Coffs Harbour City Council

18 November 2020

 

Ordinary Council Meeting

 

The above meeting will be held in the Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour on:

 

Thursday, 26 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

GM20/31         Council Meeting Dates 2021.............................................................................. 4

GM20/32         Council Committees - Sustainability Advisory Committee................ 7

GM20/33         Council Committees - Heritage Advisory Committee......................... 12

GM20/34         Bushfire Local Economic Recovery Fund Grant Applications..... 18

 

Directorate Reports - Business Services

BS20/67          Bank and Investment Balances for October 2020............................... 36

BS20/68          Quarterly Operational Plan and Budget Review Statement for September 2020.................................................................................................... 57

BS20/69          Contract No. RFT-1299-TO - Hire of Equipment (Plant and Trucks) 2020-2022............................................................................................................................ 84

BS20/70          Sale of Property at 169-171 Rose Avenue, Coffs Harbour.............. 90

BS20/71          Coffs Harbour Airport Long Term Lease - Stage 4 Preferred Tenderer Lease Negotiations and Execution....................................... 95

 

Directorate Reports - Sustainable Communities

SC20/66          Coffs Harbour City Council 2019/20 Annual Report......................... 101

SC20/67          City Hill Scoping Project Revised Site Analysis - Post Exhibition 354

SC20/68          Woolgoolga and Northern Beaches Youth Educational & Events Centre and Upcycled Training Facility.................................................. 475

SC20/69          Coffs Harbour Local Growth Management Strategy - Chapter 8 Employment Lands - Conditional Approval by NSW Government 479

SC20/70          Coffs Harbour Local Environmental Plan 2013 - Housekeeping Amendment No. 3 (Including Woolgoolga Town Centre Masterplan and Local Growth Management Strategy Design Excellence for Industrial Areas) - Post-Exhibition.......................................................... 551

SC20/71          Coffs Jetty Strip Structure Plan - Post Exhbition......................... 647

SC20/72          Development Application No. 0290/20 - Residential Flat Building (46 Apartments) and Business Premises (2 Tenancies at Ground Floor) - Lot 2 DP 725818, Lot 3 DP 725818 & Lot B DP 339499, 57 Collingwood and 11 Orlando Street, Coffs Harbour.......................................................... 705

SC20/73          Development Application No. 0708/20 - Dual Occupancy (Detached, Involving Change of Use of Existing Building and Use of existing Unapproved Additions) - Lot 21 DP 792034, 110 North Island Loop Road, Upper Orara....................................................................................................... 787

SC20/74          Options to Undertake Supportive Monitoring of Intensive Agricultural Industry.................................................................................. 812

SC20/75          Royal Australian Air Force - No. 36 Squadron - Freedom of Entry 818

 

Directorate Reports - Sustainable Infrastructure

SI20/20           Coastal Works Governance Framework.............................................. 823   


GM20/31      Council Meeting Dates 2021

Author:                        Governance Coordinator

Authoriser:                  Group Leader Governance

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

Attachments:              ATT1  GM20/31  Council Meeting Dates 2021  

 

Executive Summary

To seek council’s endorsement of the Ordinary Council meeting dates for the 2021 calendar year.

 

 

Recommendation:

That:

1.       No Council meetings be scheduled for January 2021.

2.       Meetings from February to November 2021 are scheduled on the second and fourth Thursday of each month.

3.       No meetings will be held in September due to the 2021 Local Government Elections.

4.       The last Council meeting for 2021 be scheduled on 9 December 2021.

 

Report

Description of Item:

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

Issues:

NSW Local Government has a well-established precedent of having a recess during January.  For the coming period, Thursday 11 February 2021 would be the first meeting for the New Year.

 

Due to the Local Government Elections on 4 September 2021, the caretaker period will commence in early August 2021.  There will be no meetings held in September 2021.  The first meeting for the newly elected Council will be 14 October 2021.  This timing takes into consideration the time for the declaration of successful candidates and the provision of Councillor inductions.

 

It is recommended that one meeting be held in December 2021, being Thursday 9 December 2021, two weeks after the last meeting in November 2021.

 

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

Options:

1.    Adopt the recommendation provided to Council.

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

3.    Reject the recommendation provided to Council, though this would be somewhat problematic as Council is required to advertise the meeting dates for 2021.

Sustainability Assessment:

•     Environment

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

•     Social

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

•     Civic Leadership

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

•     Economic – Broader Economic Implications

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

•     Economic - Delivery Program/Operational Plan Implications

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

Risk Analysis:

This is not applicable to this report.

Consultation:

Internal consultation has occurred.

Related Policy, Precedents and / or Statutory Requirements:

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

 

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

Implementation Date / Priority:

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

Conclusion:

The table of proposed council meetings for 2021 is attached for endorsement by Council.

 


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GM20/32      Council Committees - Sustainability Advisory Committee

Author:                        Governance Coordinator

Authoriser:                  Group Leader Governance

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

Attachments:              ATT1  GM20/32  Draft Terms of Reference - Sustainability Advisory Committee  

 

Executive Summary

At its 12 March 2020 Meeting, Council established the Sustainability Advisory Committee and terms of reference.  Council recently completed an expression of interest (EOI) to fill the four community member and two community organisation representative vacancies on this Committee.  The EOI identified suitable nominations for all roles and this report:

 

·     Provides Council with details regarding the EOI

·     Presents the recommended nominees for appointment

·     Seeks to appoint a Councillor to the committee

 

Recommendation:

That Council:

1.    Appoint Councillor ____________ to this Committee.

2.    Appoint the following community member nominees to the Sustainability Advisory Committee:

2.1.    Barney Maple,

2.2.    Janelle Mawhinney,

2.3.    Jonathan Cassell,

2.4.    Lindy Davis.

3.    Appoint representatives from the following community organisations to the Sustainability Advisory Committee:

3.1.    Repower Coffs,

3.2.    Mission Australia – Mid North Coast NSW.

 

Report

Description of Item:

At the 12 March 2020 Meeting, Council established the Sustainability Advisory Committee and its terms of reference (ToR).  An EOI was held from 21 August 2020 to 11 September 2020 (21 days) with advertisement though Council’s website, social media channels, Council’s Newsroom print publication, Our Living Coast e-newsletter and Facebook site and the MyCoffs Facebook site.

 

Council received 11 applications from community members and two applications from community organisations.  Applicants were assessed by a panel of Council staff for their suitability based on their:

 

·     Community involvement within the Coffs Harbour Local Government Area

·     Participation in community based environmental sustainability projects

·     Depth and range of experience and/or expertise in one or more of the following areas:

-      Providing community input, advice and feedback on:

The review of the Renewable Energy and Emissions Reduction Plan

Developing community emissions reduction targets and measures to achieve them

Other relevant projects nominated by Council or Council staff.

-      Engaging with stakeholders relevant to the committee for achieving the purpose

-      Disseminating information about council programs and events into the community

-      Promoting community participation in environmental programs and activities

 

The assessment panel recommended the following nominees as they would enhance the committee by bringing a diverse range of skills, knowledge, community networks and expertise:

 

·     Barney Maple

·     Janelle Mawhinney

·     Jonathan Cassell

·     Lindy Davis

 

Both community organisation applications were considered suitable for this committee and it is recommended that council appoint representatives from the following community organisations:

 

·     Repower Coffs

·     Mission Australia – Mid North Coast NSW

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 rejecting a nomination) and then adopt.

3.    Reject the recommendation provided to Council.

Sustainability Assessment:

•     Environment

A Sustainability Advisory Committee enables Council to draw on community and stakeholder expertise to support Council in effectively addressing a range of environmental issues.

•     Social

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

•     Civic Leadership

The Sustainability Advisory Committee opens a new avenue for increasing levels of engagement with community members and stakeholders and draws on their passion and expertise for environmental sustainability.  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

At the 12 March 2020 Council meeting, Council resolved:

 

“Consider the allocation of $30,000 for additional resources to support the operation of the Sustainability Advisory Committee in the 2020/2021 Operational Plan and Budget.”

 

As a result, the costs associated with the coordination this committee has been factored in to the 2020/2021 Operational Plan and Budget.

Risk Analysis:

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

Consultation:

Consultation has occurred and continues to occur with various stakeholders involved in this committee.

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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GM20/33      Council Committees - Heritage Advisory Committee

Author:                        Governance Coordinator

Authoriser:                  Group Leader Governance

MyCoffs:                      B.2 A community achieving its potential

Attachments:              ATT1  GM20/33  Draft Terms of Reference - Heritage Advisory Committee  

 

Executive Summary

The Heritage Executive Committee and its terms of reference (ToR) was recently reviewed and the following changes have been recommended:

 

·    Change the Committee’s title from Heritage Executive Committee to Heritage Advisory Committee

·    Refine the Committee’s purpose, objectives, scope and delegations

·    Expand the membership to include a Councillor and encompass a wider range of heritage related sectors of the community

 

This report provides details of the review and recommends that Council endorses these changes by adopting the amended ToR and appointing a Councillor to the Committee.

 

Recommendation:

That Council:

1.    Adopt the amended Heritage Advisory Committee Terms of Reference.

2.    Appoint Councillor ____________ to this Committee.

3.    Note that an expression of interest to the newly created roles will be held as a result of the amended Terms of Reference.

4.    Endorse the continuation of the Heritage Advisory Committee until 2024.

 

Report

Description of Item:

The Heritage Executive Committee was established in 2003 as an action from Council’s Heritage Strategy.  In May 2018, the revised Heritage Strategy was adopted and the committee’s term was extended to 2020.  The Heritage Executive Committee and its ToR has been reviewed:

 

·     As part of an assessment of Council’s committees

·     In advance of another review of Council’s Heritage Strategy, and

·     To assess whether the Committee should continue beyond 2020.

 

The review determined that the Committee should continue as it is still relevant and the following improvements to the ToR would strengthen it:

 

·     Change the Committee’s title from “Heritage Executive Committee” to “Heritage Advisory Committee”

·     Refine the Committee’s purpose, objectives, scope and delegations

·     Expand the membership to include a Councillor and encompass a wider range of heritage related sectors of the community

 

The recommended changes are detailed below.

 

Committee title change

The Committee’s title has been changed to “Heritage Advisory Committee” to reflect its role as an advisory committee.

 

Committee’s purpose, objectives and scope

The Committee’s purpose, objectives and scope were re-ordered under different headings and more clearly defined.

 

There have also been changes to the objectives to state that the Committee provides input, rather than endorses, the Coffs Harbour Heritage Strategy.  It is Council’s responsibility to endorse this strategy.  It was also amended so that the Committee educate and inform, rather than advise, Council of the City's heritage resources.  Council’s Heritage Advisor is responsible for providing advice.

 

The updated scope is: “the Heritage Advisory Committee covers heritage related issues within the context of the Council’s Heritage Strategy relating to the Coffs Harbour Local Government Area”.

 

These changes do not substantially affect their current role.

 

Committee’s delegations

The following delegations were included to reflect the committee’s role with Local Heritage Funds:

 

·     Review the merit of and advise on the allocation of individual Local Heritage Fund applications

·     Assist and advise Council with the identification of heritage items in the Coffs Harbour local government area

 

Committee Membership Expansion

The Committee’s membership has been expanded to incorporate a wider range of heritage related community sectors to provide greater insight into the Coffs Harbour Local Government Area’s unique heritage.  The following is the recommended list of Committee members:

 

·     One Councillor (new role)

·     One Family History Society representative (current role)

·     One Historical Society representative (current role)

·     One Museum representative (new role)

·     One Maritime representative (new role)

·     One Cultural/Arts Community representative (new role)

·     Coffs Harbour Local Aboriginal Land Council representative (current role)

 

The current ToR has a Council staff member on the Committee.  As Council staff normally hold ex-officio positions on similar Committees, this was changed to have a Councillor appointed to the Committee instead.

 

If Council adopts the amended ToR, expressions of interest will be sought to fill all vacant and newly created roles.

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 the ToR) and then adopt.

3.    Reject the recommendation provided to Council.

Sustainability Assessment:

•     Environment

There are no environmental impacts relating to this report.

•     Social

Establishing Council committees 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

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 this committee’s review and amending the ToR.

Consultation:

Consultation has occurred and continues to occur with various stakeholders involved in this committee.

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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GM20/34      Bushfire Local Economic Recovery Fund Grant Applications

Author:                        Director Business Services

Authoriser:                  General Manager

MyCoffs:                      B.1 A thriving and sustainable local economy

Attachments:              ATT1  GM20/34  Bushfire Local Economic Recovery Fund Guidelines  

 

Executive Summary

The Bushfire Local Economic Recovery (BLER) Fund, jointly funded by the Australian and NSW Governments, is a $250 million fund which provides grants to support the social and economic recovery of communities affected by bushfire in 47 regional NSW Local Government Areas (LGAs), including the Coffs Harbour LGA.  Grants of between $200,000 and $20 million are available for eligible projects and funding is available in the following three categories:

 

·     Infrastructure projects, such as roads to support increased industrial development

·     Environmental projects, such as regeneration activities.

·     Programs including social, business and environmental education initiatives.

 

From a review of outstanding significant projects endorsed by Council in April 2018 and a review of the current Delivery Program, three priority infrastructure projects have been identified for grant applications to the BLER fund and are recommended to Council, being:

 

1.    Jetty Theatre Project (total project cost $4 million, grant application for $4 million);

2.    Brelsford Park Masterplan Project (total project cost $5 million, grant application for $5 million); and

3.    Woolgoolga and Sawtell Swimming Pools Redevelopment (total project cost $15 million, grant application for $9 million).

The recommendation also notes that grant applications will also be made to facilitate some positive recovery and engagement activities.

 

As part of the Delivery Program/Operational Plan setting process for 2021/22, Council officers will further review projects for priority grant funding.  A suggested list will be provided to Council for its consideration early next calendar year.

 

Recommendation:

That Council:

1.       Endorse the following infrastructure projects for grant applications to the Bushfire Local Economic Recovery Fund:

1.1.    Jetty Theatre Project (grant application $4 million);

1.2.    Brelsford Park Masterplan Project (grant application $5 million); and

1.3.    Woolgoolga and Sawtell Swimming Pools Redevelopment (grant application $9 million).

2.       Note that grant applications will be made to facilitate some recovery and engagement activities.

 

Report

Description of Item:

The BLER Fund provides $250 million of further funding to support the social and economic recovery of communities affected by bushfire in 47 regional NSW Local Government Areas.  The Coffs Harbour Local Government Area is included.  The program is jointly funded by the Australian and NSW Governments and will support projects that retain and create new jobs in regional areas, build resilience and increase preparedness for future bushfire seasons.  A copy of the guidelines is attached for information.

 

Funding is available in the following three categories:

 

·       Infrastructure projects, such as roads to support increased industrial development.

·       Environmental projects, such as regeneration activities.

·       Programs including social, business and environmental education initiatives.

 

Grants of between $200,000 and $20 million will be available for projects such as:

 

·     Local community and cultural infrastructure

·     Tourism campaigns (including digital product development) and regional events

·     Workforce adaptation and work ready training programs

·     Community wellbeing and mental health programs

·     Tourism infrastructure including walking and mountain bike trails

·     Neighbourhood safer places.

 

At its meeting on 12 April 2018, Council considered a number of significant projects for endorsement for potential grant applications around the time of the State and Federal Government elections. Council resolved (Resolution No. 2018/83):

 

That Council:

 

1.       Endorse that the following projects be brought to CTP Level 2 (ready to construct status) readiness:

a.    Jetty Theatre Project

b.    Jetty Foreshores Stage 5 (Carpark)

c.    NCRBG Glasshouse Project

d.    Woolgoolga Beach Reserve Improvement Project

e.    Arrawarra Reserve Project

f.     Woolgoolga Whale Trail Project

 

2.       Endorse that the Brelsford Park Masterplan Project and Jetty Foreshores Stage 6 (subject to funding availability) be brought to CTP Level 1 (ready for grant submission status) readiness.

 

3.       Endorse the reallocation of a total of $445,000 from existing project funds or relevant reserves, via the next Quarterly Budget Review process, to each project in the following amounts:

a.    $80,000 to Jetty Theatre Project;

b.    $150,000 to Woolgoolga Beach Reserve Improvement Project (acknowledging an additional $60,000 has already been committed for this purpose);

c.    $45,000 to NCRBG Glasshouse Project;

d.    $50,000 to Jetty Foreshores Stage 5 (Carpark);

e.    $42,000 to Woolgoolga Whale Trail Project;

f.     $36,000 to Arrawarra Reserve Project;

g.    $52,000 to Brelsford Park Masterplan Project.

 

4.       Receive a future report, upon the identification of appropriate funding sources, for the purpose of reallocating an additional $198,000 in order to advance the Brelsford Park Masterplan Project from CTP1 to CTP2 readiness.

 

Council has been largely successful in obtaining grant funding for a number of these significant projects.  An update on the status of these projects is as follows:

 

Project

Status

Jetty Theatre Project

Designed and development application approved

Jetty Foreshores Stage 5 (Carpark)

Designed and required grant funding approved

NCRBG Glasshouse Project

Designed and required grant funding approved

Woolgoolga Beach Reserve Improvement Project

Designed and required grant funding approved for stage 1 works

Arrawarra Reserve Project

Designed and required grant funding approved

Woolgoolga Whale Trail Project

Designed and required grant funding approved

Brelsford Park Masterplan Project

Further design work required

Jetty Foreshores Stage 6

Further design work required and a level of grant funding approved.

 

The projects highlighted in green are in progress with the necessary funding secured.  The projects highlighted in orange either required grant funding or further grant funding to complete the full scope of the project.  Both the Brelsford Park Masterplan Project and Jetty Foreshores Stage 6 require further design work to be completed to facilitate grant funding.

 

For the purposes of the BLER Fund, the Jetty Theatre Project and Brelsford Park Masterplan Project are suitable candidate projects.  In addition, through a review of the current Delivery Program, two other priority projects have been identified as potential grant projects for the BLER fund, as they are sufficiently advanced in design.  These projects are the Woolgoolga and Sawtell swimming pools and cultural components of the Cultural and Civic Space Project.  However, the guidelines for the BLER Fund required projects to be completed by no later than 30 June 2022 and therefore, in accordance with the current project plan, the Cultural and Civic Space Project completion is not able to meet this date.  Therefore, infrastructure project grant applications to the BLER Fund are recommended for:

 

1.    Jetty Theatre Project (total project cost $4 million, grant application for $4 million);

2.    Brelsford Park Masterplan Project (total project cost $5 million, grant application for $5 million); and

3.    Woolgoolga and Sawtell Swimming Pools Redevelopment (total project cost $15 million, grant application for $9 million).

