Coffs Harbour City Council

02 December 2020

 

Ordinary Council Meeting

 

The above meeting will be held in the Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour on:

 

Thursday, 10 December 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

GM20/35         New and Updated Terms Of References For The Disability Inclusion and Access Advisory Committee and Positive Ageing Advisory Committee................................................................................................................ 4

GM20/36         2020 Code of Conduct Complaint Statistics Report.......................... 11

GM20/37         Local Government Election 2021 - Full Attendance Voting........... 16

GM20/38         Review of Development Application Determinations, Delegations and Local Planning Panel Background and Options Report......... 19

Directorate Reports - Business Services

BS20/72          Monthly Financial Performance Report for the Month Ended 31 October 2020......................................................................................................... 83

BS20/73          Proponent Led Planning Proposal - Request to Amend Local Environmental Plan 2013 - Coffs Harbour Airport Enterprise Park.................................................................................................................................. 100

BS20/74          Grant of Right of Way Easement Over Lot 1 DP 600538 and Lot 2 DP 596492 Macauleys Reservoir Site, Coffs Harbour............................. 783

BS20/75          Contract No. RPT-1334-TO  Supply of Ready Mixed Concrete........ 788

Directorate Reports - Sustainable Communities

SC20/76          COVID-19 Pandemic Response and Recovery Plan.............................. 791

SC20/77          Coffs Harbour Regional Athletics Centre - Site Selection Report - Post Exhibition.................................................................................................. 821

SC20/78          Five Year Comprehensive Review of Coffs Harbour Local Environmental Plan 2013 and Planning Proposal - Five Year Comprehensive Review of Coffs Harbour LEP 2013 - Part 1 - Pre-Exhibition............................................................................................................. 879

SC20/79          Coffs Harbour Development Control Plan 2015 - Amendment No.18 (Housekeeping 5) - Post Exhibition............................................................ 971

SC20/80          Coffs Harbour Public Realm Strategy Update................................ 1002

SC20/81          Achievements of the Flood Mitigation and Drainage Special Rate Variation............................................................................................................ 1143

SC20/82          Request for Review - Development Application No. 0725/20 - Demolition of Existing Dwelling and Construction of New Dwelling - Lot A DP 416682, 19 Jarrett Street, Coffs Harbour....................... 1148

SC20/83          Development Application No. 0564/20 - Plant Nursery, Landscaping Material Supplies and Cafe - Lot 17 DP 1141168, 16 Wakelands Road, Sapphire Beach................................................................................................ 1231

SC20/84          Development Application No. 1027/17 - Additions to Caravan Park (26 Additional Camp Sites, Ablutions Building, Replacement Bridge and Internal Roads) - Lot 32 DP 1038983, 73 Fishermans Drive, Emerald Beach................................................................................................................... 1295

SC20/85          Development Application No. 0706/20 - Dual Occupancy (Detached) - Lot 5 DP 259537, 80A Moodys Road, Bonville......................................... 1332

SC20/86          Development Application No. 0418/21 - Seniors Housing (57 Self-Contained Dwellings) - Lot 4 DP 1263001, 41 York Street, Coffs Harbour.............................................................................................................. 1361

SC20/87          NRPP - Development Application No. 0901/20 - Group Home - Lot 11 and 25 DP 1140702, 735 Solitary Islands Way, Moonee Beach................. 1472

SC20/88          NRPP - Development Application No. 0415/20 - Recreation Facility (Indoor) - Multi-Purpose Sports Facility and Car Parking - Lot 201 DP 874273 And Lot 357 DP 822826, 2033 Solitary Islands Way, Woolgoolga................................................................................................................................ 1522   


GM20/35      New and Updated Terms Of References For The Disability Inclusion and Access Advisory Committee and Positive Ageing Advisory Committee

Author:                        Governance Coordinator

Authoriser:                  Group Leader Governance

MyCoffs:                      B.2 A community achieving its potential

Attachments:              ATT1  GM20/35  Draft Terms of Reference - Disability Inclusion and Access Advisory Committee

ATT2  GM20/35  Draft Terms of Reference - Positive Ageing Advisory Committee  

 

Executive Summary

This report presents the terms of reference (ToR) for the following committees to Council for adoption:

 

·    Disability Inclusion and Access Advisory Committee

·    Positive Ageing Advisory Committee

 

The Disability Inclusion and Access Advisory Committee and its ToR was recently reviewed, and the ToR has now been amended.  The Positive Ageing Advisory Committee was established by Council resolution on 9 July 2020, and a ToR has now been developed.

