life in the Coffs Harbour LGA and Council services and facilities that aim to foster a vibrant, inclusive and healthy community.  The survey enables Council to integrate the perspective of LGA residents into its planning and delivery processes, and understand the social value of investment in nominated areas of importance.

•     Civic Leadership

The survey helps to ensure that the community’s voice is heard in Council’s decision-making on strategic priorities and service delivery. In this regard, the survey contributes to the achievement of the Community Strategic Plan Objectives A1: We foster a sense of community, belonging, and diversity, A2: An active, safe and healthy community and D2: We have effective use of public resources.

•     Economic – Broader Economic Implications

The survey seeks community feedback on Council services that aim to foster economic growth in the Coffs Harbour LGA.

•     Economic - Delivery Program/Operational Plan Implications

The findings of the survey will help inform decision-making in the development of Council services in the future.

Risk Analysis:

Risk associated with the staging of the Community Wellbeing Survey relates to the degree to which Council successfully incorporates the feedback into the improvement of its service provision. The local government sector has a commitment to effective community engagement and surveys are recognised as a valuable and affordable tool in this process. The survey findings help to inform Council’s ongoing monitoring of operational performance as well as the review and development of the organisation’s strategic directions. It could be argued that Council places itself at risk by not conducting such surveys.

Consultation:

Council undertaking the biennial surveys is an investment in best practice corporate planning and community engagement. The development of the survey questions required the participation of staff responsible for the delivery of Council services across the organisation. The final report of the Community Wellbeing Survey has been distributed to Council’s leadership and a Councillor briefing held in November 2020.

The random sample methodology ensures the surveys generate responses that are statistically valid and representative of the wider Coffs Harbour LGA community.

Related Policy, Precedents and / or Statutory Requirements:

There is no legislative requirement for Council to conduct community surveys, however, the surveys are recognised as a valuable resource in developing, prioritising and monitoring Council programs. The outcomes of the 2020 surveys will contribute to the review of the MyCoffs Community Strategic Plan objectives and Community Engagement Strategies across the organisation including those required under the Integrated Planning and Reporting provisions (Section 402) of the NSW Local Government Act 1993.

Conclusion:

The biennial Community Wellbeing Survey has been conducted in 2020. This report presents an overview and analysis of the results. The survey enables Council to gain feedback on community wellbeing and how the broader outcomes of the MyCoffs Community Strategic Plan are being met.

 

 


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SC20/62       Coffs Harbour Local Growth Management Strategy - Chapter 7 Residential Lands - Post Exhibition

Author:                         Team Leader Planning & Urban Design

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:               ATT1  SC20/62   Coffs Harbour Local Growth Management Strategy 2020 - Chapter 7 Residential Lands

ATT2  SC20/62   Government Agency Submissions

ATT3  SC20/62   CONFIDENTIAL Public Submissions Draft Chapter 7 Residential Lands

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.

ATT4  SC20/62   CONFIDENTIAL Public Submissions Affordable Housing in Coffs Harbour Issues & Options Paper  

ATT5  SC20/62   CONFIDENTIAL Public Submissions STRA Issues & Options Paper 2020  

ATT6  SC20/62   Submission Summary  

 

Executive Summary

Council at its Ordinary Meeting of 11 June 2020, resolved to endorse draft Coffs Harbour Local Growth Management Strategy - Chapter 7 Residential Lands, the Affordable Housing in Coffs Harbour LGA - Issues and Options Paper 2020 and the Short Term Rental Accommodation - Issues and Options Paper 2020 for public exhibition.

The purpose of this report is to seek adoption of the final Coffs Harbour Local Growth Management Strategy - Chapter 7 Residential Lands (Attachment 1), which has been amended in response to feedback received during agency and public consultation undertaken on the draft chapter and associated issues and options papers; and to seek its endorsement from NSW Department of Planning, Industry and Environment (DPIE). Endorsement of this chapter by NSW DPIE is necessary before Council can use the document to inform planning proposals and strategic directions of Council.

 

Recommendation:

That Council:

1.      Adopt Coffs Harbour Local Growth Management Strategy - Chapter 7 Residential Lands (Attachment 1).

2.      Seek endorsement from NSW Department of Planning, Industry and Environment for Coffs Harbour Local Growth Management Strategy – Chapter 7 Residential Lands (Attachment 1).

3.      Notify Council’s decision to those who made a submission to draft Coffs Harbour Local Growth Management Strategy – Chapter 7 Residential Lands, Affordable Housing in Coffs Harbour LGA - Issues and Options Paper 2020 and Short Term Rental Accommodation - Issues and Options Paper 2020.