 

In addition to infrastructure projects, the BLER Fund also provides grants for certain recovery programs. The following programs have been identified for funding applications to be 100% grant funded:

 

1.    MyCoffsConnect Mobile Engagement/Library/Outreach Bus – Digital literacy, social connections, community engagement through a series of outreach engagement and workshops across the LGA ($200,000).

2.    Digital Marketing and Development – Phase 2 of the tourism marketing campaign to include digital gamification encouraging dispersal around the region, AR products for visitor attraction, digital skill development of visitor economy businesses and digital coverage across the LGA, to drive increased visitation and business growth, therefore increasing employment opportunities ($400,000).

Issues:

Although Council identifies infrastructure projects through the Delivery Program and Operational Plan as part of the Integrated Planning and Reporting Framework, significant projects are not currently prioritised through this process.  As noted above, Council last endorsed a list of significant projects in April 2018.

 

As part of the Delivery Program / Operational Plan setting process for 2021/22, Council officers will further review projects for priority grant funding.  A suggested list will be provided to Council for its consideration early next calendar year.

Options:

Council has the following options to consider in relation to this matter.

 

1.    Adopt the recommendation and endorse the nominated three infrastructure projects for grant applications to the BLER Fund.

2.    Amend the recommendation by adding or deleting projects, which met the grant guidelines, for grant applications to the BLER Fund.

3.    Reject the recommendation and not apply for grant funding through the BLER fund.

 

The recommendation also notes that grant applications will also be made to facilitate some positive recovery and engagement activities.

Sustainability Assessment:

•     Environment

There are no environmental impacts associated with this report; however, the projects identified within this report would each go through a process of environmental impact assessment.

•     Social

All projects provided for Council’s consideration above are consistent with the MyCoffs Community Strategic Plan and the social imperatives of Council’s wider strategies.

•     Civic Leadership

Accelerating three infrastructure projects through grant funding demonstrates Council’s civic leadership by using this opportunity to provide economic stimulus to the Coffs Harbour LGA.

•     Economic – Broader Economic Implications

The progression of the three identified infrastructure projects through grant funding with boost economic activity and employment within the Coffs Harbour LGA.

•     Economic - Delivery Program/Operational Plan Implications

Since all these projects are included in Council’s capital works plans all costs would have been incurred in the current or future years The financial impact will therefore be limited to the bringing forward of some future expenditures into the current financial year.

Risk Analysis:

The projects identified in this report represent two projects from Council’s previously determined significant projects list and one current priority project identified from the current Delivery Program.

Consultation:

Consultation with internal stakeholders has been undertaken to confirm the projects for BLER funding.

Related Policy, Precedents and / or Statutory Requirements:

There are no Policy, Precedent, or Regulatory requirements which relate to this report other than the BLER Fund Guidelines attached.

Implementation Date / Priority:

BLER fund grant applications opened on 27 October 2020 and close on 11 December 2020.

Conclusion:

This report provides Council with the opportunity to consider a number of projects for grant applications to the BLER Fund.  It is recommended that three priority infrastructure projects be endorsed.

 

 


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BS20/67       Bank and Investment Balances for October 2020

Author:                        Section Leader Financial Planning

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS20/67   Investment Performance Report for the Month Ended 31 October 2020  

 

Executive Summary

Council’s Bank Balances and Investments as at 31 October 2020 totalled $224,233,589.60.  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 $224,233,589.60 (including from loans, Developer Contributions and other avenues that form the restricted accounts and are committed for future works) as at 31 October 2020.

 

Report

Description of Item:

A copy of the state of Bank Balances and Investments as at 31 October 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 October 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 31 October 2020, it is noted that the total bank and investment balance was $224,233,589.60 comprising restricted and unrestricted General, Trust, Water and Sewerage Fund cash and investments.

Risk Analysis:

The likelihood of risks associated with New South Wales Local Government’s investing funds is now remote due to the conservative nature of investments permitted under statutory requirements.  The risk of capital not being returned in relation to each individual investment Council owns is indicated in the attachment.  Council officers have considered the risk to its portfolio in light of the recent COVID-19 pandemic.  Council has portfolio policy limits and risk management related strategy that provide protection against exposure to investment related risks.  Council also has maximum holding limits based on credit quality and counterparty limits and there is not considered to be a significant increase in these risks at this point in time.

 

The main risks for Council’s investment portfolio are liquidity and credit risk, both of which are being managed under the advice of Laminar Group Pty Ltd.  Liquidity risk is the risk that the Council is unable to redeem the investment at a fair price within a timely period and thereby incurs additional costs (or in the worst case is unable to execute its spending plans).  Credit risk is the risk of loss of principal stemming from a financial institutions failure to repay that principal when that principal is due.  Council is compensated for assuming credit risk by way of interest payments from the financial institutions issuing the investment security.

 

Credit risk is rated by various rating agencies.  Investment securities in Council’s current portfolio are rated by either Standard and Poors or Fitch, with the majority of the portfolio rated by Standard and Poors.  Standard and Poors credit ratings and an explanation of their ratings are as follows:

 


 

 

Rating

Ratings Explanation

AAA

Extremely strong capacity to meet financial commitments.  Highest Rating.

AA

Very strong capacity to meet financial commitments.

A

Strong capacity to meet financial commitments, but somewhat susceptible to adverse economic conditions and changes in circumstances.

BBB

Adequate capacity to meet financial commitments, but more subject to adverse economic conditions.

BBB-

Considered lowest investment grade by market participants.

BB+

Considered highest speculative grade by market participants.

BB

Less vulnerable in the near term but faces major ongoing uncertainties to adverse business, financial and economic conditions.

B

More vulnerable to adverse business, financial and economic conditions but currently has the capacity to meet financial commitments.

CCC

Currently vulnerable and dependent on favourable business, financial and economic conditions to meet financial commitments.

CC

Currently highly vulnerable.

C

Currently highly vulnerable obligations and other defined circumstances.

D

Payment default on financial commitments.

 

Ratings from ‘AA’ to ‘CCC’ may be modified by the addition of a plus (+) or minus (-) sign to show relative standing within the major rating categories.

 

Types of investment securities by credit risk ranking from highest to lowest are as follows:

 

·     Deposits/Covered Bonds – these share first ranking

·     Senior debt – Floating Rate Notes/Fixed Coupon Bonds.

·     Subordinated debt

·     Hybrids

·     Preference shares

·     Equity shares (common shares).

 

Subordinated debt, hybrids, preference and equity shares are not a permitted investment under the current Ministerial Order.  Term deposits of $250,000 or less per financial institution are covered under the Commonwealth Government Deposit Guarantee Scheme and therefore by default have the same credit rating as the Commonwealth Government, i.e. AAA.

 

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

Consultation:

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

Related Policy, Precedents and / or Statutory Requirements:

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

Local Government Act 1993 – Section 625

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

Local Government General Regulation 2005

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

Implementation Date / Priority:

Nil.

Conclusion:

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

 

 

 


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BS20/68       Quarterly Operational Plan and Budget Review Statement for September 2020

Author:                        Senior Finance Business Partner

Authoriser:                  Director Business Services

MyCoffs:                      Choose an item.

Attachments:              ATT1  BS20/68   QBRS Budget Variations for the Quarter ended  Sept 2020

ATT2  BS20/68   QBRS Reports for the Quarter ended September 2020  

 

Executive Summary

Coffs Harbour City Council’s 2020/21 Operational Plan was adopted on 27 June 2020 for implementation from 1 July 2020.

 

Internal reporting for the September 2020 quarter has identified the need for a number of amendments to the 2020/21 Operational Plan.  The proposed changes relate to extensions in the forecast end dates of projects within the same financial year, adding projects that were not in the adopted 2020/21 Operational Plan and changes in the resulting measurement of metrics.

 

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

 

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

 

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

 

The recommendations contained within the report, if adopted, would result in a net budget deficit of $4.875M compared to the original position of $5.058M.

 


 

 

Recommendation:

That Council:

1.    Note the Quarterly Budget Review Statement and the following estimated budget position as at 30 September 2020:

2020/21 Original Budget

2020/21 Revised Budget

2020/21 Projected Budget

2020/21 Sep YTD Actuals

 

$‘000

$‘000

$‘000

$‘000

Recurrent Revenue

 

 

 

 

Rates & Annual Charges

100,348

100,348

100,648

102,451

User Charges & Fees

53,006

53,006

54,880

9,622

Interest & Investment Revenue

5,265

5,265

5,265

799

Other Revenues

9,451

9,451

9,595

1,736

Grants & Contributions provided for Operating Purposes

15,166

15,337

15,550

3,527

Total Recurrent Revenue

183,236

183,407

185,938

118,135

Recurrent Expenditure

 

Employee Benefits & Oncosts

59,886

60,045

59,905

15,546

Borrowing Costs

7,782

7,782

7,781

960

Materials & Contracts

177,324

199,366

201,844

22,412

Depreciation & Amortisation

47,335

47,335

47,335

11,423

Other Expenses

10,606

10,612

10,931

2,568

Less: Capitalised Expenses

(114,639)

(134,527)

(136,983)

(11,050)

Total Recurrent Expenditure

188,294

190,613

190,813

41,859

Net Operating (Deficit) / Surplus

(5,058)

(7,206)

(4,875)

76,276

Capital Revenue

 

Capital Grants, Subsidies, Contributions and Donations

53,669

55,951

57,148

6,118

Total Capital Revenue

53,669

55,951

57,148

6,118

Net Surplus

48,611

48,745

52,273

82,394

 

2.    Approve the following budget adjustments:

·   $2,330,204 decrease in the budgeted net operating deficit;

·   $1,196,461 increase in budgeted capital revenue to be received;

·   $2,455,967 increase in the budgeted level of capital expenditure;

·   $1,523,599 funding into cash reserves

 

3.    That Council endorse the proposed amendments to the 2020/21 Operational Plan as set out in the Issues section of this report.

 

Report

Description of Item:

Under the Integrated Planning and Reporting (IP&R) guidelines of the Local Government Act, Council is required to prepare a four-year Delivery Program outlining the activities it will pursue to help achieve the objectives of the MyCoffs Community Strategic Plan.  A subsidiary of the Delivery Program is the Operational Plan, which details the actions to be undertaken in a single financial year.  They are supported by financial estimates, annual budgets and a one-year schedule of Council Fees and Charges.  The IP&R documents are informed by Council’s long-term Resourcing Strategy.

 

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

 

To supplement the information contained within the monthly financial reports and the six monthly performance reports to Council, a dashboard which gives a snapshot of certain metrics has been developed. An initial draft version of the dashboard has been provided for Councillors’ information through the Resource Centre and will be refined on an ongoing basis to provide further and more relevant information.

 

The Responsible Accounting Officer advises that the QBRS indicates the financial position of the Council is satisfactory, having regard to the projected estimates of income and expenditure and the original budgeted income and expenditure.

 

Attachment 1 contains a list of recommended variations for the quarter ended 30 September 2020 for the consideration of the Council.  These variations are reflected in the projected budget as presented in the estimated budget position as at 30 September 2020 contained within the recommendation.

 

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

 

Attachment 1 summarises the recommended variations for the quarter ending 30 September 2020 for the consideration of the Council.  These variations are reflected in the projected budget.  Columns are included to make it clearer how variations impact the operating result, capital expenditure and the relevant funding sources.  The column definitions for the table are as follows:

 

-      Operating

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

-      Reserves – Operating

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

-      Capital Expenditure

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

-      Capital Grants and Contributions

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

-      Reserves – Capital

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

-      Cash at Bank

Funding required from cash at bank.

Issues:

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

 

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

 

At its meeting of 10 September 2020 Council resolved in part (Resolution No. 2020/203) as follows:

 

“Bring back a report outlining options to amend the 2020/21 Delivery Program to return to the original budget forecast of a $5.058 million budget deficit.”

 

Within Attachment 1 a number of budget variations have been recommended that have impacted upon achieving that outcome, primarily:

 

Description

$

Impact

Financial Assistance Grant shortfall to estimate

     (188,820)

Deficit

Annual lifeguard service at Jetty Beach and management of  Mobi-mat (per 10/9/20 Council meeting)

       (43,500)

Deficit

Establish a Positive Ageing Advisory Committee to support the implementation of the action plan (per 25/7/19 Council meeting)

       (40,000)

Deficit

Commence the Indoor Performing Arts Feasibility Study (Stage 2b) (per 10/9/20 Council meeting)

     (200,000)

Deficit

Revision of Flood Mitigation / Stormwater Program

         77,163

Surplus

CitySmart Solutions establishment changes

       174,442

Surplus

Revision of Financial Services and Plant Recovery operations

       146,000

Surplus

Deferral of Moonee Beach North new estate access funding

         75,000

Surplus

Revision of likely Development Application fee income

       152,000

Surplus

Revision of events and marketing budgets as COVID has impacted on their delivery, along with continued concession for seasonal council managed sports ground hire

         45,000

Surplus

Revision of Construction Certificates for Subdivisions fee income

         60,000

Surplus

Revision of Park Beach and Sawtell Caravan Parks cabin and site income in line with current trends

       400,000

Surplus

Revision of civic duties, official ceremonies, subscriptions and joint organisation expenses

       137,900

Surplus

Revision of Water Fund operations

    1,346,000

Surplus

Revision of Sewer Fund operations

       120,000

Surplus

Other minor variances

         69,019

Surplus

Total

    2,330,204

Surplus

 

The recommendations contained within the report, if adopted, would result in a net budget deficit of $4.875M compared to the original position of $5.058M.

 

Council has now completed the transition of three pools previously operated under contract back to Council control. A budget estimate for this service delivery model is being prepared and a budget adjustment will be reported in the December Quarterly Budget Review Statement.

 

The 2020/21 Operational Plan Overview

A number of projects currently included in the 2020/21 Operational Plan have revised their forecast end dates within the current financial year and five actions were not included in the plan.  In addition, the State Library of NSW has revised three metrics for Council’s library services.  The proposed changes are outlined in the table below and highlighted in the 2020/21 Revised Operational Plan.

To enable consistent and effective reporting on progress, it is recommended these action updates be formally included in the 2020/21 Operational Plan.

 


Code and Description

Progress Report

Original End Date

Revised End Date

Group

P1447: Sportz Central upgrade

Installation of a women’s change room and providing an additional basketball court at Sportz Central.

30/06/22

30/06/22

Financial Services and Logistics

P1269: Operational Depot Strategy

Operational needs for depot facilities are being analysed to meet future demands.

30/02/21

30/06/21

Infrastructure Construction and Maintenance

P0410: Tennis Facility Strategic and Business Plans

Engagement with stakeholders to begin in October 2020.

31/03/21

30/06/21

City Prosperity

P0982: Coffs Harbour Sport and Leisure Park Precinct Master Plan and Plan of Management

Consultant tenders evaluated, and appointment imminent.

31/03/21

01/06/21

City Prosperity

P1126: S94 sports infrastructure works – digital switching for Forsyth Park

Tenders closing. Work expected to be done by the end of the year.

31/12/20

 

City Prosperity

P1128: S7:11 Sport Infrastructure works – Polwarth Drive Oval lighting

This project was completed in June 2020 and can be removed from the 2020/21 Operational Plan.

31/07/20

30/06/20

City Prosperity

P0432: Develop a Community Facilities Plan (including cultural facilities)

The Community (including  Cultural) Facilities Plan will provide a strategic framework to guide decision-making about existing community and cultural assets, their use and future development needs in the Coffs Harbour LGA.

31/12/20

31/03/21

Community and Cultural Services


P1466: Implement the Positive Ageing Strategy

The Positive Ageing Strategy 2020-2024 was adopted by Council on 9 July 2020. $40,000 funding resolved by Council to fund project for a 12 month period.

31/12/24

 

Community and Cultural Services

M0103: Library visitation per capita

State Libraries of NSW amended the per capita benchmark from 4.4 to 4.03.

NA

NA

Community and Cultural Services

M0531: Library circulation per capita

State Libraries of NSW amended the per capita benchmark from 5.94 to 5.04.

NA

NA

Community and Cultural Services

M0539: Library collections per capita

State Libraries of NSW amended the per capita benchmark from 2.2 to 1.61.

NA

NA

Community and Cultural Services

P1159: Melaleuca Bridge Woolgoolga

Issues for construction drawings recently obtained from manufacturer. Tender is to be issued for demolition and installation of new structure. Works planned to commence early 2021.

30/09/20

01/03/21

Sustainable Asset Management

P1308: Implement the Woolgoolga WOW Masterplan

The Woolgoolga WOW Masterplan Works refers to any renewal or upgrade project that is funded for delivery within the footprint of the Woolgoolga Masterplan.  Currently, the upgrade of Beach Street between Carrington and Queen is currently being designed for a detailed concept by external consultancy to incorporate the masterplan concepts - initial draft expected November 2020.

31/03/21

30/06/21

Sustainable Asset Management

P1316: Woolgoolga Whale Trail

Design for the Whale Trail is in progress. In response to stakeholder concerns additional consultation has been undertaken and the design is being modified where possible in consideration of the stakeholder comments.  Stakeholder meetings with user group to be arranged.  Resulting budget variations to be addressed as part of March 2021 QBRS.

30/06/21

31/07/21

Sustainable Asset Management

P1343: Jetty Foreshore stage 5

Design in progress, preparations for community consultation underway.  Estimated delivery July 2021.  Resulting budget variations to be addressed as part of March 2021 QBRS.

31/03/21

31/07/21

Sustainable Asset Management

P1372: Woolgoolga Beach Reserve

New amenities and playground -  estimate complete December 2020. Demolish old amenities and playground - estimate March 2021.

18/12/20

31/03/21

Sustainable Asset Management

P1377: City Centre Masterplan works

City Centre Master Planning Committee conducted a reprioritisation of budgets in Q1 FY2021.  This reprioritisation has delayed implementation of the Park Avenue Shade Sails and Shade Sail Light projects, and has committed to delivering a concept design of Park Avenue, Moonee St and Gordon St.  It is anticipated that this concept design will be completed by April 2021.

30/04/21

NA - This is a new project. It was previously reported under a business as usual. activity (B0075)

Sustainable Asset Management

P1427: North Boambee Valley Detention Basin

The design process for the proposed North Boambee Valley Detention Basin is completed.  The progression of the project is dependent on funding.  Council has submitted an application for grant funding to fund the construction phase.  The outcome of the application yet to be announced.

30/06/21

30/06/22

Sustainable Asset Management

P1431: Nana Glen Equestrian Earthworks

Concept plans being prepared.  Environmental issues being addressed. Delivery estimate July 2021.

30/06/21

31/07/21

Sustainable Asset Management

P0915: Prepare an Aboriginal Cultural Heritage Management Plan

The preparation of the Aboriginal Cultural Heritage Management Document (ACHMD) is progressing well.

02/10/20

31/03/21

Sustainable Places

P1383: Animal Pound Facility

A range of specialist consultants were engaged to prepare documentation suitable to enable detailed costing and satisfy relevant conditions of the Development Consent.

The information is being assessed by a Quantity Surveyor to determine construction costs to enable the matter to be reported back to Council for funding endorsement prior to handover to Sustainable Assessment Management to progress to construction.

30/06/21

31/12/21

Sustainable Places

 

COVID-19 Impacts

The forecast completion dates in the adopted 2020/21 Operational Plan were derived from the March 2020 quarterly performance reporting.  At the time, Council was not fully aware of the impact COVID-19 would have on the delivery of many actions in the 2020/21 Operational Plan.

Options:

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

 

1.    Adopt the recommendation provided to Council.

2.    Amend the recommendation provided to Council and then adopt.  Depending on the nature of the amendment this may impact on the structure and content of the documents and the projected overall budget position.

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

Sustainability Assessment:

•     Environment

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

•     Social

There are no perceived short or long term social impacts.

•     Civic Leadership

The Operational Plan is one of the components of the Integrated Planning and Reporting Framework which enables Council to identify and respond to community aspirations and coordinates the provision of appropriate works and services to help achieve strategic objectives.  The document is informed by the MyCoffs Community Strategic Plan.

 

The COVID-19 crisis represents a time of uncertainty across the community and region.  Council continues to deliver its program of community-led priorities and support across the LGA.  Council strives to reach a balanced budget position by 30 June each year in conjunction with meeting its priorities.

•     Economic – Broader Economic Implications

The implementation of the Operational Plans is funded by the Coffs Harbour community.  As always, cost implications are balanced against the positive economic impact of maintain and enhancing Council programs and services across the LGA.

 

Council has undertaken a number of initiatives to assist the community through the COVID-19 pandemic and will continue to monitor the needs of the community and provide assistance where it is able to without a detrimental impact on essential service provision.

 

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

•     Economic - Delivery Program/Operational Plan Implications

The amendments relate to activities accommodated within Council’s budget structure.  This expenditure is monitored through Council’s monthly and quarterly budget reviews.

 

The original adopted budget for 2020/21 provided a net surplus of $48.6M and an operating deficit before capital revenue of $5.1M.  The budget adjustments recommended in this report, together with revotes previously approved by Council result in a projected budget net surplus of $52.3M and an operating deficit before capital revenue of $4.9M.  There has been an improvement in the operating result of $2.3M as a result of the recommendations contained within this report.

Risk Analysis:

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

 

The preparation of an Operational Plan is a legislative requirement.  Council endeavours to ensure its accuracy as a plan of action for the financial year and as a platform for the effective and consistent reporting of Council activities.  Without the proposed amendment, that accuracy would be compromised.

Consultation:

The amendments to the Operational Plan have been consolidated after consultation with staff during the Quarter one 2020/21 reporting cycle.

 

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

Related Policy, Precedents and / or Statutory Requirements:

Additional requirements for the Operational Plan are set out in Local Government (General) Regulation 2005 – Clause 201 (relating to the content of Council’s annual statement of revenue policy) and Clause 203 (relating to reporting requirements for budget review statements and estimates revisions).

 

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

 

Sections 404 and 405 of the Local Government Act 1993 detail requirements in relation to a Council’s Operational Plan.

Implementation Date / Priority:

If endorsed by Council, the Operational Plan (Attachment 1) will take effect immediately and reporting against the revised dates will be incorporated into Council’s Six-Monthly Report in February 2021.

 

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

Conclusion:

The amendment of the 2020/21 Operational Plan, as set out in the Issues section of this report and the Revised 2020/21 Operational Plan (Attachment 1), will help to ensure accuracy and consistency of Council’s performance reporting for this financial year.  It is recommended that the amendments be endorsed by Council.

 

This report also summarises the proposed budget adjustments for the quarter and the impact upon the projected budget position for the current financial year.  The Responsible Accounting Officer confirms the Quarterly Budget Review Statement indicates the financial position of the Council is satisfactory, having regard to the projected estimates of income and expenditure and the original budgeted income and expenditure.

 

 


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BS20/69       Contract No. RFT-1299-TO - Hire of Equipment (Plant and Trucks) 2020-2022

Author:                        Team Leader Contracts and Procurement

Authoriser:                  Director Business Services

MyCoffs:                      B.1 A thriving and sustainable local economy

Attachments:              ATT1  BS20/69   CONFIDENTIAL Contract RFT-1299-TO Tender Assessment

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

 

Executive Summary

In order for Council to undertake its maintenance and major capital works programs it is necessary to complement Council’s plant fleet with specific contract plant.  Tenderers were given two options, being to supply Council with plant including an operator or to supply plant only, excluding an operator.  Tenderers were required to submit tendered rates for items of plant and in addition any attachments that can be utilised with the specific plant item.  Sixty submissions were received with each tendering on various items of plant, trucks and equipment.

 

It is recommended that Council to accept tenders for the inclusion into a panel contract for the Hire of Equipment (Plant and Trucks) for the two year period from 1 December 2020 to 30 November 2022, with an option to extend for further 2 x 12 month periods, thereby extending the contract through to 30 November 2024.

 

Recommendation:

That Council considers the tenders received for Hire of Equipment (Plant and Trucks) 2020-2022 (Panel Contract), Contract No. RFT-1299-TO, and adopts the recommendation as detailed in the confidential attachment.

 

Report

Description of Item:

In order for Council to undertake its maintenance and major capital works programs it is necessary to complement Council’s plant fleet with specific contract plant.  The majority of the equipment that is hired, such as heavy earthmoving plant and trucks through the Hire of Equipment Tender is sourced within the Coffs Harbour Local Government Area (LGA).  Several major projects are scheduled for 2021-2022 which makes it necessary for Council operations to be able to hire contract plant at competitive market rates to ensure the economic delivery of the works.

 

Tenders were called and closed on 24 September 2020 to establish a panel of contractors for the Hire of Equipment (Plant and Trucks) for works undertaken by Coffs Harbour City Council during the two-year period 1 December 2020 to 30 November 2022.

 

In the previous two financial years, Council spent $3,031,937 in 2018/2019 and $3,779,772 in 2019/2020 on the hire of external plant and vehicles.  This expenditure was mainly with locally based plant hire contractors.

 

Tenderers were given two options, being to supply Council with plant including an operator or to supply plant only, excluding an operator.  Tenderers were required to submit tendered rates for items of plant and in addition any attachments that can be utilised with the specific plant item.  Contractors are also required to be registered and accredited with BNG Conserve Pty Ltd.  Registration with BNG is an online service, where accreditation is based on a set of validation criteria such as business licenses, registrations as well as employee qualifications, licenses, trade certificates, insurances and WHS documentation.

 

If accepted by Council, the tenderers may not vary the Contract Rates during the first 12 months of the contract.  At the end of the first 12 months, contractors on the panel of suppliers may review their hire rates and will be given the option to increase, decrease or maintain the same rates as the previous 12 months.

 

To achieve best value for Council all contract plant is assessed in accordance with Roads and Maritime Services (RMS) guidelines and rated in order that the most suitable and cost effective item of plant should be engaged.  This procedure provides transparency ensuring that any possible probity issues are addressed.

 

The criteria for ranking Council’s plant hire database are as follows:

 

Dry Hire (without an Operator):

Criteria for ranking

1.    Plant / Truck Classifications

2.    Contract Rate

3.    Compliance with the Equipment Requirements

4.    Contractors performance

·     Availability

·     Customer Service

·     Administration

 

Wet Hire (with an Operator):

Criteria for ranking

1.     Plant / Truck Classifications

2.     Contract Rate

3.     Compliance with the Equipment Requirements

4.     Contractors performance

·     Availability

·     Quality of work

·     Quantity of work

·     Customer service

·     Working to WH&S/ Work cover regulations

·     Administration

 

Sixty submissions were received as listed below, each tendering on various items of plant, trucks and equipment.

 

Organisation

A & K McIntyre Pty Ltd

All Kerb Pty Ltd (T/as Hudko Earthmoving)

Altro Holdings (T/as Orange Equipment Pty Ltd)

Arbpro Pty Ltd

Ausroad Plant Services Pty Ltd

Bayrange Logistics Pty Ltd (formerly TG Jung Quarries)

Blaizes Earthworx Pty Ltd

Burnett Civil Pty Ltd

Cable & Pipe Locations Pty Ltd

Civilnett  Pty Ltd

Coates Hire Operations  Pty Ltd

Conplant Pty Ltd

Crampo's Tippers Pty Ltd

CW & VJ Cooper Pty Ltd

Cyber Coach NSW Pty Ltd (T/as  Pades Excavations)

D Walker Plumbing (Aust.) Pty Ltd

Dashebs Pty Ltd (T/as North Coast Road Sweepers)

DJ & CA Atkinson Pty Ltd

Doyle Civil Pty Ltd

Eastern Dorrigo Slashing

EB & DE Bunt Pty Ltd

EJD Hammond Pty Ltd (T/as Hammond Earthmoving)

English Cranes Pty Ltd trading as North Coast Cranes

Flexihire Pty Ltd

Fortade Group Pty Ltd (T/as Fortade Earthmoving)

Hydro Digga Pty Ltd

J&P Cranes (NSW) Pty Ltd trading as Coffs City Cranes & Rigging

John Lacey Earthmoving Pty Ltd

JR & EG Richards(NSW) Pty Ltd (T/as JR Richards & Sons)

KBS Mackay Pty Ltd

Kennards Hire Pty Ltd

Kennys Earthmoving Pty Ltd

Mal Keough Earthmoving Pty Ltd

Master Hire Pty Ltd

McIntyre Services Pty Ltd (T/as McIntyre Property Maintenance)

McIntyre Tippers Pty Ltd

McLennan Earthmoving Pty Ltd

Mid North Coast Contractors Pty Ltd

Mifsud Excavations & Earthmoving Pty Ltd

Northpipe Constructions Pty Ltd

Peter Rowan Pty Ltd

Pilbara Truck Hire Pty Ltd

RJ & CM Tate Pty Ltd

R&M Earthmoving Pty Ltd

Ryan Earthmoving (The Trustee for the Ryan Family Trust)

S & K Grady Pty Ltd (T/as Coffs Coast Water Cartage)

Serendip Holdings (NSW) Pty Ltd (T/as Action Hire Vehicles

Sharpe Bros (Aust) Pty Ltd

Shore Hire Pty Ltd

Smith Plant Hire NSW Pty Ltd

Solo Resource Recovery (Rico Family Trust)

Specialised Pavement Services Pty Ltd

Stabilised Pavements of Australia Pty Ltd

The Mining Pty Ltd

Total Drain Cleaning Services Pty Ltd

Troy ODoherty Earthmoving Pty ltd

Tutt Bryant Hire Pty Ltd

Valley Earthworks Pty Ltd

Warren McCarthy

Wright Bros Civil Pty Ltd

Issues:

A number of contractors had not provided sufficient information to enable the assessment of their submission.  Council has since received the information and this has now been included in the panel contract.

 

Six tenders have been received that offer plant that was not requested in the tender documentation.  These were received from:

 

·     Flexihire Pty Ltd

·     Shore Hire Pty Ltd

·     Smith Plant Hire

·     Stabilised Pavements of Australia Pty Limited

·     The Mining Pty Ltd

·     Total Drain Cleaning Services

 

These offers will be noted and filed for possible future reference.

 

Three company’s tenders have been deemed non-conforming as follows:

 

·     Crampos Tippers Pty Ltd included an additional contract clause for minimum hire rates which does not comply to Council’s requirement.

·     Mifsud Excavations & Earthmoving Pty Ltd did not include a complete set of tender documents in their submission.

·     Sharpe Bros (Aust) Pty Ltd did not provide all required information in their submission. The company was given the opportunity to provide this information; however, to date this has not been provided.

Options:

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

 

1.    Adopt the recommendation to appoint the recommended contractors.

2.    Amend the recommendation by adding or deleting specific contractor plant items.

3.    Reject all tenders and source alternative means to supplement Council’s work program requirements for additional plant.

Sustainability Assessment:

•     Environment

Tendered plant items are assessed to ensure that they comply with RMS Specifications G21 and G22.  This compliance addresses adverse environmental issues with the plant such as oil leaks, excessive emissions and noise.  Once engaged all plant is required to operate under Coffs Harbour City Council’s site rules and in accordance with environmental assessments undertaken on specific projects.

•     Social

By Council undertaking capital and maintenance works, the community benefits from updated and well maintained assets that contribute to the overall amenity of the Coffs Harbour LGA.

•     Civic Leadership

Contract plant is employed to deliver many of Council’s objectives in the Delivery Program and Operational Plan, which is aligned with the MyCoffs Community Strategic Plan.  Council supports the delivery of high quality, sustainable outcomes for Coffs Harbour. Contract plant is an efficient mechanism to achieve the delivery of this objective.

•     Economic – Broader Economic Implications

The benefits of engaging contract plant flow on to the community and assists in supporting local businesses.

•     Economic - Delivery Program/Operational Plan Implications

All plant engagements are funded through capital and maintenance programs approved in the 2020/2021 Operational Plan.

Risk Analysis:

Financial:  In accordance with Council’s enterprise risk management framework the consequences of not having a contract arrangement when employing plant contractors is high.  A panel contract allows an open tendering and assessment process, which yields the most economic and low risk option for Council.

Reputational:  Analysis shows that during times of high demand for plant it is more cost effective to hire the various items of plant and equipment than to purchase additional plant.

Environmental:  The ability for Council to control the plant engaged on construction and maintenance activities of Council’s assets is an important part of Council’s environmental responsibility.

Consultation:

The tender evaluation has included consultation with Council’s financial and operational staff, including multiple sections from Infrastructure, Construction and Maintenance Group.

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, any tender which binds Council for a period exceeding the current elected term of the Council, and where the value of the tender exceeds $1.5 million is to be determined by Council.  As these criteria apply to this tender, this report is tabled for Council’s consideration and determination.

Implementation Date / Priority:

The Hire of Equipment (Plant and Trucks) panel contract will take effect from 1 December 2020 for 2 years with further 2 x 12 month options available to extend the term.

Conclusion:

Council should consider the recommendation as outlined in the Confidential Attachment to utilise approved external contractors as required for Council work programs.

 

 


BS20/70       Sale of Property at 169-171 Rose Avenue, Coffs Harbour

Author:                        Team Leader Property Development

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS20/70   Location Plan of Property at 169-171 Rose Avenue, Coffs Harbour

ATT2  BS20/70   CONFIDENTIAL Valuation Report Dated 9 June 2020

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.

ATT3  BS20/70   CONFIDENTIAL Proposed Purchaser

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, predudice the commercial position of the person who supplied it.

 

Executive Summary

Council resolved on 14 May 2020 and again on 13 August 2020 to sell the property located at 169-171 Rose Avenue, Coffs Harbour.  The sale has been included in the funding model of the Cultural and Civic Place Project in Gordon Street, Coffs Harbour and has been determined as surplus to Council’s needs.

 

The property has been held by Council since October 1992 when it was purchased and it has since been operated as commercial offices and storage both for various tenants and Council operations.  The property comprises a commercially zoned holding upon which is constructed various single level tenancies contained within 3 separate detached and semi-detached buildings.  Additionally, on the property there are storage and garage areas and a fenced yard area.  The property is known as Lot 100 DP 861850 and has a site area of some 4,040 square metres.  The total lettable area of the buildings on site is approximately 755 square metres.

 

Coffs Harbour Council as part of the sale will continue to occupy a small part of the property which is currently partly occupied by the Coffs Harbour Historical Society, being suite 4 and having an area of 124 square metres and an adjoining car port. Council will enter into a 3-year lease with 3 x 1 year options for continuing tenure initially at a rental of $21,300 per annum gross.

 

Council have received an offer of $2,100,000 excluding GST for the purchase of the property which is slightly above a recent independent valuation (Confidential Attachment 2) that was commissioned by Council.  The offered price is considered fair and reasonable and it is recommended that Council accept the offer.

 

Recommendation:

That Council:

1.    Approve the sale of 169-171 Rose Avenue, Coffs Harbour at the agreed price of $2,100,000 exclusive of GST to the party listed in confidential attachment 3 to this report.

2.    Note that each party will pay their own conveyancing costs in relation to the matter.

3.    Execute all documents necessary to facilitate the sale and under the common seal of Council if required.

 

Report

Description of Item:

Council resolved on 14 May 2020 to sell the property known as the 169-171 Rose Avenue, Coffs Harbour.  The resolution was as follows:

 

That Council:

 

1.       Decline to accept the amounts tendered via the expression of Interest process for the sale of Council properties that concluded on 9 April 2020, being a. Property (a) Administration Building, 2 Castle St, Coffs Harbour (Lot 2 DP 566885, Lot 1 DP 566855, Lot 8 Sec 6 DP 758258), b. Property (b) Rigby House, 27-29 Duke Street Coffs Harbour (Lot 110 Sec DP 777398), c. Property (c) Museum, 215A Harbour Drive, Coffs Harbour (Lot 101 Sec DP 1041655)

2.       Place a temporary pause on the inclusion of Property (a) Administration Building and Property (b) Rigby House from any Expression of Interest for sale process.

3.       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 Property (c) above (Museum Building) and Property (d) 169-171 Rose Ave, Coffs Harbour (Lot 100 Sec DP 861850).

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

5.       Request a report detailing alternative funding options for the Cultural and Civic Space Project for the funding component relating to property asset sales.

6.       Receive a report detailing the financial implications of the removal of the proposed functions of Council staff offices and associated working spaces within the Cultural and Civic Space, (other than Library, Gallery and Museum staff) and exploring opportunities for alternative uses for the space including community and/or commercial uses.

 

Council further resolved on 13 August 2020 as follows:

 

That Council:

 

1.       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 Property (c) above (Museum Building) and Property (d) 169-171 Rose Ave, Coffs Harbour (Lot 100 Sec DP 861850).

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

 

In line with point 3 of the Council resolution of 14 May 2020 and point 1 of the Council resolution of 13 August 2020, negotiations have continued via the commercial real estate agents engaged by Council.  These continuing negotiations have led to the current offer received that is the subject of this report for Council’s consideration.  This report is referred back to Council in line with dot point 4 of Council 14 May 2020 resolution and dot point 2 of Council’s resolution of 13 August 2020.

 

The property at 169-171 Rose Avenue has been held by Council since October 1992 when it was purchased and has since been operated as an office complex predominantly leased to tenants but also at times occupied in part by Council or its subsidiaries.  The property comprises a commercially zoned holding (B6 -  Enterprise Corridor zone) upon which is constructed a number of single level commercial detached office premises and ancillary storage areas.