 

Report

Description of Item:

Council at its Ordinary Meeting of 11 June 2020, resolved to:

1.       Place the draft Coffs Harbour Local Growth Management Strategy - Chapter 7 Residential Lands (Attachment 1), Affordable Housing in Coffs Harbour LGA - Issues and Options Paper 2020 (Attachment 2) and Short Term Rental Accommodation - Issues and Options Paper 2020 (Attachment 3) for the purpose of public exhibition for a minimum period of 28 days.

2.       Note that a further report will be brought back to Council for consideration of the final Coffs Harbour Local Growth Management Strategy - Chapter 7 Residential Lands; and incorporating feedback received in relation to the Affordable Housing in Coffs Harbour LGA - Issues and Options Paper 2020 and Short Term Rental Accommodation - Issues and Options Paper 2020.

In accordance with item 1 of that resolution, draft Coffs Harbour Local Growth Management Strategy – Chapter 7 Residential Lands (‘Chapter 7 Residential Lands’), the Affordable Housing in Coffs Harbour LGA - Issues and Options Paper 2020 and the Short Term Rental Accommodation - Issues and Options Paper 2020 were placed on public exhibition from 17 June 2020 to 31 July 2020. In accordance with item 2 of that resolution, the purpose of this report is to seek endorsement of the final Chapter 7 Residential Lands (Attachment 1), which has been amended in response to the feedback received during agency and public consultation undertaken on the draft chapter and the two issues and options papers; and to seek its endorsement from NSW DPIE.

Issues:

At the conclusion of the public exhibition period, six (6) Government agency submissions (Attachment 2) were received. A further sixty-six (66) public submissions were received (including one late submission outside the exhibition period and two submissions which were made to Chapters 1 to 4 of the Coffs Harbour Local Growth Management Strategy that were noted at the time to be considered as part of Chapter 7 Residential Lands). This includes sixteen (16) submissions to Chapter 7 Residential Lands (Attachment 3), ten (10) submissions specifically to the Affordable Housing in Coffs Harbour LGA - Issues and Options Paper 2020 (Attachment 4) and forty (40) submissions specifically to the Short Term Rental Accommodation - Issues and Options Paper 2020, which includes one petition with four signatures (Attachment 5).

Four unregistered anonymous submissions were received (due to issues with Council’s Have Your Say online engagement platform) and have been taken into consideration in the finalisation of Chapter 7 Residential Lands. The issue with Council’s Have Your Say online engagement platform has now been rectified.

The Government agency and public submissions have been taken into consideration in the finalisation of Chapter 7 Residential Lands and a detailed discussion is provided on how the recommendations have been considered and addressed (Attachment 6).

Government Agency Submissions

Agency submissions were made by Transport for NSW (TfNSW), NSW DPIE (Local and Regional Planning), NSW DPIE (Biodiversity and Conservation Division), NSW DPIE (Public Spaces Division), NSW Department of Education (School Infrastructure) and NSW Department of Primary Industries – Agriculture. None of the Government agency submissions are opposed to the strategic intent of Chapter 7 Residential Lands. Agency submissions made to draft Chapter 7 Residential Lands and the two issues and options paper include a number of key recommendations for Council to consider in finalising the chapter as follows:

-     Provision of higher residential density (particularly affordable housing) in places offering local connections for walking and cycling and public transport; and prioritisation of future residential development with active and public transport links to centres to integrate with transport hubs, discourage vehicle use and promote sustainable travel to and from schools.

-     Ensuring consistency with the North Coast Regional Plan 2036 in relation to housing delivery and its consistency with the Premiers Priority 11: Greener Public Spaces (including definitions); and ensuring that residential development provides adequate and high quality green spaces to support the health and wellbeing of residents.

-     Ensuring that residential development will not encroach on industrial lands and/or freight corridors; and that Council’s road network is suitable for servicing by public transport.

-     Ensuring that areas of high environmental value are identified and avoided in growth areas and that Council’s local planning controls contain measures to protect urban biodiversity; and that detailed assessment of site-specific development constraints for identified housing lands is undertaken at the structure plan or planning proposal stage.

-     Consideration of a monitoring and reporting process for housing land; and undertaking an audit of public space access for proposed residential infill areas.

-     Provision of details of Council’s intention regarding the application of the Low Rise Housing Diversity Code.

-     Ensuring that Place Manuals map key public spaces and address connectivity.

-     Investigation of the possibility of a new Contributions Plan to fund the progression of transport and open space infrastructure in new residential areas and around local schools within the Local Government Area (LGA).

Public Submissions to draft Chapter 7 Residential Lands and Affordable Housing paper

Public submissions made to draft Chapter 7 Residential Lands and the Affordable Housing in Coffs Harbour LGA - Issues and Options Paper 2020 include a number of requests for Council to consider in finalising the chapter. These requests are as follows:

-     Promote sustainable housing designs.

-     Consider amending local planning controls for two specific land parcels in relation to maximum building heights, land use zones, design requirements and density.

-     Limit the number of high density buildings within the Coffs Harbour LGA.

-     Ensure that Council’s local planning controls contain measures to protect urban biodiversity.

-     Ensure that infill development in West Coffs and the Jetty does not compromise the heritage values and coastal character of these areas.

-     Review and update Council’s existing Contributions Plans and prepare an LGA-wide Contributions Plan for transport, open space and laneway infrastructure.

-     Retain car parking requirements for 1 to 2 bedroom dwellings, particularly in residential areas with narrow roads.

-     Include multi-dwelling housing as a permissible use in Zone R2 Low Density Residential.

-     Allow dual occupancies within Zone R2 Low Density Residential on land less than 800m2.

-     Amend local planning controls to require a mix of lot sizes in greenfield subdivisions.

-     Implement incentives to promote smaller dwelling types in all residential zones (i.e. remove car parking requirements for dwellings with 1-2 bedrooms).

-     Review infrastructure requirements applicable to residential development.

-     Consider ‘up-zoning’ land within Zone R5 Large Lot in Boambee to Zone R2 Low Density Residential.

-     Provide adequate community facilities and services in West Moonee.

-     Include housing affordability as an objective of relevant strategies of Council.

-     Develop a Coffs Harbour Housing Affordability Policy.

-     Facilitate affordable housing in the Coffs Harbour LGA by providing sufficient residential land; providing incentives for smaller apartments; increasing residential density in Zone R2 Low Density Residential; requiring some lots in greenfield subdivisions for low income households; facilitating high density development; dedicating Council land for affordable housing; and enabling moveable dwellings to be temporarily sited on Council land to assist newly homeless people, travellers and itinerant workers.

-     Facilitate tiny homes and villages within the Coffs Harbour LGA and advocate the NSW Government to enact legislation to facilitate long term occupation of tiny homes.

-     Facilitate caravan parks and manufactured home estates in suitable and well-serviced urban locations.

-     Ensure that regulations regarding siting of caravans, tents, tiny homes and caravan parks within Zone RU2 Rural Landscape and Zone R5 Large Lot Residential are not relaxed.

-     Develop a Council policy on homelessness and people sleeping rough.

Chapter 7 has been amended (as outlined in Attachment 6) to address these issues as appropriate, such as consideration of incentives for smaller dwellings, investigating high density development in the Park Beach precinct, developing a Housing Affordability Policy (including a review of surplus Council land that may be suitable for affordable housing development; investigating the introduction of an Affordable Housing Contributions Scheme; and including an exception within Coffs Harbour DCP to enable higher densities within Zone R2 Low Density Residential where all other built form controls are satisfied and the low density character of the locality is maintained). Recommendations and issues that relate to transport, parking, public realm and public open space will be considered in the development and finalisation of the Coffs Harbour Place and Movement Strategy and Coffs Harbour Public Realm Strategy.

Public Submissions to Short Term Rental Accommodation Issues and Options Paper

A total of 40 public submissions were made to the Short Term Rental Accommodation - Issues and Options Paper. Community opinion on day threshold options for non-hosted Short Term Rental Accommodation (STRA) in Coffs Harbour is divided. Of these, 21 submissions (52.5%) are supportive of implementing an unrestricted 365-day threshold for non-hosted STRA when the State Government’s proposed regulatory framework is introduced. The most common cited reason for enabling unrestricted STRA is to support the benefits to the local and regional economy (19 submissions). The remaining 19 submissions (47.5%) support reducing the day threshold for non-hosted STRA with the most common cited reason relating to amenity impacts (18 submissions).

Korora and Sapphire Beach have the highest proportion (18.9%) of dwellings being used for STRA within the Coffs Harbour LGA and account for 18 of the submissions (45%). Of these 18 submissions, 82% support a 180-day threshold or lower, and 18% support a 365-day threshold.

The option of implementing a reduced day threshold for non-hosted STRA within the Coffs Harbour LGA has been carefully considered, factoring in economic, social and environmental impacts in conjunction with issues raised by public submissions and the draft state-wide regulatory framework. Public submissions made to the Short Term Rental Accommodation Issues and Options Paper prepared by Council validate the potential impacts of non-hosted STRA identified in the paper. Notwithstanding this, the impacts from STRA have been well documented and considered during the development of proposed state-wide regulatory reforms and code of conduct. It is therefore anticipated that many of the impacts associated with STRA will be adequately addressed by the regulatory reforms if introduced. In this regard, it is recommended that Council adopt the NSW Government’s proposed 365-day threshold for regional NSW. Given the rapidly evolving nature of the STRA industry, it is however also recommended that Council continue to monitor STRA, and review the day threshold of non-hosted STRA on a two yearly cycle, particularly in areas identified by submissions.