 

The property is known as Lot 101 DP 1041655 and has a site area of some 4,040 square metres.  The total lettable area of the buildings is approximately 755 square metres and the property is located on the corner of Marcia Street and Rose Avenue approximately 800 metres to the north-east of the Coffs Harbour CBD.  The property also provides 39 on-site at grade marked car parking spaces. Attachment 1 to this report shows the location of the property.

 

Coffs Harbour City Council, as part of the sale, will continue to occupy a small part of the property which is currently partly occupied by the Coffs Harbour District Family History Society, being suite 4 and having an area of 124 square metres and an adjoining car port.  Council will enter into a 3-year lease with 3 x 1 year options for continuing tenure initially at a rental of $21,300 per annum gross.

 

Council have received an offer of $2,100,000 excluding GST for the purchase of the property which is slightly above a recent independent valuation (Confidential Attachment 2) that was commissioned by Council.  The offered price is considered fair and reasonable. It is recommended that Council accept the offer.  The proposed purchaser details are contained in Confidential Attachment 3.

Issues:

The offer made for the purchase of the property is considered fair and reasonable and in line with current market conditions and in line with the current independent valuation recently obtained by Council and dated 9 June 2020.

Options:

Council has the following options available to it:

 

1.    Accept the offer and proceed with the sale and disposal of the asset.

2.    Reject the offer and continue negotiations to try and seek a higher offer. Further negotiations are unlikely to yield a higher offer.

3.    Reject the sale of the property and maintain it as a Council asset and consider alternative funding options for the Civic and Cultural Space Project.

Sustainability Assessment:

•     Environment

The property comprises an existing building and associated facilities.  There is no further development proposed as a result of this report.  The transfer will have no environmental impacts as this is a change of ownership only.

•     Social

There are no major social consequences that result from the sale of the property.  Council will retain in the medium term occupancy of the areas it uses via the proposed lease.  The remainder of the property has commercial leases in place with the tenants continuing their occupancy subject to those tenures.

•     Civic Leadership

The sale of the property is proposed as part of the funding model for the Cultural and Civic Space building in Gordon Street, which will promote and extend Council’s facilities and related services to the community.

•     Economic – Broader Economic Implications

There will be minimal impact as a result of the transfer.

•     Economic - Delivery Program/Operational Plan Implications

There are no Delivery Program/Operational Plan implications from maintaining Council’s current position on the funding model for the sale of this property.  The sale of the property is already included in Council’s Long Term Financial Plan and funding model for the Cultural and Civic Space building.

Risk Analysis:

The risk in relation to this matter is considered low to medium.  The purchaser could change their mind at any point prior to exchange of contracts and if this occurred the sale would not proceed.

Consultation:

All internal stakeholders have been consulted and no issues have been raised that would suggest the sale could not proceed.

Related Policy, Precedents and / or Statutory Requirements:

Section 377(1) (H) of the Local Government Act 1993 requires the formal approval of Council in regard to the sale or exchange or surrender of land.

 

The land to be transferred is classified as Operational Land.  Operational Land can be disposed of by Council via sale or transfer and is not bound by the restrictions imposed by Section 45 of the Local Government Act, 1993.

Implementation Date / Priority:

This matter will be actioned immediately upon a resolution of Council.

Conclusion:

This report is brought back to Council as required by previous Council resolutions for further consideration of the highest offer that has been received.  The offer is a result of further negotiations conducted by Burgess Rawson who are a Commercial Property Real Estate agency who were engaged by Council to sell the property.  The price offered is considered fair and reasonable given current property market conditions.  The offer is also in line and slightly above the amount assessed by specialist real estate property group Savills Pty Ltd who provided a recent independent valuation of the property.

 

 


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BS20/71       Coffs Harbour Airport Long Term Lease - Stage 4 Preferred Tenderer Lease Negotiations and Execution

Author:                        Commercial and Compliance Manager

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS20/71   CONFIDENTIAL Lease Negotiations Report

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  BS20/71   CONFIDENTIAL Transaction Documents   

 

Executive Summary

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

 

In May 2019 Council resolved to appoint KPMG as independent expert advisors for the airport lease process.  Since their appointment KPMG has undertaken a significant review of all relevant information and reports to date, and provided a gap analysis to inform further due diligence work required to ensure a comprehensive Information Memorandum (IM) could be provided to potential bidders for the airport lease.  The IM was used to inform bidders during the Non-Binding Bids stage and in November 2019 Council considered the Non-Binding Bids received and resolved to progress the process to the Tender for Binding Bids stage.

 

The Tender for Binding Bids was released on 12 June 2020 and officially closed on 17 July 2020 at 3pm.  Significant analysis of the Binding Bids was undertaken by Council’s Evaluation Panel and Council’s Commercial Advisors, KPMG and Legal Advisors, Ashurst and a report on the outcome of the Tender for Binding Bids was provided to Council on 27 August 2020.

 

At the 27 August 2020 meeting, Council resolved to progress the airport lease through negotiation and to receive a further report on the outcome of the negotiations.  This report brings before Council the outcomes of the negotiations.

 

The lease process has been undertaken in line with the strict requirements of the Airport Lease Probity Plan which has been overseen by external probity advisors O’Connor Marsden (OCM).

 

Recommendation:

That Council:

1.    Note the outcome of the lease negotiations with the preferred tenderer (Confidential Attachment 1).

2.    Delegate the General Manager authority to execute on behalf of Council the Implementation Agreement, Equity Commitment Deed, Airport Lease, Airport Lease Supplemental Deed, Transitional Services Agreement, Development Agreement and Independent Certifier Deed (Confidential Attachment 2).

3.    Request a report on the holding structure and governance arrangements for funds received from the airport lease.

4.    Note the development of a joint communication plan with the preferred tenderer.

 

Report

Description of Item:

The Coffs Harbour Airport (CHA) is currently managed through a mixed model with Airport Management Services provided by a contractor and the operations undertaken through a Council commercial business unit.

 

Following an options study to inform consideration of future governance and management options for CHA, Council resolved in December 2018 to progress the Airport Lease Model to the next stages of due diligence and an expression of interest for non-binding bids.

 

In May 2019 Council resolved to appoint KPMG as independent expert advisors for the airport lease process and in November 2019 Council considered the Non-Binding Bids received and resolved to progress the process to the Tender for Binding Bids stage.

 

The following diagram was developed by KPMG and provides a high level overview of the lease process and indicative timing for the stages of the process.

 

Stage 1. Review

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

Stage 2. Expressions of Interest and Non-Binding Bids

-  Marketing Sounding to gauge appetite and process / information expectations

-  Registration of Interest / Advertising Campaign

-  Receipt of Confidentiality Deed Polls

-  Issuance of Information Memorandum (IM) and Process Letter

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

-  Bid receipt and evaluation

Stage 3. Tender for Binding Bids

Stage 4. Preferred Tenderer Lease Negotiations and Execution

Stage 5. Lease Monitoring

Jun - Aug 19                     Aug - Oct 19                                   Nov 19 - Aug 20*            Sep - Oct 20*               

* Indicative timing

 

Stage 1:  Review

 

Since their appointment KPMG undertook a significant review of all relevant information and reports to date, provided a gap analysis to inform further due diligence work required to ensure a comprehensive Information Memorandum (IM) could be provided to potential bidders for the airport lease.

 


 

 

Stage 2:  EOI and Non-Binding Bids

 

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

 

a)    Market Sounding

 

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

 

b)    Registration of Interest (ROI)

 

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

 

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

 

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

 

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

 

KPMG and associates, Ashurst lawyers and probity advisors, OCM worked with the Council project team to advance the lease process through to the conclusion of the Stage 2 Non-Binding Bids.  An evaluation report was provided to Council on 28 November 2019 and Council resolved:

 

That Council:

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

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

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

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

 

Stage 3:  Tender for Binding Bids

 

Subsequent to the resolution to progress to the Tender for Binding Bids, KPMG and associates, Ashurst lawyers and probity advisors, OCM continued to work with the Council project team to advance the lease process through to the conclusion of the Stage 3 Tender for Binding Bids.

 

Prior to going to Tender, considerable additional Due Diligence was undertaken by Council including the development of a Baseline Environmental Report and the further development of key transaction documentation on which the Binding Bids would be based.  These documents included the Lease, the Implementation Agreement, a Development Agreement (linked to the Airport Enterprise Park), a Transitional Services Agreement and several supporting documents.

 

As previously reported, COVID-19 impacted upon the indicative timeframe for this stage and Tenders for Binding Bids were not released until 12 June 2020.  The tender period officially closed on 17 July 2020.  Significant analysis of the Binding Bids was undertaken by Council’s Assessment Panel and Council’s Commercial Advisors KPMG and Legal Advisors Ashurst with oversight being provided by external probity advisors O’Connor Marsden (OCM).

 

An evaluation report was provided to Council on 27 August 2020 and Council resolved:

 

That Council:

1.    Progress the airport lease through negotiation in line with the recommendation contained within the Binding Bids Evaluation Report (Confidential Attachment 2).

2.    Receive a further report on the outcome of the negotiations.

3.    Resolve that any proceeds received from the long term lease of the airport will not be used to fund the Cultural and Civic Space Project.

 

The Binding Bid advanced to the negotiation stage provided a better commercial offer than the comparative bid received pre-COVID-19.

 

Stage 4. Preferred Tenderer Lease Negotiations and Execution

 

Negotiations with the preferred tenderer commenced on 15 October 2020 and continued through until 30 October 2020, and the outcomes of the negotiations are summarised in Confidential Attachment 1.

 

The transaction documents (Confidential Attachment 2) have been updated in line with the outcomes of the negotiations and are now in a form ready for approval for execution.

Issues:

Issues in relation to negotiations with the preferred tenderer are detailed in Confidential Attachment 1.

Options:

In relation to this report Council has the following options.

 

1.    Adopt the recommendation provided to Council and enter into the agreements listed in the recommendation

2.    Reject the recommendation noting the risks and seek a report on alternate management arrangements.

Sustainability Assessment:

•     Environment

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

•     Social

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

•     Civic Leadership

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

 

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

•     Economic – Broader Economic Implications

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

 

-      Business development;

-      Enterprise Park; and

-      International operations.

•     Economic - Delivery Program/Operational Plan Implications

Costs associated with the Airport Lease Process are being funded through reserves.  Costs to date total $1.9m including Commercial/Financial Advisory services, Tax Advisory services, Legal services, Technical Advisory services and assessments, Market and Traffic Forecasts, Environmental investigations and Probity Advisors.  Further costs associated with the lease negotiations and financial close will see total costs increase to approximately $2m.

 

Importantly, the investment in the Non-Binding Bids, Binding Bids and Tender processes need to be considered in the context of the likely returns to Council and the community from a successful lease transaction.  The recommendation states that Council “Request a report on the holding structure and governance arrangements for funds received from the airport lease”, which will provide defined parameters for the future use of the Airport Lease funds and ensure compliance with the previous resolutions. The holding structure may be in the form of a separate Fund in Council, like the Water and Sewer Funds, or a more separated and regulated structure to ensure that the funds received are protected for future strategic uses.

 

It should also be noted that the negotiation with the preferred tenderer yielded an incremental improvement in the net present value to Council on top of the positive outcomes in relation to the transaction document terms.

Risk Analysis:

The airport lease model minimises Council’s risk exposure and also provides a mechanism to advance important investment and growth opportunities without reliance on ratepayer and other public funds.  The advent of COVID-19, the demise of Tiger Air and the Virgin Australia administration have highlighted the risks that can have significant impacts upon the airport business and a lease provides Council with a valid mitigation strategy for these risks.

 

Council has been previously advised that if a lease is negotiated broadly in line with Binding Bids it would be unreasonable for Council to not finalise a lease agreement.  The negotiations have been assessed by our advisors as being a positive outcome for Council and an improvement on the tender received and withdrawing after a successful negotiation with the preferred tenderer may present reputational and financial risks.

Consultation:

Ongoing briefings and communications have been provided to Councillors throughout the process.  Briefings from staff and advisors have covered all aspects of the transaction including commercial terms, financial analysis, transaction documents and key terms, and lease structure.

 

As the airport lease process moves 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.

Related Policy, Precedents and / or Statutory Requirements:

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

Implementation Date / Priority:

Once Council adopts the recommendation, execution of the Implementation Agreement, Equity Commitment Deed and Independent Certifier Deed will take place within 2-3 weeks.  The Airport Lease, Airport Lease Supplemental Deed, Transitional Services Agreement and Development Agreement are executed at a later date (estimated to be 3-4 months from execution of the Implementation Agreement) and are subject to the Airport Lessee securing the necessary approvals to operate the Airport.

Conclusion:

The airport lease process has now been progressed through the Preferred Tenderer Lease Negotiations stage.  The negotiations have been completed and advice from Councils advisors and Council officers is that the transaction documents and commercial terms are beneficial to Council and are recommended for execution.

 

 

  


SC20/66       Coffs Harbour City Council 2019/20 Annual Report

Author:                        Senior Corporate Planner

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC20/66   2019/20 Annual Report - SECTION 1 - Significant Achievements

ATT2  SC20/66   2019/20 Annual Report - SECTION 2 - Regulatory Information

ATT3  SC20/66   Coffs Harbour City Council - Financial Statements - 2019/20  

 

Executive Summary

Under the Local Government Act, Council is required to complete an Annual Report within five months of the end of the financial year. The legislation requires that the 2019/20 Annual Report be posted on Council’s website by 30 November 2020.

The Annual Report is tabled in three sections:

-    Section 1 provides an overview of Council’s significant achievements during 2019/20.

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

-    Section 3 contains Council’s audited Annual Financial Statements for 2019/20.

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

 

Recommendation:

That Council adopts the Coffs Harbour City Council 2019/20 Annual Report.

 

Report

Description of Item:

The Annual Report addresses the period 1 July 2019 to 30 June 2020.

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

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

Section 3 of the Annual Report contains Council’s audited Annual Financial Statements (tabled with Council on 22 October 2020 – refer to BS 20/58).

Once adopted, it is proposed that the documents will be principally accessed via Council’s website, with printed copies available at Council’s main administration building and the three library locations.

Issues:

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

-    The official opening of the $18m redevelopment of the C.ex Coffs International Stadium;

-    The completion of works and reopening of the $1.2 million West Coffs Reserve District Park and the $2-million City Square revitalisation

-    Council progressing the planning and design of the new Cultural and Civic Space, including approval for the demolition of existing site buildings;

-    Two very successful Elton John concerts in February;

-    The West Woolgoolga Sports Complex moving closer to reality with the announcement in June of a $10m Federal Government grant towards the project;

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

-    Council being named Local Council of the Year at the NSW Champion of Sports Awards run by Sport NSW;

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

-    The commencement of construction of the Coffs Harbour Airport Enterprise Park

-    The Build the Best Bypass Campaign which assisted in facilitating the State Government’s commitment to constructing tunnels for the Coffs Harbour Bypass;

-    The adoption by Council of the Positive Ageing Strategy 2020-2024, the Library Museum Gallery Strategy 2020-2023 and the Lifeguard Services Strategic Plan 2019-2024;

-    The adoption by Council and NSW Government endorsement of Chapters 1-4 (Strategic Approach) and Chapter 6 (Large Lot Residential Lands) of the Coffs Harbour Local Growth Management Strategy;

-    The adoption by Council of “Yandaarra – Shifting Camp Together” – an Aboriginal Cultural Awareness and Engagement Guide, developed to assist Councillors, staff and volunteers to provide a consistent and respectful approach to engaging with the Aboriginal community;

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

-    Extensive water, sewer and transport asset works including water main extensions at Moonee Beach, Sandy Beach, and Woolgoolga.

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

These include:

-    Overseas visits by councillors and council staff

-    Mayoral and councillor fees and expenses

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

-    Amounts incurred in relation to legal proceedings

-    Private works and financial assistance

-    Rates and Charges written off

-    External bodies, companies and partnerships

-    Planning Agreements

-    Environmental Upgrade Agreements

-    Equal employment opportunity activities

-    Total expenditure on General Manager and Senior Staff remuneration

-    Information on stormwater levies and charges

-    Information on companion animals’ management

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

-    The outcomes of programs funded through Special Rate Variations

-    Capital Works Projects

-    Details of inspections of private swimming pools

-    Public Interest Disclosures Annual report

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

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

Council’s audited Annual Financial Statements for 2019/20 were tabled with Council on 22 October 2020 (refer to BS20/58).

The financial statements consist of three distinct sections:

1.   The General Purpose Financial Statements

2.   The Special Purpose Financial Statements

3.   The Special Schedules

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

Options:

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

Sustainability Assessment:

•     Environment

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

•     Social

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

•     Civic Leadership

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

•     Economic – Broader Economic Implications

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

•     Economic - Delivery Program/Operational Plan Implications

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

Risk Analysis:

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

Consultation:

Appropriate input from all Council directorates has been sought and included in the 2019/20 Annual Report. Much of the information in Section 1 of the Annual Report has been edited from the comprehensive Six-Monthly Progress Reports on the Coffs Harbour City Council 2017-2022 Delivery Program, tabled with Council for the periods July to December 2019 and January to June 2020.

Related Policy, Precedents and / or Statutory Requirements:

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

Implementation Date / Priority:

Subject to Council approval, the 2019/20 Annual Report will be posted on Council’s website and the Office of Local Government will be advised by 30 November 2020, in line with statutory requirements. Printed copies will be made available at Council’s main administration building and the three library locations.

Conclusion:

The 2019/20 Coffs Harbour City Council Annual Report identifies significant achievements and challenges recorded during the financial year.

While it satisfies a legislative requirement, the report is a valuable resource to assist the community to understand the services and facilities that Council provides. It is recommended that Council adopt the 2019/20 Annual Report for public release.

 


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SC20/67       City Hill Scoping Project Revised Site Analysis - Post Exhibition

Author:                        Community and Cultural Services Project Officer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      B.2 A community achieving its potential

Attachments:              ATT1  SC20/67   City Hill Scoping Project Revised Site Analysis

ATT2  SC20/67   City Hill Site Analysis Consultation Report 2020

ATT3  SC20/67   CONFIDENTIAL Submissions City Hill Scoping Project Site Analysis Consultation

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

 

Executive Summary

The City Hill Scoping Project Revised Site Analysis provides an overview of the site development history, consideration of land uses, and future development options for both the northern and southern portions of the City Hill site. 

Council at its Ordinary Meeting of 12 December 2019 resolved to note the final City Hill Scoping Project Site Analysis and place the Site Analysis on public exhibition, with a further report presented to Council in relation to the preferred use options once the broader Community and Cultural Facility planning process and Issues and Options Discussion Paper for Performing Arts Space (Indoor and Outdoor) had been finalised.

The City Hill Scoping Project Site Analysis was placed on public exhibition between 18 December 2019 and 3 March 2020 and four information and consultation sessions were held.  Forty written submissions were received within the timeframe. The submissions have been reviewed and considered in the City Hill Scoping Project Revised Site Analysis.  