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.      Reject the recommendations provided in this report.

Option 1 is recommended as the suitable course of action.

Sustainability Assessment:

•     Environment

The suitability of residential land for further growth is based on a number of principles to ensure that such growth is environmentally sustainable. These principles are highlighted within Council’s endorsed Coffs Harbour Local Growth Management Strategy – Chapter 4 Compact City Program. This growth model minimises the expansion of the urban footprint to avoid high conservation value land and other environmentally constrained land. This reflects Council’s long-term strategic vision for the City as endorsed in the MyCoffs Community Strategic Plan.

•     Social

Chapter 7 Residential Lands seeks to address social impacts associated with delivering residential land by directing residential development to localities that are adequately serviced and in proximity to employment centres and strategic transport linkages. Chapter 7 has been amended to include a number of actions to address housing affordability in Coffs Harbour. The recommended actions contained within Chapter 7 Residential Lands reflect Council’s long-term strategic vision for Coffs Harbour in the MyCoffs Community Strategic Plan.

•     Civic Leadership

Chapter 7 Residential Lands demonstrates civic leadership by addressing the following objectives in the My Coffs Community Strategic Plan: C1.1 (We create liveable places that are beautiful and appealing); and C1.2 (We undertake development that is environmentally, socially and economically responsible).

•     Economic – Broader Economic Implications

Chapter 7 Residential Lands includes a number of actions that will facilitate and act on priorities set by the North Coast Regional Plan 2036. These actions relate to a greater supply of housing and housing diversity and choice. Chapter 7 Residential Lands assists in meeting the aims of the Coffs Harbour Local Growth Management Strategy in providing a coordinated, strategic and planned approach to cater for future residential growth. This provides certainty to the community and development industry.

•     Economic - Delivery Program/Operational Plan Implications

Chapter 7 Residential Lands identifies some changes to local planning controls to facilitate residential land across the Coffs Harbour LGA. Some actions contained within the Chapter are unfunded; therefore, implementation of these actions will be subject to funding through either Council’s Delivery Program, grant applications or other initiatives. Section 7.10 of Chapter 7 Residential Lands identifies the cost implications to Council of resourcing the policy recommendations associated with adoption of the Chapter.

Risk Analysis:

Chapter 7 Residential Lands was placed on public exhibition for an extended period, prior to its finalisation. All of the issues raised by submissions made during the exhibition period have been taken into consideration in finalising the chapter, thereby reducing Council’s risk.

Consultation:

Extensive community consultation was undertaken on draft Chapter 7 Residential Lands in accordance with the Coffs Harbour City Council Community Participation and Engagement Plan and legislative requirements. Draft Chapter 7 Residential Lands and the associated issues and options papers were placed on public exhibition from 17 June to 31 July 2020 on Council’s Have Your Say website. The public exhibition period was advertised in local media and promoted using Council social media channels. During the development of draft Chapter 7 Residential Lands, a number of external stakeholders from the building and development industry were involved in the process. These stakeholders, as well as key external stakeholders involved in Indigenous, refugee, social and community housing matters were also notified of the public exhibition process.

Details of community engagement undertaken (and to be undertaken) are outlined as follows:

Project Stage

Inform

Consult

Involve

Collaborate

Residential Strategy Phase 1 Draft Issues and Options Discussion Paper (2016)

x

x

x

 

Local Growth Management Strategy Review - Urban Lands (workshops, pop ups and survey) (2017)

x

x

x

 

Placescore liveability priorities survey (2019)

x

x

Workshop and survey with development and planning industry stakeholders (2019)

x

x

x

 

Internal staff review of draft Chapter 7 (2020)

x

x

 

 

Formal exhibition of draft Chapter 7

x

x

 

 

Finalisation of Chapter 7

x

x

 

 

Post Adoption Notification

x

 

 

 

Placescore

In early 2019, Council undertook extensive community consultation using the Placescore placemaking tool to understand community priorities and values. The top most ranked strength for the Coffs Harbour LGA in this study is “Elements of the Natural Environment”. Placescore results identified a strong community preference for good quality public spaces, access and safety of walking, cycling and public transport and dual mode pathways that connect housing to communal pathways. Actions included within Chapter 7 Residential Lands will contribute to the improvement of connectivity between neighbourhoods and the public realm within the Coffs Harbour LGA.