The purpose of this report is to seek Council’s adoption of the City Hill Scoping Project Revised Site Analysis (Attachment 1) and present cultural facility development opportunities for the site that can be incorporated into focussed planning for City Hill.

 

Recommendation:

That Council:

1.       Adopt the City Hill Scoping Project Revised Site Analysis (Attachment 1).

2.       Consider during the preparation of the Operational Plan 2021/22, focussed planning for City Hill which incorporates the findings of the City Hill Scoping Project Revised Site Analysis.

3.       Inform submitters on the City Hill Scoping Project Site Analysis of Council’s decision.

 

Report

Description of Item:

At Council’s 12 December 2019 Ordinary Meeting, it was resolved that Council:

1.       Note the City Hill Scoping Project Site Analysis.

2.       In regard to the southern area of City Hill, consider a further report in relation to the preferred use options once the broader Community & Cultural Facility planning process and Issues & Options Discussion Paper for Performing Arts Space (Indoor and Outdoor) has been finalised.

3.       Put the City Hill Scoping Project Site Analysis on public exhibition for a period of 75 days.

Accordingly, the City Hill Project Scoping Site Analysis report was placed on public exhibition between 18 December 2019 and 3 March 2020.  During this exhibition process, four information and consultation workshops were also facilitated by Locale Consulting. 

Background

At Council’s 11 May 2017 meeting, it was resolved to allocate $75,000 to undertake studies, concept designs and preliminary budgets associated with the cultural development at City Hill.  Accordingly, Max Hardy Consulting was engaged to undertake stakeholder consultation in 2017 to determine stakeholder plans and aspirations that would inform and guide a further scope for cultural development at City Hill.  Consultation outcomes progressed the following projects:

-     National Cartoon Gallery - Council’s assistance with resourcing planning and infrastructure development costs to add another level to the Bunker Gallery on City Hill.  In August 2018, Council resolved to commit $155,000 and support the National Cartoon Gallery secure $2.6M State Government funding in March 2019. In February 2020, Council agreed to provide further assistance of $189,700.  Construction has commenced and is due to complete in 2020/21.

-     Outdoor Performance Space - Exploration of the City Hill site for an outdoor performance area. This element was expanded in the brief for the Stage 2A Issues and Options Paper for Performing Arts Space (Indoor and Outdoor) project in 2019.

In 2019, Locale Consulting were engaged to complete a site analysis for the City Hill site to assist Council and the community in better understanding the land use planning, land titles and urban design context across the northern and southern portions of the site. This process aimed to assist realistic land use options for the site, in particular for cultural facility development, once the site potential was more readily understood.

The public exhibition process ran simultaneously with consultation to inform the broader community and cultural facility planning process for the associated Draft Community and Cultural Facility Plan 2021-2031 and Issues and Options for Performing Arts Spaces (Indoor and Outdoor) Final Report projects. Feedback from these simultaneously run consultation processes has considered the current provision of facilities and service needs across the region into these projects.

The purpose of this report is to seek Council’s adoption of the City Hill Scoping Project Revised Site Analysis Report prepared by Locale Consulting and present land use options for the northern and southern site portions within the context of the broader Community and Cultural Facility planning process and finalisation of the Issues and Options Paper for Performing Arts Spaces (Indoor and Outdoor).

Issues:

At the conclusion of the public exhibition process, 40 written submissions were received during the exhibition period (Confidential Submissions Attachment 3).  Four information and consultation sessions were also undertaken during the exhibition period. The City Hill Scoping Project Revised Site Analysis document has been updated to reflect and respond to the outcomes of the exhibition and community and cultural planning processes.

·    City Hill Site Analysis Consultation Outcomes

The Consultation Report City Hill Scoping Project - Site Analysis August 2020 (Attachment 2) summarises submissions received and undertaking of the workshop sessions, feedback themes and participant views in more detail.  There are a number of key themes regarding the submission views of the consultation process participants. These include:

-     Recognition of the importance of the existing native vegetation and that future development should be designed to integrate this feature of the site.  This could be achieved by major development being orientated towards, or entirely on, the southern portion of the site which is already primarily cleared;

-     Opportunities to embrace the natural environment into future use of the site, whether through active promotion of the area as koala habitat, walking trails and viewing opportunities, or as a backdrop to other development;

-     Development of the site be orientated to cultural, arts and community activities, rather than being used for residential development;

-     The site is considered important as a gateway to Coffs Harbour, particularly from the airport, and as such it needs to be sensitively developed to be an attractive space.

·    Community and Cultural Facility Planning Process Outcomes

The broader community and cultural facility planning process for associated projects during 2019-20 has resulted in the following:

-     The Issues and Options Final Paper for Performing Arts Spaces (Indoor and Outdoor) August 2020 (adopted 10 September 2020) recommends that Council plans for a regional performing arts centre and commences to a Feasibility Study to identify an appropriate site within the City Centre masterplan area. City Hill is not identified as a location for Council to consider indoor or outdoor performing arts spaces.

-     The Draft Community and Cultural Facilities Plan 2021-2031 (adopted 12 November 2020), which identifies:

§ A range of community and cultural facility needs and provision gaps generally required in specific locations around the Coffs Harbour LGA to best service the community.

§ A need for a ‘Cultural Collection Facility’ that would complement front-line delivery of Council’s gallery, library and museum services.

§ Opportunities for Council to facilitate or broker creative spaces and cultural enterprises, which have potential as a catalyst for a range of urban renewal and economic development outcomes. Examples include workshop spaces, Artist-in-residence programs, dance studios, creative or cultural business start-ups.

·    Options for City Hill Northern and Southern Site Portion

The City Hill Scoping Project Revised Site Analysis identifies a number of options available to Council as the land owner, depending on the extent and type of development that may be envisaged at the site.

The northern portion is zoned special purpose which generally restricts possible land uses to those within the “community facilities” definition.  This area is further restricted by the Commonwealth covenant, all of which will need to be considered within the context of the native vegetation that is present, and the implications of developing on bushfire prone land.

As a consequence, suggested options for this area include site sensitive or lower scale ancillary or complementary community, cultural, environmental and open space-related uses that generally retain and enhance the existing environmental attributes, whilst supporting the existing use activities on the site. 

The southern portion of the City Hill site has a comparatively smaller number of development restrictions, albeit parts of this portion remain heavily constrained.  The medium density residential zoning allows for a range of possible uses including residential, community, cultural, education and recreation facilities. This zone does not allow “entertainment facilities”.

As a consequence, there are a limited number of options that may be pursued for the southern portion of the site, given the extent of the current site constraints and consultation feedback that the Commonwealth covenant should be honoured.

The remainder of the site could be reserved for future uses that are consistent with the covenant that may be identified over time.  In this regard, the outcomes of the Draft Community and Cultural Facilities Plan 2021-2031 are noted in recognising a variety of ways in which Council and community play a role in the delivery of community and cultural infrastructure.  The southern site portion has the potential to provide an important future role for initiatives that may be identified by Council, the community or others in which Council can play a role as a partner.  

·    Scope of future planning for City Hill

In considering the scope of future planning for City Hill the following steps were recommended in the City Hill Scoping Project Revised Site Analysis:

-     Continue to review the available information relating to the site with respect to current planning practice, rectifying inaccuracies in applicable mapping wherever possible.

-     In the context of broader community and cultural facility planning processes, consider the potential for the role of the City Hill site in the delivery of a Cultural Collections Facility

-     Undertake more detailed concept or master planning of the site based on the outcomes of the above, with a view to retaining the site for future community and cultural needs, including necessary environmental studies to understand the extent and significance of constraints based on preferred land use scenarios.

In regard to the delivery of a Cultural Collections Facility, it should be noted that this is currently being advanced as part of an integrated corporate storage facility.

Options:

1.       Accept the recommendations of this report.

2.       In recognition that the key scope for this investigation was related to “cultural development at City Hill”, investigate selling the southern portion of the site.  Accordingly, proceeds from any sale thereby be restricted for investment in cultural facilities only.

3.       Reject the recommendations provided in this report.

This report recommends that Council undertake Option 1 as outlined.

Sustainability Assessment:

•     Environment

There are significant environmental implications for future development of the site as outlined in the City Hill Scoping Project Revised Site Analysis (Attachment 1) with respect to environmental, ecological, hazards, cultural heritage significance and accessibility. These will need to be considered and addressed by Council in any future planning for the site.

•     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 or recreational needs. The recommendations contained within the City Hill Scoping Project Revised Site Analysis reflect Council’s long term strategic vision for the Coffs Harbour LGA in the MyCoffs Community Strategic Plan.

•     Civic Leadership

The City Hill Scoping Project Revised Site Analysis 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 City Hill Scoping Project Revised Site Analysis includes a number of recommendations that will provide direct and indirect economic benefits to the region with the provision of environmental, community and cultural uses across the City Hill site.

•     Economic - Delivery Program/Operational Plan Implications

In terms of the next steps for focussed planning for City Hill, an amount of $50,484 is remaining from the original $75,000 project allocation.

There is $2.6mn of proposed loan funds available (as outlined in the 2020/21 budgets) for the design and construction of a Cultural Collections Facility as part of an integrated corporate storage facility.

Risk Analysis:

Risks associated with this City Hill Scoping Project Revised Site Analysis relate to the risk of not actioning identified recommendations which contribute to the broader network of community and cultural facility provision and not meeting community expectations for the City Hill Site.

There is a risk that future focussed planning for City Hill (when developed) does not meet community expectations and is also not able to be funded for implementation.  There are many and varied stakeholder and community views regarding the City Hill site.

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. 

Between 18 December 2019 and 3 March 2020, consultation specific to the City Hill Scoping Project Site Analysis included the following:

-     Four information workshops held on 19 February 2020 with Locale Consulting staff;

-     Invitation to comment via Council’s Have Your Say project page;

-     Internal staff engagement.

Related Policy, Precedents and / or Statutory Requirements:

-     MyCoffs - Community Strategic Plan

-     Coffs Coast Tourism Strategic Plan 2020

-     Local Growth Management Strategy

-     Creative Coffs - Cultural Strategic Plan 2017–2022

-     Coffs Harbour City Centre Masterplan 2031

-     Open Spaces Strategy 2010

-     Draft Coffs Harbour Regional City Action Plan 2020

-     Library Museum Gallery Strategy 2020-2023

-     Issues and Options Final Paper Performing Arts Spaces (Indoor and Outdoor) 2020

-     Draft Coffs Harbour and Community and Cultural Facilities Plan 2021-2031

Implementation Date / Priority:

Should the recommendations outlined in this Council report be endorsed, then future focussed planning for City Hill will be considered as part of next year’s Operational Plan preparation. 

Conclusion:

The City Hill Scoping Project Site Analysis was placed on public exhibition between 18 December 2019 and 3 March 2020 and submissions have been reviewed and considered in the City Hill Scoping Project Revised Site Analysis.  

This report presents preferred land use options and recommended next steps to facilitate cultural development outcomes as part of the future planning of the City Hill site, and within the context of the broader Community and Cultural Facility planning process and the Issues and Options Final Paper for Performing Arts Spaces (Indoor and Outdoor) August 2020.

 


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SC20/68       Woolgoolga and Northern Beaches Youth Educational & Events Centre and Upcycled Training Facility

Author:                        Community and Cultural Services Project Officer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      B.2 A community achieving its potential

Attachments:              Nil

 

At Council’s 26 July 2018 Ordinary Meeting, it was resolved to investigate the feasibility of the Woolgoolga and Northern Beaches Youth Educational and Events Centre and Upcycled Training Facility proposal.

This report details the actions and initiatives that have subsequently been undertaken and occurred. Council staff have been unable to secure a detailed project proposal and accordingly, have been unable to fully investigate the feasibility.

 

Recommendation:

That Council:

1.       Note that a detailed project proposal has not been able to be secured and therefore is unable to investigate the feasibility of the Woolgoolga and Northern Beaches Youth Educational and Events Centre and Upcycled Training Facility.

2.       Note that Woolgoolga has an adequate provision of facilities that have capacity as bookable spaces for youth-focussed programs at certain times and that in coming years, the completion of the West Woolgoolga Sports Complex will provide further multi-purpose indoor and outdoor spaces that may be utilised for a range of activities for young people.

 

Report

Description of Item:

At its Ordinary Meeting of 26 July 2018, Council considered a Notice of Motion on a youth facility for Woolgoolga and resolved:

That Council investigate and report back on the feasibility of this group’s idea and their capacity to execute the concept (Woolgoolga and Northern Beaches Youth Educational and Events Centre and Upcycled Training Facility). And if answered the positive, that we:

Expedite the identification of an appropriate site of the project.

Council staff have met with the group to discuss the concept. Further, since 2018, a number of significant community infrastructure and planning projects have commenced in the Woolgoolga area.

Issues:

·    Assessment of Group’s concept

Council staff have met and consulted with members of the Woolgoolga and Northern Beaches Youth Educational and Events Centre and Upcycled Training Facility group to discuss and seek a formal, comprehensive project proposal. To date, no formal project proposal has been received by Council staff and therefore, no assessment of this group’s capacity to execute this concept can be made at this time.

·    Site suggested for proposed facility and status of former Woolgoolga youth club

The facility location originally suggested by the group to use for the concept is located within the Woolgoolga Pool Reserve site boundary.  The concept is to use the site and/or building formerly used as a youth clubhouse space with programs run by an external community organisation. The existing building does not currently meet safe building standards due to major structural damage and is unavailable for use. There is currently no funding or plans to demolish or redevelop this facility.

·    Current provision of spaces for young people in Woolgoolga

A review of community facilities and assets was undertaken as part of the development of the Draft Community and Cultural Facilities Plan 2021-31.  This review determined that there is a gap in the provision of dedicated facilities for young people across the LGA.  The Draft Plan recommends that a fit-for purpose youth space should be explored and located within the City Centre to serve a regional catchment need. However, the Draft Plan does also identify a gap around other types of dedicated youth spaces for programs run by external providers, in areas such as Woolgoolga and Toormina.

The review also determined that the Woolgoolga area has an appropriate number of well-located community or cultural venues with bookable spaces available, in suitable condition. These facilities include Council owned or managed venues such as the Woolgoolga Library and Woolgoolga Community Village venues; and community managed venues such as the Woolgoolga Neighbourhood Centre and Community Gardens.  These venues have capacity for groups to book spaces for a range of community learning or participation activities.  It is acknowledged that these are not dedicated youth spaces.

In summary, an assessment of Woolgoolga community facility provision and site opportunities has determined the following:

-     Currently Woolgoolga has an adequate provision of facilities that have capacity as bookable spaces for youth-focussed programs at certain times.

-     In the short term, the completion of the West Woolgoolga Sports Complex by late 2022 will provide multi-purpose indoor and outdoor spaces that may be utilised for a range of activities for young people.

-     In the longer term, the Woolgoolga Pool Reserve Site pool redevelopment will allow space on the broader pool reserve site for potential uses. It is recommended within the Draft Community and Cultural Facilities Plan 2021-31 that a site concept plan be prepared to identify future uses on specific portions of the pool reserve site.

Options:

There are two options that may be considered by Council:

1.    Accept the recommendations of this report.

2.    Reject the recommendation 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 Council community facilities planning forms part of Council’s decision-making process in relation to facility planning, programming, renewal and investment.

•     Social

Community 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 options contained within this report recognise opportunities to provide facilities to meet the needs of young people.

•     Civic Leadership

The options in this report demonstrate 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.

•     Economic – Broader Economic Implications

This report identifies options to various stakeholders that will provide broader economic benefits to the region by planning local level community and cultural facilities.

•     Economic - Delivery Program/Operational Plan Implications

Council staff have met and consulted with members of the Woolgoolga and Northern Beaches Youth Educational and Events Centre and Upcycled Training Facility group to discuss and seek a formal, comprehensive project proposal. To date, no formal project proposal has been received by Council staff and therefore there are no resourcing implications going forward.

Risk Analysis:

There are no specific risks identified in the preparation and assessment of options provided for the Woolgoolga and Northern Beaches Youth Educational & Events Centre and Upcycled Training Facility group.

Consultation:

External consultation has occurred by way of meetings and email exchanges between Council staff and the Woolgoolga and Northern Beaches Youth Educational and Events Centre and Upcycled Training Facility group.  Council staff have requested from the group a formal, comprehensive project proposal to review. Broad community consultation has occurred during 2019 and 2020 as part of the planning processes associated with the West Woolgoolga Sports Complex, the Youth Issues and Options Paper and the Draft Community and Cultural Facilities Plan 2021-31. Internal consultation has occurred with relevant Council sections.

Related Policy, Precedents and / or Statutory Requirements:

-     Coffs Harbour Sports Facility Plan 2016

-     Woolgoolga Town Centre Masterplan 2018

-     Youth Issues and Options Paper 2020

-     Draft Community and Cultural Facilities Plan 2021-31

Implementation Date / Priority:

Recommendations that relate to community facility provision, site opportunities and strategic projects will be updated in Council’s final Community and Cultural Facilities Plan for Council’s consideration in the first half of 2021.

Conclusion:

Assessment of Woolgoolga facility provision and site opportunities has determined that there are a number of current, short and long term site opportunities within Woolgoolga for the Woolgoolga and Northern Beaches Youth Educational & Events Centre and Upcycled Training Facility group to execute their 2018 concept should they wish to progress the proposal. Council staff have been unable to secure a detailed project proposal and has been unable to fully investigate the feasibility. 

 


SC20/69       Coffs Harbour Local Growth Management Strategy - Chapter 8 Employment Lands - Conditional Approval by NSW Government

Author:                        Section Leader Local Planning

Authoriser:                  Director Sustainable Communities

MyCoffs:                      B.1 A thriving and sustainable local economy

Attachments:              ATT1  SC20/69   Conditional Approval Letter from NSW Department of Planning, Industry and Environment

ATT2  SC20/69   Coffs Harbour Local Growth Management Strategy - Chapter 8 Employment Lands - Updated Nov 2020

ATT3  SC20/69   Coffs Harbour Local Growth Management Strategy - Chapter 4 Compact City Program - Extract Maps pages 61 and 71  

 

Executive Summary

Council at its Ordinary Meeting of 8 October 2020 resolved to adopt the Coffs Harbour Local Growth Management Strategy – Chapter 8 Employment Lands (referred to for the remainder of this report as ‘Chapter 8 – Employment Lands’) and Chapter 9 Resources; and to seek endorsement for Chapter 8 Employment Lands from the NSW Department of Planning, Industry and Environment (DPIE). Chapter 8 Employment Lands was forwarded to NSW DPIE in accordance with that resolution, who provided their conditional approval on 27 October 2020 (Attachment 1).