Related Policy, Precedents and / or Statutory Requirements:

The objectives and outcomes of Chapter 7 Residential Lands aim to assist in the delivery of the vision, aims and objectives of the North Coast Regional Plan 2036 and Council’s MyCoffs Community Strategic Plan. The Chapter is required to be endorsed by NSW DPIE and 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 final Chapter 7 Residential Lands, endorsement from NSW DPIE will be sought. Timeframes associated with this process are subject to DPIE’s internal processes.

Conclusion:

The purpose of this report is to seek endorsement of the final Coffs Harbour Local Growth Management Strategy - Chapter 7 Residential Lands (Attachment 1), which has been amended in response to the feedback received during agency and public consultation undertaken on the draft chapter and associated issues and options papers; and to seek its endorsement from the NSW DPIE. Adoption of Chapter 7 Residential Lands will provide a strategic approach to the sustainable delivery of residential development within the Coffs Harbour LGA over the next twenty years.

 

 


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SC20/63       Development Application No. 0164/20 - Centre-Based Childcare Facility and Kiosk (Change Of Use Involving Demolition, Alterations And Additions) - Lot 134 DP 1118502, 2 Beach Way, Sapphire Beach

Author:                         Development Assessment Officer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      B.1 A thriving and sustainable local economy

Attachments:               ATT1  SC20/63   Development Application No. 0164/20 - S4.15 Evaluation Report

ATT2  SC20/63   Development Application No. 0164/20 - Plans

ATT3  SC20/63   Development Application No. 0164/20 - Draft Conditions

ATT4  SC20/63   CONFIDENTIAL Development Application No. 0164/20 - Submissions

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

      

 

 

Executive Summary

This report provides an assessment of Development Application No. 0164/20 for a centre-based childcare facility and kiosk (change of use, involving demolition, alterations and additions) at Lot 134 DP 1118502, 2 Beach Way, Sapphire Beach.

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

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

-     Significant public interest and community input;

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

-     Significant land use; and

-     Major environmental issues.

Following public exhibition of the application, Council received 382 submissions (including one petition). Accordingly, this matter is reported to Council for determination due to ‘significant public interest and community input’.

 

Recommendation:

That Council:

1.      Approve Development Application No. 0164/20 for a centre-based childcare facility and kiosk (change of use, involving demolition, alterations and additions) at Lot 134 DP 1118502, 2 Beach Way, Sapphire Beach subject to the conditions in Attachment 3.

2.      Not insist on the restriction on use of the land, outlined in item 7 of the 88B instrument for DP 1118502 being “Any building on the lot burdened shall only be used as or in conjunction with a general store, restaurant or café”, be applied with respect to Development Application No. 0164/20.

3.      Release the restriction on use of the land, outlined in item 7 of the 88B instrument for DP 1118502, to enable the carrying out of the proposed development in accordance with Development Application No. 0164/20 subject to the conditions in Attachment 3.

4.      Council is to note the applicant is to file the appropriate extinguishment of restriction on use of land form, extinguishing item 7 of the 88B instrument for DP 1118502 with the Land and Property Information office.

5.      Advise persons who made a submission on Development Application No. 0164/20 of Council’s decision.

 

REPORT:

Applicant:

Cougle Consulting c/- Petersen Consulting Group

Landowner:

Cougle Investments Pty Ltd

Land:

Lot 134 DP 1118502, 2 Beach Way, Sapphire Beach

Zone:

R2 – Low Density Residential

Description:

Centre-based childcare facility and kiosk (change of use, involving demolition, alterations and additions)

Description of Item:

•     The Site

The site is legally described as Lot 134 in DP 1118502 (the land herein), having a frontage to Beach Way of 27.85 metres to the south, a depth of 27 metres along the western and eastern boundaries, and a 32.55 metre arc along the northern boundary resulting in a total site area of  1,110m².

The land is burdened and benefited by an easement for access and car parking associated to the nine (9) existing onsite car parking spaces along the south western boundary of the land, and a further 10 car parking spaces within the adjacent Beach Way road reserve.

The land is burdened by a restriction on use restricting any building on the land to be used as or in connection with a general store, restaurant or café. Coffs Harbour City Council is the authority having the benefit of the restriction. 

The land is currently developed with an existing two storey building. Previous development consents permitted this building to be used for a restaurant or cafe within the ground floor (1474/06DA) and manager’s residence within the first floor (1026/11DA).

The land adjoins a public reserve to the north, east and west that comprises playground equipment, shelters, table and seating, a sand pit and amenities building. The land beyond the public reserve to the east contains Coffs Coast Regional Park (Crown land) which continues into Campbells Beach. 