The North Boambee Valley West Investigation Area and the South Bonville Investigation Area were not approved by NSW DPIE. As such, Chapter 8 Employment Lands (Attachment 2) and two associated pages of Chapter 4 Compact City Program (Attachment 3) have been updated to reflect this. The purpose of this report is to advise Council of this matter.

 

Recommendation:

That Council:

1.       Note the updates to the Coffs Harbour Local Growth Management Strategy Chapter 8 Employment Lands (Attachment 2) in response to the conditional approval from the NSW Government.

2.       Notify those who made a submission to the draft Coffs Harbour Local Growth Management Strategy – Chapter 8 Employment Lands of these updates.

 

Report

Description of Item:

Council at its Ordinary Meeting of 8 October 2020, resolved to:

1    Adopt the Coffs Harbour Local Growth Management Strategy - Chapter 8 Employment Lands and Chapter 9 Resources (Attachment 1), subject to retaining the North Boambee Valley West Investigation Area within Chapter 8.

2    Adopt the updated Growth Map for Woolgoolga South West within Chapter 4 – Compact City Program of the Coffs Harbour Local Growth Management Strategy to include a small area to the south as an Investigation Area – Employment Lands (Attachment 3).

3    Seek endorsement from NSW Department of Planning, Industry and Environment for the Coffs Harbour Local Growth Management Strategy – Chapter 8 Employment Lands (Attachment 1 – updated to retain the North Boambee Valley West Investigation Area); and for the updated map within Chapter 4 Compact City Program (Attachment 3).

4    Notify Council’s decision to those who made a submission to the draft Coffs Harbour Local Growth Management Strategy – Chapter 8 Employment Lands and the Coffs Harbour Employment Lands Background Report.

Chapter 8 Employment Lands was updated after the 8 October 2020 Council meeting in accordance with Item 1 of that resolution. Both the updated Chapter 8 Employment Lands and the Growth Map of the Woolgoolga South West Investigation Area were forwarded to NSW DPIE in October 2020 in accordance with Item 3 of that resolution, seeking approval. NSW DPIE provided their conditional approval on 27 October 2020 (Attachment 1).

Issues:

As set out above, NSW DPIE’s approval of Chapter 8 Employment Lands is only conditional. They did not approve the inclusion of the North Boambee Valley West Investigation Area and the South Bonville Investigation Area within the chapter.  Accordingly, Chapter 8 Employment Lands (Attachment 2) and two corresponding pages of Chapter 4 Compact City Program (Attachment 3) have been updated to reflect this.

Their letter notes that should Council wish to pursue these areas further, an amended chapter be prepared addressing the matters highlighted in the letter in consultation with the Department to demonstrate that they are potentially suitable for inclusion.

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 and resolve to undertake further studies to provide evidence for the inclusion of the North Boambee Valley West Investigation Area.

Option 1 is recommended as the suitable course of action.

Sustainability Assessment:

•     Environment

In considering the suitability of employment land within Chapter 8 Employment Lands, a number of environmental attributes were taken into consideration, such as flood hazard, important agricultural land and biodiversity. The final chapter has a requirement for environmental studies to be undertake for all investigation areas.

•     Social

Chapter 8 Employment Lands seeks to address social impacts associated with delivering employment land by aligning employment centres and business precincts with residential growth, reflecting Council’s long term strategic vision in the MyCoffs Community Strategic Plan “to undertake development that is environmentally, socially and economically responsible

•     Civic Leadership

Chapter 8 Employment Lands demonstrates civic leadership by addressing several objectives in the MyCoffs Community Strategic Plan: B1.1 (We champion business, events, innovation and technology to stimulate economic growth, investment and local jobs); B1.2 (We attract people to work, live and visit); and C1.2 (We undertake development that is environmentally, socially and economically responsible).

•     Economic – Broader Economic Implications

Chapter 8 Employment Lands includes a number of actions that seek to facilitate and act on priorities set by the North Coast Regional Plan 2036. These actions relate to managing and supporting economic growth in the Coffs Harbour Local Government Area (LGA).

•     Economic - Delivery Program/Operational Plan Implications

No funds are available within Council’s adopted Delivery Program and Operational Plan to undertake further environmental studies to provide evidence required by NSW DPIE for the North Boambee Valley West Investigation Area to be included in Chapter 8 Employment Lands.

Risk Analysis:

Chapter 8 – Employment Lands was placed on public exhibition for an extended period, prior to its finalisation. 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 all chapters of the Coffs Harbour Local Growth Management Strategy. The consultation inputs have been as follows:

Project Stage

Inform

Consult

Involve

Collaborate

Community engagement of Coffs Harbour Local Growth Management Strategy – various chapters

x

x

x

 

Consultation with key stakeholders

x

x

x

 

Formal exhibition of various chapters

x

x

Finalisation and post adoption notification

x

x

 

 

Placescore

In early 2019, Council undertook extensive community consultation using the Place Score placemaking tool to understand community priorities and values. Actions included within Chapter 8 Employment Lands seek to facilitate improved connectivity between business precincts and public realm improvements, to support local businesses within the Coffs Harbour LGA.

Related Policy, Precedents and / or Statutory Requirements:

The objectives of Chapter 8 Employment Lands assist in the delivery of the vision, aims and objectives of the North Coast Regional Plan 2036 and Council’s MyCoffs Community Strategic Plan. All chapters within the Local Growth Management Strategy require approval 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:

The proposed changes will become effective immediately should Council note the amended Chapter 8 Employment Lands; and associated maps in Chapter 4 Compact City Program.

Conclusion:

The purpose of this report is to advise Council of the conditional approval of Chapter 8 Employment Lands of the Coffs Harbour Local Growth Management Strategy received from NSW DPIE; and to provide Council with Chapter 8 Employment Lands (Attachment 2) and two pages of Chapter 4 Compact City Program (Attachment 3) which have been updated to reflect this.

 


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SC20/70       Coffs Harbour Local Environmental Plan 2013 - Housekeeping Amendment No. 3 (Including Woolgoolga Town Centre Masterplan and Local Growth Management Strategy Design Excellence for Industrial Areas) - Post-Exhibition

Author:                        Planner/Urban Designer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC20/70   Planning Proposal PP_2020_COFFS_002_00 - Housekeeping LEP Amendment No. 3 - Post Exhibition

ATT2  SC20/70   Gateway Determination PP_2020_COFFS_002_00

ATT3  SC20/70   Government Agency Submissions

ATT4  SC20/70   CONFIDENTIAL Public Submissions

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

 

Executive Summary

At its Ordinary Meeting of 11 June 2020, Council resolved to initiate Coffs Harbour Local Environmental Plan (LEP) 2013 - Housekeeping Amendment No. 3 (including Woolgoolga Town Centre Masterplan and Local Growth Management Strategy Design Excellence for Industrial Areas). This amendment comprised miscellaneous changes such as the correction of mapping anomalies and listed heritage items; alignment with the Woolgoolga Town Centre Masterplan; and alignment with the Coffs Harbour Local Growth Management Strategy.

Public exhibition of the planning proposal was undertaken from 30 July to 15 September 2020. The purpose of this report is to seek endorsement from Council of Planning Proposal PP_2020_COFFS_002_00 Housekeeping Amendment No. 3 (including Woolgoolga Town Centre Masterplan and Local Growth Management Strategy Design Excellence for Industrial Areas) – Post Exhibition (Attachment 1). The proposed LEP amendment will ensure that Coffs Harbour LEP 2013 remains up to date and accurate; and that the actions and recommendations within the Coffs Harbour Local Growth Management Strategy 2020 and Woolgoolga Town Centre Masterplan are implemented.

 

Recommendation:

That Council:

1.       Endorse Planning Proposal PP_2020_COFFS_002_00 Housekeeping Amendment No. 3 (including Woolgoolga Town Centre Masterplan and Local Growth Management Strategy Design Excellence for Industrial Areas) – Post Exhibition (Attachment 1).

2.       Delegate to the General Manager the authority issued by the NSW Department of Planning, Industry and Environment to exercise the functions of the Minister under Section 3.36 of the Environmental Planning and Assessment Act 1979 for the purposes of finalising Planning Proposal PP_2020_COFFS_002_00 Housekeeping Amendment No. 3 (including Woolgoolga Town Centre Masterplan and Local Growth Management Strategy Design Excellence for Industrial Areas) – Post Exhibition.

3.       Continue to consult with NSW Department of Planning, Industry and Environment on the terms of the amendment to Coffs Harbour Local Environmental Plan 2013, to ensure its consistency with the objectives, outcomes and provisions of Planning Proposal PP_2020_COFFS_002_00 Housekeeping Amendment No. 3 (including Woolgoolga Town Centre Masterplan and Local Growth Management Strategy Design Excellence for Industrial Areas) – Post Exhibition.

4.       Inform those whom made a submission to Planning Proposal PP_2020_COFFS_002_00 Housekeeping Amendment No. 3 (including Woolgoolga Town Centre Masterplan and Local Growth Management Strategy Design Excellence for Industrial Areas) of Council’s decision.

 

Report

Description of Item:

At its Ordinary Meeting of 11 June 2020, Council resolved to initiate Coffs Harbour LEP 2013 - Housekeeping Amendment No. 3 (including Woolgoolga Town Centre Masterplan and Local Growth Management Strategy Design Excellence for Industrial Areas) comprising miscellaneous amendments such as the correction of mapping anomalies and listed heritage items; alignment with the Woolgoolga Town Centre Masterplan; and alignment with the Coffs Harbour Local Growth Management Strategy.

At that meeting, it was resolved that Council:

1.   Endorse and forward a planning proposal (Attachment 1) for Coffs Harbour Local Environmental Plan 2013 - Housekeeping Amendment No. 3 (including Woolgoolga Town Centre Master Plan and Local Growth Management Strategy Design Excellence for Industrial Areas) to NSW Department of Planning, Industry and Environment for determination pursuant to Section 3.34 of the Environmental Planning and Assessment Act 1979 with the removal of Item No. 3 Amendment to LEP 2013 Floor Space Ratio Map (FSR_005).

2.   Request that the Secretary of NSW Department of Planning, Industry and Environment issue written authorisation to Council to exercise delegation of the plan making functions pursuant to Section 3.36 of the Environmental Planning and Assessment Act 1979 for Coffs Harbour Local Environmental Plan 2013 - Housekeeping Amendment No. 3 (including Woolgoolga Town Centre Master Plan and Local Growth Management Strategy Design Excellence for Industrial Areas).

3.   Resolve to publicly exhibit for a period of 40 days a planning proposal for Coffs Harbour Local Environmental Plan 2013 - Housekeeping Amendment No. 3 (including Woolgoolga Town Centre Master Plan and Local Growth Management Strategy Design Excellence for Industrial Areas) following determination by NSW Department of Planning, Industry and Environment pursuant to Section 3.34 of the Environmental Planning and Assessment Act 1979.

4.   Note that a further report will be brought back to Council for consideration following public exhibition of a planning proposal for Coffs Harbour Local Environmental Plan 2013 - Housekeeping Amendment No. 3 (including Woolgoolga Town Centre Master Plan and Local Growth Management Strategy Design Excellence for Industrial Areas).

5.   Consider a further report on amendments to the Floor Space Ratio controls to support the intent of the Woolgoolga Town Centre Master Plan.

This report addresses items 1 to 4 of that resolution. In accordance with items 1 and 2 of the resolution, NSW Department of Planning, Industry and Environment issued a Gateway Determination for PP_2020_COFFS_002_00 on 16 July 2020 to enable the proposed LEP amendment to proceed and authorised Coffs Harbour City Council to exercise its delegation to make the plan (Attachment 2). In accordance with item 3 of the resolution, public exhibition of the proposed LEP amendment was undertaken from 30 July to 15 September 2020. In accordance with item 4 of that resolution, the purpose of this report is to seek endorsement from Council of Planning Proposal PP_2020_COFFS_002_00 Housekeeping Amendment No. 3 (including Woolgoolga Town Centre Masterplan and Local Growth Management Strategy Design Excellence for Industrial Areas) – Post Exhibition (Attachment 1).

Item 5 of that resolution is not considered in this report. The Woolgoolga Town Centre Masterplan recommends the application of appropriate floor space ratio controls and the development of specific built form controls within Coffs Harbour Development Control Plan (DCP) 2015 to facilitate design excellence and a high standard of public realm outcomes for the key sites. Analysis is currently being undertaken by Council in relation to appropriate floor space ratio controls for Woolgoolga and a further report will be provided to Council in this regard. Two additional studies are also underway in Woolgoolga to address related actions contained within the Woolgoolga Town Centre Masterplan, which will also be reported to Council in due course but which are not the subject of this report. The first is an amendment to Coffs Harbour DCP 2015 to facilitate design excellence and a high standard of public realm outcomes within the Woolgoolga Town Centre. The second is a Place and Movement Plan (comprising a traffic and parking analysis) to address the actions contained within the Woolgoolga Town Centre Masterplan and to apply a strategic approach to managing the movement of all modes of transport within Woolgoolga.

A minor inconsistency between Coffs Harbour DCP 2015 and Coffs Harbour LEP 2013 will result when Housekeeping Amendment No. 3 (the subject of this report) is made in relation to front, side and rear setback controls and density controls (due to a land use zoning change). This will be resolved as part of a DCP amendment for the Woolgoolga Town Centre, which is currently being prepared by Council, but which has not yet progressed to a meeting of Council. It should also be noted that the Coffs Harbour Local Growth Management Strategy Chapter 7 Residential Lands contains a short term action to amend front, side and rear setback controls and density controls. This change will resolve inconsistencies between land use zone changes and will be captured in the DCP amendment for the Woolgoolga Town Centre.

Issues:

Three (3) government agency/stakeholder submissions (Attachment 3) and 225 public submissions (Attachment 4) were received by Council during the public exhibition period. All of the issues raised by submissions have been considered in finalising the planning proposal.

·   Agency & Stakeholder Submissions

In accordance with the Gateway Determination, the NSW Rural Fire Service, Transport for NSW (Roads and Maritime Services) and NSW Planning, Industry and Environment (Heritage NSW) were consulted in relation to the proposed LEP amendment. No objection or issues were raised by any of the three agencies in relation to the proposed LEP amendment. Comments are as follows:

NSW Rural Fire Service

The NSW Rural Fire Service raised no objection or issues in relation to the proposed LEP amendment.

Transport for NSW (Roads and Maritime Services)

Transport for NSW (Roads and Maritime Services) raised no objection or issues in relation to the proposed LEP amendment, however requests the opportunity to comment and review on future development applications to work with Council to achieve positive outcomes. Transport for NSW also requests that Council ensures that safe and adequate public infrastructure is available to service the areas and amendments proposed.

Facilitation of safe and adequate public infrastructure is a key aim and consideration of the Place and Movement Plan which is currently being prepared by Council for the Woolgoolga Town Centre Masterplan.

NSW Planning, Industry and Environment (Heritage NSW)

NSW Planning, Industry and Environment (Heritage NSW) raised no objection or issues in relation to the proposed amendments to listed heritage items and considers the amendments to be administrative in nature and adequately justified. Heritage NSW does however note that the proposed land use zoning changes in Woolgoolga have the potential (as part of future development within the new zones) to impact on three local heritage items. In its submission, the Department clarifies that the heritage items are listed under Coffs Harbour LEP 2013, therefore Council is the consent authority and is able to assess any impacts on the heritage items at the development assessment stage.

·   Public Submissions

Of the 225 public submissions received during the consultation period, 224 relate to amendments associated with the Woolgoolga Town Centre Masterplan (building heights and land use zones). A total of 223 of the public submissions are in support of the proposed LEP amendment. One (1) public submission supports the proposed amendments to the Heritage Map and Schedule 5 (Environmental Heritage) of Coffs Harbour LEP 2013 to remove item I4 (Bonville Anglican Church) following the loss of the item due to fire.

Two (2) public submissions raise an issue in relation to amendments associated with the Woolgoolga Town Centre Masterplan. Both submissions object to the four key corner sites which are proposed to retain a maximum building height of 15.5 metres, and both suggest that a 15.5 metre maximum building height for these four key corner sites does not reflect the wishes of the community and could result in overshadowing, thereby detracting from the overall character and village feel of Woolgoolga. One of these two submissions also raises concern about the cumulative impacts of development on the four corner sites, cautioning that an increase to building heights could result in wind tunnelling, increased density and increased traffic, particularly at peak times.

Development of the Woolgoolga Town Centre Masterplan involved extensive community consultation over a number of years. The Woolgoolga Town Centre Masterplan (which was adopted by Council on 22 February 2018) proposes a reduction in the maximum building heights for the town centre and adjoining residential areas, excluding four key corner sites within the Beach Street Village Precinct. The four sites are identified in the Woolgoolga Town Centre Masterplan as having potential to retain the existing maximum building height control of 15.5 metres (approximately five storeys). Providing opportunities for well-designed and appropriately located five-storey, mixed use buildings, amongst a generally three-storey built environment, will achieve a balance between maintaining the village character with the need to accommodate future growth. Benefits from this approach include opportunities for short stay apartments to support local tourism, a more diverse housing supply for local residents and greater economic activity and longer business hours in the town centre.

The proposed LEP amendment seeks to implement the recommended heights within the Woolgoolga Town Centre Masterplan. A total of 223 public submissions strongly support the proposed LEP amendment and request that the maximum building heights accord with the Woolgoolga Town Centre Masterplan, noting that the four key corner sites are to retain a maximum building height of 15.5 metres.

Options:

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

1.   Resolve to adopt the recommendations of this report.

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

3.   Resolve to adopt the recommendations of this report plus, as a matter of policy, resolve to give significant weight to the Woolgoolga Town Centre Masterplan as a matter of immediate development assessment consideration prior to the making of the LEP.

Option 1 is recommended as the suitable course of action.

Sustainability Assessment:

•     Environment

The proposed LEP housekeeping amendment aims to ensure that development within the Coffs Harbour Local Government Area (LGA) continues to be carried out in an environmentally sustainable manner. Regular housekeeping reviews allow for minor adjustments to Council’s principal LEP to ensure that it remains up-do-date and accurate. Key environmental impacts are adequately addressed in the planning proposal (Attachment 1).

•     Social

Although it is difficult to directly measure the success of the social and cultural sustainability principles of Coffs Harbour LEP 2013 thus far, Council is continuing the use of new and innovative measures in its program to improve the well-being of the Coffs Harbour community. The proposed amendments relating to the Woolgoolga Town Centre are supported by extensive community and stakeholder consultation to ensure that the community’s vision for the town is captured. A viable town centre will assist in the development of a stronger social fabric and a vibrant community for Woolgoolga.