The land is mapped as containing bushfire prone land and mapped as being effected by flood waters.

•     The Development

The proposed development involves the change of use of an existing building, including demolition and alterations and additions, for a centre-based childcare facility for 40 children and kiosk. ‘Centre-based childcare facilities’ and ‘kiosks’ are uses that are permissible with consent in the R2 – Low Density Residential zone in which the site is located, pursuant to the Coffs Harbour Local Environmental Plan 2013.  

The childcare facility is proposed to cater for children aged from 3 or more years but under 6 years.

The childcare facility is proposed to operate between the hours of 6:30am and 6:00pm. Monday to Friday. 

The kiosk is proposed to operate between the hours of 6:30am and 9:00pm, Monday to Sunday.

Issues:

Development Application Assessment:

The main issues for the development application assessment are:

-     Consistency with zone objectives

-     Site suitability

-     Traffic generation

-     Sufficiency of off street parking

These issues are detailed in the Section 4.15 Evaluation Report provided as Attachment 1 to this report.

Restriction on Use of Land:

The restriction on use (restricting any building on the land to be used as or in connection with a general store, restaurant or café) was imposed on the land when the land was subdivided and the property title registered.  Coffs Harbour City Council is the authority having the benefit of the restriction.  To enable the development proposed by Development Application No. 0164/20, the restriction on use must be released.  As this application is considered appropriate for approval, it is recommended that the restriction is released.

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:

In accordance with the provisions of Councils Community Participation and Engagement Plan, the application was publicly advertised and notified to nearby and adjoining landowners with an opportunity to provide a submission from 18 September 2019 to 16 October 2019. There were 201 submissions received during the public exhibition period and a further 181 submissions received outside the public exhibition period, including one petition. Of the 382 submissions received in total, 381 submissions were objecting to the development and one submission was supporting the proposed development.

A summary of the issues raised and how these issues are addressed is outlined in Attachment 1 of this report. 

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

Related Policy, Precedents and / or Statutory Requirements:

The statutory instruments relevant to the development include the following:

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

-    State Environmental Planning Policy (Educational Establishments and Child Care Faculties) 2017;

-    State Environmental Planning Policy (Coastal Management) 2018;

-    State Environmental Planning Policy (Infrastructure) 2007;

-    Coffs Harbour Local Environmental Plan 2013;

-    Coffs Harbour City Council Community Participation and Engagement Plan;

-    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 (Attachment 3) and that the restriction as to user be released.

 


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SC20/64       Request For Review - Development Application No. 0170/20 - Boarding House (Including Demolition of Existing Structures) - Lot C DP 408189, 2A Gundagai Place, Coffs Harbour

Author:                         Development Assessment Coordinator

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:               ATT1  SC20/64   Development Application No. 0170/20 - 4.15 Evaluation Report

ATT2  SC20/64   Development Application No. 0170/20 - Plans

ATT3  SC20/64   Development Application No. 0170/20 - Draft Conditions

ATT4  SC20/64   CONFIDENTIAL Development Application No. 0170/20 - 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  SC20/64   Development Application No. 0170/20 - SC20/19 Report to Council 14 May 2020

ATT6  SC20/64   CONFIDENTIAL Development Application No. 0170/20 - SC20/19 Report to Council 14 May 2020 - Confidential Attachments   

      

 

 

Executive Summary

At Council’s meeting of 14 May 2020, Council resolved that Development Application No. 0170/20 for a Boarding House (including demolition of existing structures) at Lot C DP 408189, 2A Gundagai Place, Coffs Harbour be refused.

On 28 July 2020, Council received a request for a review of the determination under Section 8.2 of the Environmental Planning and Assessment Act 1979 (EP&A Act) from the applicant. 

As part of this request, the applicant has made amendments to the proposal and development application.

The request for review and amended proposal was notified and advertised, as required by the Environmental Planning and Assessment Regulation 2000. Seventeen (17) submissions were received.

As the determination was made by Council, the EP&A Act requires that the review of the determination must be made by Council and cannot be made by a delegate of Council.

The purpose of this report is to present the applicant’s request to Council to allow the determination of the development to be formally reviewed.

 

Recommendation:

That Council:

1.      Undertake a review of the determination of Development Application No. 0170/20 in accordance with Section 8.2 of the Environmental Planning and Assessment Act 1979.

2.      Approve Development Application No. 0170/20 for a Boarding House (including demolition of existing structures) at Lot C DP 408189, 2A Gundagai Place, Coffs Harbour subject to the draft conditions in Attachment 3.