•     Civic Leadership

Council has continued to demonstrate civic leadership under Coffs Harbour LEP 2013. In this regard, Council’s strategic planning documents ensure transparency and accountability in local government. Their implementation enables Council to identify and respond to community issues and concerns. Accordingly, the proposed LEP amendment aligns with the following objectives and strategies of Council’s MyCoffs Community Strategic Plan: An active, safe and healthy community (A2.1, A2.2, A2.3, A2.4); a thriving and sustainable local economy (B1.1, B1.2); liveable neighbourhoods with a defined identity (C1.1, C1.2); and effective use of public resources (D2.1).

•     Economic – Broader Economic Implications

Regular housekeeping reviews of Coffs Harbour LEP 2013 aim to provide certainty within the development industry, which assists the local economy. The proposed LEP amendments relating to the Woolgoolga Town Centre will assist in attracting investment and harnessing the unique local qualities and competitive advantages of Woolgoolga.

•     Economic - Delivery Program/Operational Plan Implications

This housekeeping review of Coffs Harbour LEP 2013 is being undertaken internally, therefore the recommendations of this report are unlikely to result in any impacts to Council’s Operational Plan or Delivery Program.

Risk Analysis:

The LEP housekeeping review process provides a mechanism to reduce risk to Council and the community. By reviewing and amending Coffs Harbour LEP 2013 regularly to address minor anomalies and account for changes in Council policy, as well as accommodating legislative changes, Council lessens the likelihood of risk in planning related decision making.

Consultation:

Public exhibition of the proposed LEP amendment was undertaken from 30 July to 15 September 2020. A total of three (3) Government agency submissions (Attachment 3) and 225 public submissions (Attachment 4) were received. The LEP amendment was advertised in Council’s Newsroom, on the public notices page of Council’s website. Affected landowners and Government agencies were notified in writing of the proposed amendments and details of the exhibition period. Issues raised by submissions are addressed in the issues section of this report.

Project Stage

Inform

Consult

Involve

Collaborate

Draft LEP amendment reported to Council

x

 

 

 

Notification of exhibition to affected stakeholders

x

X

 

 

Public exhibition of draft LEP amendment

x

x

 

 

Post exhibition LEP amendment reported to Council for endorsement

x

 

 

 

Notification to affected stakeholders and those who made a submission

x

 

 

 

Placescore

In early 2019, Council undertook extensive community consultation using the Placescore place-making tool. The 2019 Placescore report was presented to Council on 11 April 2019. The Coffs Harbour LGA received a Placescore of 65, while Woolgoolga received a score of 67 which are both below the NSW average of 72. Top community requests for liveability improvement priorities within the LGA and Woolgoolga include the quality and condition of public and open space (footpaths, verges, parks etc.); protection of the natural environment, access and safety of walking, cycling and/or public transport (signage, paths, lighting etc.); and provision of walking/jogging/bike paths that connect housing to communal amenity (shops, parks etc.). The proposed LEP amendment supports the community’s priorities as identified by Placescore.

Related Policy, Precedents and / or Statutory Requirements:

Relevant Council policies and statutory requirements have been considered in the preparation of the LEP amendment, including: Environmental Planning and Assessment Act 1979; Environmental Planning and Assessment Regulation 2000; North Coast Regional Plan 2036; Coffs Harbour Local Growth Management Strategy 2020; MyCoffs Community Strategic Plan; Coffs Harbour Local Environmental Plan 2013, Coffs Harbour Development Control Plan 2015 and Woolgoolga Town Centre Masterplan.

Implementation Date / Priority:

Following endorsement by Council of the final planning proposal, amendments to Council’s local planning controls will occur upon the making of the local environmental plan. These timeframes are subject to internal processes within NSW Department of Planning, Industry and Environment.

Conclusion:

The purpose of this report is to seek endorsement from Council of Planning Proposal PP_2020_COFFS_002_00 Housekeeping Amendment No. 3 (including Woolgoolga Town Centre Masterplan and Local Growth Management Strategy Design Excellence for Industrial Areas) - Post Exhibition (Attachment 1). The proposed LEP amendment will ensure that Coffs Harbour LEP 2013 remains up to date and accurate; and that the actions and recommendations within the Coffs Harbour Local Growth Management Strategy 2020 and Woolgoolga Town Centre Masterplan are implemented.

 


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SC20/71       Coffs Jetty Strip Structure Plan - Post Exhbition

Author:                        Planner / Urban Designer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC20/71   Coffs Jetty Strip Structure Plan

ATT2  SC20/71   Coffs Jetty Strip Structure Staging Plan

ATT3  SC20/71   CONFIDENTIAL Public 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.

ATT4  SC20/71   Response to Issues Raised in Submissions

ATT5  SC20/71   CONFIDENTIAL Letter to NSW Government in Relation to 'Whale Tail' Land   

      

 

 

Executive Summary

At its meeting of 14 May 2020, Council resolved to place the draft Coffs Jetty Strip Structure Plan on public exhibition. The structure plan was prepared to ensure that development within this key area of the Jetty Precinct accords with the community’s desires for the area; strengthens the values of the Jetty Precinct as a whole; and assists in providing a positive interface between existing buildings, proposed development and the streetscape.

The purpose of this report is to seek endorsement of the final Coffs Jetty Strip Structure Plan (Attachment 1) and consider allocation of funding in the 2021-2022 Council budget to allow the project to proceed in stages (Attachment 2).

The Jetty Strip Structure plan was placed on public exhibition in May 2020, fifty-one submissions were received (Attachment 3) which have been taken into consideration in finalising the structure plan (Attachment 4).

The report also identifies Council’s intentions to continue discussions with the NSW Government with the intent of obtaining ownership of the Whale Tail land (Attachment 5).

 

Recommendation:

That Council:

1.       Endorse the Coffs Jetty Strip Structure Plan (Attachment 1).

2.       Consider funding allocation within the 2021-2022 Council budget to proceed to detailed design for the Coffs Jetty Strip Structure Plan and related road closure and acquisition (Attachment 2) together with the preparation of a Place Manual and Place and Movement Plan for the Jetty Precinct in accordance with the timeframes outlined in the Coffs Harbour Local Strategic Planning Statement.

3.       Continue negotiations with the NSW Government to acquire Lot 1 DP 1097861 (the Whale Tail land) (Attachment 5).

4.       Inform persons who made a submission on the draft Coffs Jetty Strip Structure Plan of Council’s decision.

 

REPORT:

Description of Item:

On 14 May 2020, it was resolved that Council:

1.   Endorse for public exhibition draft Coffs Jetty Strip Structure Plan (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, and for consideration of a final Coffs Jetty Strip Structure Plan.

Public exhibition of the draft Coffs Jetty Strip Structure Plan was undertaken from 19 May to 30 June 2020 in accordance with Item 1 of this resolution. At the conclusion of the public exhibition period, fifty-one (51) public submissions were received by Council (Attachment 3). No Government agency submissions were received. Public submissions made to the draft Coffs Jetty Strip Structure Plan generally support the plan and the process undertaken by Council in developing the plan.

Issues:

A summary of the issues raised by public submissions and how they have been taken into account in finalising the Coffs Jetty Strip Structure Plan is provided as follows:

·    Lack of Parking

A major issue raised by submissions to the draft Coffs Jetty Strip Structure Plan relates to concerns with a lack of parking within the Jetty Precinct. The plan provides a surplus of on-street parking with no net loss overall. Currently there are seventy-one (71) on street parking spaces within the broader study area. The plan identifies ninety-four (94) on-street parking spaces. One public submission also raises an issue with Council’s parking study that was used to inform the plan, noting that it did not take into consideration the private parking currently provided within the Jetty Village site. In response to this issue, Council reviewed and updated the parking study to consider the private parking on the Jetty Village Site. The findings of this updated parking study demonstrate that parking within the Jetty Precinct is currently within satisfactory thresholds.

Despite these findings, it is recommended that a Place and Movement Plan (including further parking analysis) be undertaken for the Jetty Precinct prior to, or in conjunction with, the next phase of the project (detail design) to ensure that the entire movement functions within the precinct are assessed holistically. In this regard, it is important that Council identifies appropriate parking and parking facilities, so that the character of the Jetty Strip is protected and the precinct is able to realise its full potential as a vibrant memorable place.

·    Whale Tail Land Acquisition

Multiple public submissions made to the draft Coffs Jetty Strip Structure Plan request that Council acquire the Whale Tail land (Lot 1 DP 1097861) from the NSW Government to accommodate future parking needs within the Jetty Precinct (see Stage 4 of Attachment 2). On 10 March 2020, Council sent a letter to the NSW Government requesting that they consider the sale or gift of the land to Council for public realm purposes (Attachment 5). Council has not yet received a formal response from the NSW Government. Public submissions also question the staging plan proposed as part of the structure plan (Attachment 2) and request that stage 4 be the first stage to be completed to provide off-street parking on the Whale Tail land (Lot 1 DP 1097861). Given that the NSW Government is currently consulting with the community on the future of Government owned land within the broader Jetty Precinct, it is recommended that only stages 1, 1A and 2 proceed to detail design until the NSW Government has advised Council on its intentions for this land.

·    People Movement

Public submissions made to the draft Coffs Jetty Strip Structure Plan request the provision of alternative modes of transport within the Jetty Precinct, particularly for cyclists. Public submissions also raise concerns regarding traffic circulation within the Jetty Precinct. The plan provides an indicative manoeuvring lane along Harbour Drive, which could also be used as a cycle lane. The preparation of a Place and Movement Plan within the Jetty Precinct will assist to validate movement functions and circulation within the area. One public submission requests that Council consider a left in and left out access from Harbour Drive into 357 Harbour Drive. The Jetty Strip Structure Plan does not support this request for direct access off Harbour Drive. 357 Harbour Drive is fortunate to adjoin Gilbey Lane and is therefore able to utilise this laneway for access into the site and therefore minimise negative impacts on the Harbour Drive streetscape.

·    Street Trees

Public submissions made to the draft Coffs Jetty Strip Structure Plan raise concerns with the proposed street tree planting species in relation to heights and their potential to impact on views. Street tree planting is an essential element to establish good street character and amenity. The selected species for the street median Flindersia australis will not achieve the maximum height it would attain within a natural setting (25 metres) and is most likely to reach a desirable height of 12-15 metres in the proposed environment. The vegetation proposed to be planted within the streetscape will be positioned and maintained to minimise impacts on views where practical.

·    Alfresco Dining Areas

Public submissions made to the draft Coffs Jetty Strip Structure Plan question the capacity of alfresco dining areas and shelter protection, with some submissions raising concerns that the current dining areas would be reduced in size. The size and location of alfresco dining areas will be addressed within the detail design phase of the project. It is important that the alfresco dining areas are designed and located so that they do not detract from the character of the Jetty Strip. In this regard, the configuration of the alfresco dining areas may differ from their current design. Retractable umbrellas are proposed to be used for weather protection for the alfresco dining areas, as they offer good protection against sun, light wind and rain. They are also suited to coastal environments and do not enclose the space.

·    Road Closure and Acquisition Process

The Coffs Jetty Strip Structure Plan identifies surplus road reserve adjacent to 357 and 359 Harbour Drive and supports a road closure process being undertaken in accordance with the statutory process. The Coffs Jetty Strip Structure Plan also identifies the need to acquire a small portion of land within 361 Harbour Drive to provide a uniform road corridor for Harbour Drive and strengthen its connection to the harbour. The road closure and land acquisition processes can be lengthy and could adversely impact the efficient delivery of the Jetty Strip streetscape works. Subsequently, the road closure process and land acquisition negotiations should be undertaken in conjunction with the detailed design phase of the project.

·    Public Art

Further consultation identified the opportunity for inclusion of public art in the Jetty Strip. Public art is to be designed in accordance with Council’s Public Art Policy to the value of 1% of the project budget. Artwork is to be designed and installed upon completion of the construction stages to ensure a comprehensive understanding of the streetscape.

The issues raised above have been taken into consideration in the finalisation of the Coffs Jetty Strip Structure Plan. A detailed discussion on how each issue raised by submissions has been considered in finalising the plan is provided within Attachment 4 of this report. There have been no major alterations to the Coffs Jetty Strip Structure Plan as a result of the public exhibition process.

Options:

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

1.    Resolve to adopt the recommendations of this report.

2.    Resolve to undertake an alternative approach.

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

Option 1 is recommended as the suitable course of action.

Sustainability Assessment:

•     Environment

The project is unlikely to result in any negative environmental impacts, as it aligns with the MyCoffs Community Strategic Plan: to create liveable spaces that are beautiful and appealing and to undertake development that is environmentally, socially and economically responsible.

•     Social

Social impacts associated with the project will include improved pedestrian footpath widths and more social interaction opportunities. This accords with the MyCoffs Community Strategic Plan to foster a sense of community, belonging and diversity and to undertake development that is environmentally, socially and economically responsible; and aligns with the planning principles contained within the Coffs Harbour Local Growth Management Strategy.

•     Civic Leadership

Civic leadership is demonstrated as the proposal meets the following objectives within the MyCoffs Community Strategic Plan: B1.1 “We champion business, events, innovation and technology to stimulate economic growth, investment and local jobs”, and D1.2 “We undertake effective engagement and are informed”.

•     Economic – Broader Economic Implications

Investment in the public realm has been identified as an opportunity within the Coffs Harbour Local Growth Management Strategy, along with improving the gateway to the harbour, strengthening pedestrian connections and encouraging lifestyle tourism within the Jetty Precinct. This project will support the economic growth of businesses within the Jetty Precinct and ultimately the Coffs Harbour LGA as a whole.

•     Economic - Delivery Program/Operational Plan Implications

The preparation of this structure plan has been funded through the current Operational Plan.  However, there is no funding currently allocated within the 2020/21 or 2021/2022 Operational Plan to allow for the preparation of detailed design and construction of the project, facilitation of the road closure process, or for the preparation of a Place Manual and Place and Movement Plan for the Jetty Precinct. There are resource implications to this, as Council would need to consider inclusion within the Delivery Program or alternatively seek external funding sources for this project to continue to the next phase.

Risk Analysis:

This project has been developed in conjunction with an internal working group consisting of Council staff across all Directorates. Development of the Coffs Jetty Strip Structure Plan has included a staged approach to consultation which includes stakeholder engagement, public exhibition and Council review, thereby reducing Council’s risk. It recommends that a Place and Movement Plan be prepared for the Jetty Precinct in conjunction with the detailed design stage of the project to address issues raised by submissions to the draft plan in relation to parking and people movement.

Consultation:

Significant consultation was undertaken on the draft Coffs Jetty Strip Structure Plan in accordance with the Coffs Harbour City Council Community Participation and Engagement Plan. The draft Coffs Jetty Strip Structure Plan was placed on public exhibition from 19 May to 30 June 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 the draft Coffs Jetty Strip Structure Plan, two design charrette workshops were held, one for key Council staff and another for key developers and affected landowners and/or their representatives. The charrette process enabled mediated discussion for participants to raise their views in an open forum. Key stakeholders from each charrette were invited to participate in one on one meetings with Consultants King and Campbell and relevant Council staff to discuss issues raised within their submission and to confirm their input from the charrette and the resulting outcome on the draft Coffs Jetty Structure Plan.

Details of the community engagement undertaken for the project are outlined as follows:

Project Stage

Inform

Consult

Involve

Collaborate

Individual consultation with key developers, affected landowners and/or their representatives (January 2020)

x

x

 

Two whole day design charrettes with stakeholders, Government agencies, landowners along the Jetty Strip (or their representatives), Councillors and council staff ( February 2020)

x

x

x

 

Formal exhibition of draft Coffs Jetty Strip Structure Plan (May – June 2020)

x

x

 

 

Presentation of draft Coffs Jetty Strip Structure Plan to Coffs Harbour High School Students (June 2020)

x

Internal staff review of draft Coffs Jetty Strip Structure Plan (June 2020)

x

x

 

 

Further individual consultation with key developers, affected landowners and/or their representatives (August 2020)

x

x

 

Presentation to the Access Committee (August 2020)

x

x

 

 

Post Adoption Notification (2020)

x

 

 

Placescore

In early 2019, Council undertook extensive community consultation using the Placescore placemaking tool to understand community priorities and values. This project responds to the findings of Placescore 2019 by directly addressing the following top liveability improvement priorities of the Jetty precinct, which are as follows:

-     general conditions of public open space (street trees, footpaths, parks, etc.)

-     sense of neighbourhood safety (from crime, traffic, pollution, etc.)

-     access and safety of walking, cycling and/or public transport (signage, paths, lighting, etc.)

-     sense of personal safety (for all ages, genders, day and night)

Note: Liveability Improvement Priorities (identifies the aspects for your neighbourhood that are important to people but are currently underperforming. Improving these attributes will have the most significant impact on the community).

Related Policy, Precedents and / or Statutory Requirements:

The Coffs Jetty Strip Structure Plan is integrally linked with the Coffs Harbour Local Growth Management Strategy and the vision, aims and objectives of Council’s MyCoffs Community Strategic Plan. This project also addresses a number of key goals and directions listed in the North Coast Regional Plan 2036.

Implementation Date / Priority:

Should Council adopt the Coffs Jetty Strip Structure Plan, its implementation will be further considered through the 2021/22 budget process.

Conclusion:

The primary purpose of this report is to seek endorsement of the Coffs Jetty Strip Structure Plan (Attachment 1).

The Coffs Jetty Strip Structure Plan provides a blueprint for the Jetty Precinct’s streetscape to strengthen the value of the Jetty Precinct as a whole; and assist in providing a positive interface between existing buildings, proposed development and the streetscape.

 


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SC20/72       Development Application No. 0290/20 - Residential Flat Building (46 Apartments) and Business Premises (2 Tenancies at Ground Floor) - Lot 2 DP 725818, Lot 3 DP 725818 & Lot B DP 339499, 57 Collingwood and 11 Orlando Street, Coffs Harbour

Author:                        Development Assessment Officer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC20/72   Development Application No. 0290/20 - S4.15 evaluation report

ATT2  SC20/72   Development Application No. 0290/20 - Plans

ATT3  SC20/72   Development Application No. 0290/20 - Draft Conditions

ATT4  SC20/72   CONFIDENTIAL Development Application No. 0290/20 - 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. 0290/20 for a residential flat building (46 apartments) and business premises (2 tenancies at ground floor) at Lot 2 DP 725818, Lot 3 DP 725818 & Lot B DP 339499, 57 Collingwood and 11 Orlando Street, Coffs Harbour.

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 forty-one (41) submissions. Accordingly, this matter is reported to Council for determination due to ‘significant public interest and community input’ as well as the development application proposing to vary a development standard in the Local Environmental Plan by more than 10%.

 

Recommendation:

That Council:

1.       Support the request to vary a development standard made pursuant to Clause 4.6 of Coffs Harbour Local Environmental Plan 2013 for the variation to the Height of Buildings Standard under Clause 4.3 of Coffs Harbour Local Environmental Plan 2013 in this particular case.