3.      Advise persons who made a submission to the request for review of Council’s decision.

 

REPORT:

Applicant:

Designcorp Architects

Landowner:

GDK Property Investments Pty Ltd

Land:

Lot C DP 408189, 2A Gundagai Place, Coffs Harbour

Zone:

R3 Medium Density Residential

Description:

Boarding House (including demolition of existing structures)

Description of Item:

Development Application No. 0170/20 was reported to Council on 14 May 2020.  At that meeting, Council resolved as follows:

That Council:

1.      Refuse Development Application No. 0170/20 for a Boarding House (including demolition of existing structures) at Lot C DP 408189, 2A Gundagai Place, Coffs Harbour on the basis of

(a)     unacceptable impacts on neighbourhood amenity

2.      Advise persons who made a submission on Development Application No. 0170/20 of Council’s decision.

On 28 July 2020, Council received a request for a review of the determination of this application under Section 8.2 of the Environmental Planning and Assessment Act 1979 (EP&A Act) from the applicant. 

The request for review amended the proposal by;

-     Inclusion of an on-site manager and manager’s residence. It is proposed that the on-site manager be responsible for the day-to-day operation of the boarding house and to assist with managing potential amenity impacts to the neighbourhood.

-     Submission of a revised management plan.

-     Submission of a revised landscaping plan.

The request for review included a covering letter that described the amendments, detailed the arrangement and responsibilities for the onsite manager and provided the revised management plan.

A full copy of the Council report and all attachments when this application was originally considered by Council on 14 May 2020 is provided as Attachment 5 and 6 to this report.

Issues:

The applicant has requested that the determination made by Council at its meeting of 14 May 2020 be reviewed, pursuant to Section 8.2 of the EP&A Act. The applicant has provided an amended development proposal with their request for review.

While the request for review involves some amendments to the development, no additional assessment issues have been identified.

The original report identified the following assessment issues:

-     car parking and traffic generation,

-     amenity impacts, such as noise, privacy, security,

-     compatibility with nearby and adjoining land uses.

The amendments to the proposed development by inclusion of an on-site manager and manager’s residence are accepted as improvements to the development as a whole.  It is proposed that the on-site manager be responsible for the day-to-day operation of the boarding house and to assist with managing potential amenity impacts to the neighbourhood. The revised management plan further details how management will occur.

The revised landscaping plan is an improved response for landscaping of the development by providing more landscape screening to the boundaries of the site with more appropriate tree species and providing a revised communal open space area.

The inclusion of the on-site manager has been reinforced by a recommended condition of consent.

All of these issues are addressed further in the s 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:

Regulation 113A of the Environmental Planning and Assessment Regulation 2000 requires that a request for review of determination and the development proposal must be notified or advertised for a period of 14 days and in the same manner as the original development application.

This request and development proposal was notified and advertised with a submission period from 29 September to 13 October 2020. Seventeen (17) submissions were received. One (1) of these is a petition with 35 signatures.

A full copy of the submissions is provided as Attachment 4 to this report.

Related Policy, Precedents and / or Statutory Requirements:

Statutory Requirements for Reviews under Environmental Planning and Assessment Act 1979

Part 8, Division 8.2 of the Environmental Planning and Assessment Act 1979 (NSW) stipulates a number of statutory requirements in relation to reviews.  This includes provisions relating to:

-     power for an applicant to request a review and obligation on a consent authority to undertake a review (if requested),

-     the matters that can be the subject of a review,

-     the period in which a review may be made.

Division 8.2 also provides that:

-     an applicant may amend the proposal when requesting a review,

-     the consent authority must review the matter having regard to the amended development, but only if it is satisfied that it is substantially the same development and,

-     the review of a determination made by a council is to be conducted by the council (and not by a delegate of the council).

A development application determination is a matter that an applicant may request the consent authority to review.  The request for this review has been made within the requested time period.  The applicant has amended the proposal slightly with this review.  The amendments that have been made are described in the Description of Item section of this report.  The development with the amendments can be regarded as substantially the same development as the proposed development originally determined by Council. 

As the determination of this development application was made by Council, this review must be conducted by Council.

Statutory Instruments for Development Application Assessment under Environmental Planning and Assessment Act 1979

The statutory instruments relevant to assessment of this development application include the following:

-    Environmental Planning and Assessment Act 1979

-    Environmental Planning and Assessment Regulation 2000

-    State Environmental Planning Policy (Affordable Rental Housing) 2009

-    State Environmental Planning Policy (Coastal Management) 2018

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

-    Coffs Harbour Local Environmental Plan 2013

-    Coffs Harbour Development Control Plan 2015

Implementation Date / Priority:

The applicant will be formally advised of the outcome of the review. 