2.       Approve Development Application No. 0290/20 for a residential flat building (46 apartments) and business premises (2 tenancies at ground floor) at Lot 2 DP 725818, Lot 3 DP 725818 & Lot B DP 339499, 57 Collingwood and 11 Orlando Street, Coffs Harbour subject to the conditions provided in Attachment 3.

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

 

REPORT:

Applicant:

Casa Koala Pty Ltd

Landowner:

Rutter Property UT Pty Limited & Rutter Families SF Pty Ltd

Land:

Lot 2 DP 725818, Lot 3 DP 725818 & Lot B DP 339499, 57 Collingwood Street and 11 Orlando Street, Coffs Harbour

Zone:

B4 – Mixed Use

Description:

Residential flat building (46 apartments) and business premises (2 tenancies at ground floor)

Description of Item:

•     The Site

The site contains three lots and is known as 57 Collingwood Street and 11 Orlando Street, Coffs Harbour. It is a corner site and has a frontage to Collingwood Street of approximately 47 metres and a frontage to Orlando Street of 29 metres. The site has a total area of 1607m2.

The site is currently occupied by a single storey commercial premises on the corner of 11 Orlando Street and a single storey residential dwelling at 57 Collingwood Street. These buildings are proposed to be demolished as part of this proposal.

The site is located within the Jetty Precinct area which contains a variety of mixed land uses. The development site and surrounding area is primarily zoned B4 – Mixed Use under the Coffs Harbour Local Environmental Plan 2013. Opposite the site to the east is a number of three (3) storey residential units and directly opposite to the south is the Jetty Village Shopping Centre. Adjoining the site to the west is the Coffs Harbour YHA, and to the north is a two (2) storey commercial premises with a café/restaurant on the ground floor.

A plan of the development site and surrounding area is provided below:

•     The Development

The proposal involves the following:

-     Demolition of existing structures at 57 Collingwood Street and 11 Orlando Street.

-     Excavation of one (1) basement level comprising:

47 residential car parking spaces

Storage

Lift areas

-     Construction of seven (7) storey mixed use building comprising:

Ground Floor - two commercial tenancies fronting Collingwood Street and Orlando Street (301m2)

§ 18 car parking spaces with access from Collingwood Street

§ Lobby, service areas, garbage areas

Second and third storey residential:

§ 7 x 1-bed

§ 3 x 2-bed

§ 1x 3-bed

Fourth storey residential:

§ 2 x 1-bed

§ 6 x 2-bed

§ 1 x 3-bed

Fifth storey residential:

§ 1 x 1-bed

§ 5 x 2-bed

§ 2 x 3-bed

Sixth storey residential:

§ 3 x 2-bed

§ 3 x 3-bed

Seventh storey residential:

§ 1 x 3-bed

Communal rooftop terrace (236m2), landscaping, covered area, bbq facilities and  bathroom facilities

-     Landscaping

-     Public domain improvements including planter boxes, street trees, and footpath upgrades

-     Site consolidation

Issues:

The main assessment issues for the proposed development are:

-     Height of development 

-     Potential traffic impacts

-     Character of development

-     Setbacks of development

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

Options:

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

2.   Refuse the application and list reasons for refusal.

Sustainability Assessment:

•     Environment

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

•     Social

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

•     Civic Leadership

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

•     Economic – Broader Economic Implications

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

•     Economic - Delivery Program/Operational Plan Implications

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

Risk Analysis:

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

Consultation:

The development was advertised and notified in accordance with the requirements of the Coffs Harbour Development Control Plan 2015 (being the relevant plan at the time of notification) for a period of fourteen days and 38 submissions were received of which sixteen (16) objected and twenty-two (22) supported the proposal.

Due to amended plans, the development was advertised and notified for a further two (2) times and 4 submissions were received of which three (3) objected to the proposal.

One (1) submission was received that withdrew their letter of objection.

In total, the application was notified and advertised on three (3) separate occasions for a total of forty-two (42) days and received a total of forty-one (41) submissions, eighteen (18) of which are objections.

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:

-    Environmental Planning and Assessment Act 1979

-    Environmental Planning and Assessment Regulation 2000

-    State Environmental Planning Policy No 55 – Remediation of Land

-    State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development

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

-    State Environmental Planning Policy – (Coastal Management) 2018

-    State Environmental Planning Policy (Infrastructure) 2007

-    Coffs Harbour Local Environmental Plan 2013

-    Coffs Harbour Development Control Plan 2015

Implementation Date / Priority:

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

Conclusion:

A comprehensive assessment of the application has been undertaken in accordance with all statutory requirements and it is recommended that the application be approved subject to a number of standard conditions (Attachment 3).

 

 


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SC20/73       Development Application No. 0708/20 - Dual Occupancy (Detached, Involving Change of Use of Existing Building and Use of existing Unapproved Additions) - Lot 21 DP 792034, 110 North Island Loop Road, Upper Orara

Author:                        Development Assessment Officer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC20/73   Development Application No. 0708/20 - S4.15 Evaluation

ATT2  SC20/73   Development Application No. 0708/20 - Plans

ATT3  SC20/73   Development Application No. 0708/20 - Draft Conditions  

      

 

 

Executive Summary

This report provides an assessment of Development Application No. 0708/20 for a dual occupancy (detached, involving change of use of existing building and use of existing unapproved additions) at Lot 21 DP 792034, 110 North Island Loop Road, Upper Orara.

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

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

-     Significant public interest and community input;

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

-     Significant land use; and

-     Major environmental issues.

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

 

Recommendation:

That Council:

1.       Support the request to vary a development standard made pursuant to Clause 4.6 of Coffs Harbour Local Environmental Plan 2013 for the variation to the minimum separation distance between dwellings under Clause 4.2E(2)(c) of Coffs Harbour Local Environmental Plan 2013 in this particular case.

2.       Approve Development Application No. 0708/20 for a dual occupancy (detached, involving change of use of existing building and use of existing unapproved additions) at Lot 21 DP 792034, 110 North Island Loop Road, Upper Orara, subject to the conditions provided in Attachment 3.

 

REPORT:

Applicant:

Karangi Capital Pty Ltd

Landowner:

Karangi Capital Pty Ltd

Land:

Lot 21 DP 792034, 110 North Island Loop Road, Upper Orara

Zone:

RU2

Description:

Dual Occupancy (detached, involving building works and change of use of existing building)

Description of Item:

•     The Site

The site is 110 North Island Loop Road (Lot 21 of DP 792034), Upper Orara. The site comprises an area of 42.44 hectares consisting of two parts, dissected by an unformed Crown road reserve within the north eastern corner, as shown below.

Existing vehicular access is available to the site off North Island Loop Road.

The site is currently developed with a dwelling, approved under Development Consent 0947/07DA). A condition of development consent 0947/07DA required the original dwelling house which existing on the land previous to development consent 0947/07DA (approved under BA 0662/82) to be rendered non habitable and was not permitted to be used as a separate occupancy. The decommissioned dwelling is referred to as ‘existing building’ throughout this report.

The land is vegetated in parts, primarily within the western (rear) portion of the land and contains predominantly cleared areas which are currently used for agriculture (grazing of stock).  The land is mapped as containing secondary and tertiary koala habitat, which largely corresponds with components of the vegetated areas of the land.

•     The Development

The proposed development involves a detached dual occupancy, involving the change of use of an existing building and use of existing unapproved additions. The dwelling is located 467 metres to the south east of the existing dwelling currently on the land.

A small addition to the existing building has been carried out without development consent within the south western corner of the building. This addition is now indicated to be proposed to be used as part of the main bedrooms walk in wardrobe within the proposed dwelling. A recommended condition of consent requires a building certificate to be obtained for the works that have been carried out to the dwelling that required development consent.

The development proposes to utilise the existing vehicular access off North Island Loop Road.

Issues:

The main assessment issue for the proposed development is the non-compliance with the 50 metre separation development standard for dual occupancies in Zone RU2 under clause 4.2E (2)(c) of the Coffs Harbour Local Environmental Plan 2010.

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

Options:

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

2.   Refuse the application and list reasons for refusal.

Sustainability Assessment:

•     Environment

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

•     Social

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

•     Civic Leadership

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

•     Economic – Broader Economic Implications

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

•     Economic - Delivery Program/Operational Plan Implications

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

Risk Analysis:

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

Consultation:

The development was notified in accordance with the requirements of the Coffs Harbour Community Engagement and Participation Plan for a period of 14 days. 

No submissions were received.

Related Policy, Precedents and / or Statutory Requirements:

The statutory instruments relevant to the development include the following:

-     Environmental Planning and Assessment Act 1979

-     Environmental Planning and Assessment Regulation 2000

-     State Environmental Planning Policy No 55 — Remediation of Land

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

-     Coffs Harbour Local Environmental Plan 2013

-     Coffs Harbour Development Control Plan 2015

Implementation Date / Priority:

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

Conclusion:

A comprehensive assessment of the application has been undertaken in accordance with all statutory requirements and it is recommended that the application be approved subject to a number of standard conditions (Attachment 3).

 

 


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SC20/74       Options to Undertake Supportive Monitoring of Intensive Agricultural Industry

Author:                        Section Leader Compliance and Regulatory Enforcement

Authoriser:                  Director Sustainable Communities

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

Attachments:              Nil

 

Executive Summary

Council resolved at its meeting of 26 March 2020, to allocate additional resources to assist the State Government and the intensive agricultural industry through provision of supportive monitoring in the areas of water quality, water usage and illegal clearing.

This report provides Council with options for consideration with regard to the allocation of additional resourcing.

 

Recommendation:

That Council consider during the preparation of the next updated Delivery Program 2021/22 the allocation of an annual amount of $130,000 for the appointment of a 2 year fixed term Project Officer to undertake supportive monitoring of the intensive agricultural industry focussed on proactive education and compliance activities.

 

Report

Description of Item:

Council at its meeting on 26 March 2020, considered a report in regard to the Coffs Harbour Local Growth Management Strategy – Chapter 5 Rural Lands and resolved as follows:

That Council: 

1.        Adopt Coffs Harbour Local Growth Management Strategy – Chapter 5 Rural Lands (Attachment 1) subject to the deletion of the action to “amend Coffs Harbour LEP 2013 to require consent for intensive plant agriculture within Zone RU2 Rural Landscape.”

2.        Seek endorsement from NSW Department of Planning, Industry and Environment of Coffs Harbour Local Growth Management Strategy – Chapter 5 Rural Lands in accordance with the directions contained within the North Coast Regional Plan 2036.

3.        Notify Council’s decision to those who made a submission to draft Coffs Harbour Local Growth Management Strategy – Chapter 5 Rural Lands and Discussion Paper: Intensive Plant Agriculture.

4.        Allocates additional resources to assist the State Government and the intensive agricultural industry by supportive monitoring in the areas of water quality, water usage and illegal clearing

Opportunities to implement Council’s resolution in item 4 of the above actions have been considered and reviewed in consultation with various Government Agencies and existing programs that have a direct involvement with the intensive plant agricultural industry.  This report presents information and options for Council to consider and determine how it would like to proceed with the implementation of its resolution.

Issues:

Council’s resolution identified three core considerations for which it has requested the allocation of additional resources to assist the State Government and the intensive agricultural industry through provision of supportive monitoring.  These considerations and Council’s current involvement is outlined as follows:

·    Water Quality

Council conducts a quarterly program of water testing of catchments within the LGA.

·    Water Usage

Council does not have a regulatory role in water allocations or water usage from an agricultural use perspective. The Natural Resources Access Regulator is the relevant agency responsible for this regulatory function.  Council’s role in the management of agricultural water usage is restricted to the investigation and resolution of water pollution incidents.

·    Illegal Tree Clearing

The investigation of illegal tree clearing is an existing function overseen by Council’s Compliance and Enforcement Section.  Illegal tree clearing incidents are investigated and determined in accordance with Council’s adopted Compliance and Enforcement Policy.  The Compliance Response Framework (an appendix within the Policy) details the various incident types that are routinely encountered and investigated and incorporate the following:

-     Unauthorised clearing of mapped prescribed vegetation or vegetation protected under SEPP (Coastal Management) 2018 (operational machinery).

-     Unauthorised clearing of prescribed vegetation (operational machinery).

-     Unauthorised clearing of protected native vegetation as determined by corporate mapping (ceased or historic works).

Investigation into opportunities to implement Council’s resolution has identified that a raft of initiatives are being undertaken by State Agencies. Discussion with various agencies identified a general willingness to either partner with or utilise Council funding to extend existing programs.

Current initiatives by State agencies include:

·    Natural Resources Access Regulator (NRAR)

NRAR has been conducting property audits of dams to assess and ensure compliance with water management laws within the Coffs Harbour area.  Twenty-one properties were inspected in February this year resulting in the issue of various directions.  A further inspection program is planned for late 2020.

NRAR has indicated a willingness to undertake joint inspections with Council and share intelligence on compliance related matters.

·    Environment Energy and Science (EES - formally Office of Environment and Heritage)

EES has indicated there may be a possibility of extending the existing Ecohealth water quality monitoring program to undertake targeted assessment of catchments linking in with the Catchment Management Programs. EES indicated the possibility for provision of 2:1 funding toward water quality related monitoring.

·    Local Land Services (LLS)

LLS is working on the development of a best practice/accreditation scheme in conjunction with industry. The program is well developed with standards and is based on a farm by farm approach.

LLS advised that the program is yet to be implemented for a variety of reasons, however, the opportunity to partner with Council (in some capacity) could provide the impetus to obtain further action.

·    Sustainable Agriculture (SA)

Discussions with SA determined that whilst there are a number of studies and programs occurring, there is no overarching coordination being undertaken to compile a comprehensive industry overview.

SA advised they have capacity to manage a project focusing on water quality if Council was prepared to fund and would do so by expanding existing programs.

SA also advised they run a small grant program ($5-10K) to farmers to improve fertigation practices, with farmers required to match the dollar spend with in-kind resources. Provision of Council funds could be used to expand this program.

·    Department of Primary Industry (DPI) - Horticulture

DPI indicated a willingness to work with Council and collaborate on joint research and monitoring projects.

·    DPI - Water Policy and Planning

DPI advised they are working with Southern Cross University to undertake nutrient modelling.  In addition, they are also conducting the Clean Coastal Catchments Program, a Fertiliser Stewardship Program and a Fertilisation Accreditation Program.  Whilst unable to identify any immediate partnership opportunities, they advised there may be future opportunities for same.

Consultation with various State Agencies has highlighted that a raft of work is being undertaken across many different agencies specifically targeted at improving intensive plant agricultural practices.  Several agencies identified that the provision of Council funds could be used by them to further their current or proposed programs.

With State Agencies having responsibility for the oversight and regulation of water usage and water quality, Council’s involvement is limited.  The allocation of a resource to provide ‘supportive monitoring’ and achieve any meaningful outcomes in this space would be reliant on State Agency involvement. Discussions with NRAR confirmed that whilst very supportive of working with Council, they are a State based agency working across multiple council areas. Their ability to assist Council with resolution of identified problems within the Coffs Harbour local government area would be contingent on NRAR’s existing and future programs.

Opportunities for Allocation of Additional Resourcing

Council receives a significant number of complaints relating to issues arising from intensive horticultural farming activities. Whilst Council has regulatory powers and responsibility for a range of issues, State agencies also have regulatory involvement. The following is a general overview of the main issues and responsibilities:

-     Water harvesting and water use – NRAR

-     The use, spraying and storage of pesticide – EPA

-     *Waste growing media storage and disposal - Council and EPA 

-     *Burning of plastics, netting, tyres, general waste & prohibited items - Council

-     *Nutrient runoff into waterway – Council; EPA; DPI

-     *Soil and sediment runoff into water ways – Council

-     Effluent disposal and facilities – Council; Safework NSW

-     Chemical drum storage and disposal  - Council; EPA

-     Unsafe drinking water quality for workers – Safework NSW

-     *Abandoned farms (visual/waste) – Council

-     Berry picker – amenities / housing – Council; Safework NSW

-     Unauthorised clearing (land use zone dependant) – Council

* increasing and emerging challenges

Whilst Council’s resolution focussed on water quality, water usage and tree clearing issues, as can be seen above, Council has a far broader involvement in matters arising from IPA farming that impact the environment. Council’s current involvement with the IPA farming industry is primarily based on a reactionary compliance response triggered by the receipt of complaints that are addressed with regard to Council’s adopted Compliance and Enforcement Policy and associated Compliance Response Framework.  The allocation of additional resources would enable a proactive approach to be taken to address these matters consistent with the perceived intent for the provision of ‘supportive monitoring’ to the industry. 

The allocation of resources as per Council’s resolution will require the provision of a new resource or re-tasking of an existing resource.  The re-tasking of an existing resource is not considered feasible having regard to the required knowledge and skillset required and the resulting impact to existing service provision that would arise in association with the reallocation of tasks.

The following options have been identified for consideration in an endeavour to address Council’s resolution:

1.       Trial the appointment of a designated full time fixed term Project Officer

Employ a designated Project Officer for a 2 year fixed term whose primary focus would be to undertake audit type reviews of intensive agricultural farms, identify and educate opportunities for improvement and take compliance action (within Council’s regulatory remit) for breaches.  The role would seek to foster development of industry and State Agency co-operation with a view to garner support and undertake joint inspections for issues outside of Council’s jurisdiction.  Education and awareness would be key elements of the role along with a strong compliance focus for application as needed. 

Funding Consideration

Provision of funding for a 2 year fixed term contract – $129,062 per annum (includes on-costs)

Funding Source There are currently no funding sources available in the 2020/21 operational budget. A budget variation or redirection of funding from another operational program/project would be required, noting a budget variation would further impact the current operational deficit. Council will need to consider and allocate funding for the position for the 2021/22 and 2022/23 financial periods. Future impacts will be subject to the operational budget and financial position at that time.

Comment

The implementation of a 2 year fixed term arrangement will provide a suitable timeframe to evaluate and determine benefits achieved through Council’s involvement and the merit of continuation thereafter.

2.       Maintain the Status Quo

Council retains the option to reconsider and determine that no additional resources be allocated. 

Options:

Council may select from one of the following options as detailed in the Issues section of the report or alternatively it may seek to identify another means to enable implementation:

1.       Consider appointment of a designated full time fixed term Project Officer and allocation of additional funds as part of the 2021/22 and 2022/23 budget process to commence from July 1 2021.  

2.       Maintain the status quo.

Option 1 is considered the most effective means to deliver a meaningful outcome with regard to the intent of the resolution.

Sustainability Assessment:

•     Environment

The allocation of additional resources focussed on monitoring and assisting IPA is considered a positive action that will achieve improved environmental outcomes.

•     Social

Endeavours to achieve improved environmental outcomes will improve and benefit social cohesion between IPA farmers and the wider community.

•     Civic Leadership

The allocation of additional resources to monitor and assist improv