In the event that the determination is changed on review, the changed determination replaces the earlier determination. 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 (Attachment 3).

 

 


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SC20/65       NRPP - Development Application No. 0328/16 - Extractive Industry (Quarry Extension) - Lot 550, DP 1181369 & Lot 76, DP 752820, 3367 Solitary Islands Way, Dirty Creek

Author:                         Development Assessment Coordinator

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:               ATT1  SC20/65   NRPP Development Assessment Report          

 

 

Executive Summary

The purpose of this report is to advise that a development assessment report, prepared by Council, for Development Application No. 0328/16 has been lodged with the Northern Regional Planning Panel for determination.  

The proposed development is for Extractive Industry (Quarry Extension).

Clause 20 of State Environmental Planning Policy (State & Regional Development) 2011 declares the development specified in Schedule 7 of the Policy to be regionally significant development.

Schedule 7 (7)(a) includes extractive industries, which meet the requirements for designated development under clause 19 of Schedule 3 to the Environmental Planning and Assessment Regulation 2000.

Given that the proposed development is an extractive industry identified as ‘designated development’ by the Environmental Planning and Assessment Regulation 2000, the proposed development is regionally significant development 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 provided attached to this report as Attachment 1 NRPP Development Assessment Report.  It is recommended that the content of this report be noted.

 

Recommendation:

That Council note the report.

 

REPORT:

Applicant:

Rixa Quarries Pty Ltd

Landowner:

Mr S Apokis and The Crown (State of NSW)

Land:

Lot 550 DP 1181369 & Lot 76 DP 752820, 3367 Solitary Islands Way, Dirty Creek

Zone:

RU2 Rural Landscape, E2 Environmental Conservation and SP2 Infrastructure

Description:

Extractive Industry (Quarry Extension)

Description of Item:

The purpose of this report is to advise that Development Application No. 0328/16 is scheduled for consideration by the Northern Regional Planning Panel.  This application proposes an Extractive Industry (Quarry Extension).

Issues:

·    Regional Planning Panel Determination

Section 4.5 of the Environmental Planning and Assessment Act 1979 specifies that the regional planning panel for the area in which the development is to be carried out, being the Northern Regional Planning Panel, is the consent authority in the case of development of a kind that is declared regionally significant development. 

Clause 20 of State Environmental Planning Policy (State & Regional Development) 2011 declares the development specified in Schedule 7 of the Policy to be regionally significant development.

Schedule 7 (7)(a) includes extractive industries, which meet the requirements for designated development under clause 19 of Schedule 3 to the Environmental Planning and Assessment Regulation 2000.

Given that the proposed development is an extractive industry identified as ‘designated development’ by the Environmental Planning and Assessment Regulation 2000, the proposed development is regionally significant development required to be determined by the Northern Regional Planning Panel.

·    Process for Development Applications Determined by the Regional Planning Panel

Development applications which are determined by the 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 Planning Panels Secretariat.  The report is placed on the NSW Planning Portal prior to the Northern Regional Planning 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 Regional Planning Panel.  The NSW Department of Planning, Industry and Environment publication titled ‘Sydney District and Regional Planning Panels operational procedures’ and dated August 2020 has relevant sections to clarify Councillors role in applications determined by the Panel.

In particular, Clause 11.12 of the operations procedures is relevant as follows:

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

After the assessment report is sent to the secretariat, it may be given to the elected council to assist in its decision as to whether it will be making a submission to the Panel. The elected council’s submission should not be prepared by persons involved in the assessment of the application but could be prepared by another council officer, or a consultant.

A council submission should not be specifically referenced in the assessment report or recommendations prepared by the council staff. If council makes a submission, a staff representative or individual Councillors may register to address the Panel at the meeting to express the views of council.

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

Sustainability Assessment:

•     Environment

The purpose of this report is to advise that Development Application No. 0328/16 is scheduled for consideration by the Northern Regional Planning Panel.  Matters relating to environmental impact 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. 0328/16 is scheduled for consideration by the Northern Regional Planning Panel.  Matters relating to social impacts associated with the proposed development are addressed in the development assessment report appended to this item.

•     Civic Leadership

Council staff have undertaken their role in assessment of this application.

•     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 Coffs Harbour Development Control Plan 2015 on two separate occasions for a period of 28 days and two (2) submissions were received.

The matters raised in submissions are considered 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 application is scheduled to be considered by the Northern Regional Planning Panel at its meeting of the 18 November 2020.

Conclusion:

This report provides some detail of Development Application No. 0328/16 and the process of consideration of the application by the Northern Regional Planning Panel.

 

 


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