 

Following adoption of the ToR, expressions of interest will be held to seek nominees for both Committees.

 

Recommendation:

That Council:

1.    Adopt the amended Disability Inclusion and Access Advisory Committee Terms of Reference.

2.    Endorse the continuation of the Disability Inclusion and Access Advisory Committee for the period of the Disability Inclusion Action Plan.

3.    Adopt the Positive Ageing Advisory Committee Terms of Reference.

4.    Note that an expression of interest will be conducted to seek members for both committees.

 

Report

Description of Item:

Council forms Committees to help facilitate services and functions using community volunteers with varied expertise.  Council regularly review’s committee’s and their terms of references (ToR) to ensure their continuing suitability.  The following sections provide details of the review and/or development of both Committee ToRs.

 

Disability Inclusion and Access Advisory Committee

 

On 22 July 2017, Council adopted the Disability Inclusion Action Plan. Council staff have started preparing for the next iteration of this plan, with the Office of Local Government requiring that the consultation period be substantially commenced by June 2021.  It is anticipated that the review process and community consultation will commence from March 2021.

 

Council’s Disability Access and Inclusion Committee is a key stakeholder of the Disability Inclusion Action Plan.  The pending review prompted a review of this Committee and its ToR. As a result of the review, it was determined that the committee is still relevant although, the ToR required minor amendments for consistency with other committees.

 

The ToR was revised and the Committee’s purpose, objectives and scope were re-ordered under different headings and more clearly defined.  The scope was also updated to the following:

 

“The scope of the Disability Inclusion and Access Advisory Committee covers disability inclusion and access related issues within the context of Council’s Disability Inclusion Action Plan within the Coffs Harbour LGA.”

 

These changes do not substantially affect the Committee’s current role.

 

As part of the review it was also identified that there is a need to review the Committee.  On a number of occasions in 2020, the committee could not achieve quorum due to resignations and some member’s inability to attend.  As a result, it was decided that all roles should be made vacant, and an expression of interest conducted to seek nominees.  All Committee members have been advised of this and can nominate.  Council acknowledges and thanks each member’s contribution to Council and this Committee over the many years.

 

Positive Aging Committee

 

On 9 July 2020, Council resolved to adopt the Positive Ageing Strategy 2020-2024 and establish the Positive Ageing Advisory Committee.  The overall purpose of this committee is to support the implementation of this strategy and its associated action plan.

This report presents the (attached) draft Terms of Reference for the Positive Ageing committee to Council for adoption.  If Council adopts this ToR, an expressions of interest will be held to seek nominees for this Committee.

 

It is anticipated that this new Committee will be operational by March 2021.

Issues:

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

Options:

1.    Adopt the recommendation provided to Council.

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

3.    Reject the recommendation provided to Council.

Sustainability Assessment:

•     Environment

There are no environmental impacts relating to this report.

•     Social

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 reviewing committee’s and amending ToRs.

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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GM20/36      2020 Code of Conduct Complaint Statistics Report

Author:                        Governance Coordinator

Authoriser:                  Group Leader Governance

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

Attachments:              ATT1  GM20/36  Oct 19-Sept 20 Code of Conduct Complaint Statistics report  

 

Executive Summary

This report tables Council’s Code of Conduct complaint statistics report, which is required to be presented to Council in accordance with the Office of Local Government’s (OLG) Procedures for Administration of Model Code of Conduct.

 

 

Recommendation:

That Council note the 2020 Code of Conduct Complaints report.

 

Report

Description of Item:

The OLG’s Procedures for the Administration of the Model Code of Conduct, state that there is a requirement to report a range of Code of Conduct complaint statistics to the OLG and Council annually. This report is due within three months of the end of September of each year.  The code of conduct complaints report submitted to the OLG is attached.

Issues:

Code of conduct complaints and their details are confidential and therefore this report only presents statistical information.  No other information regarding the complaint will be provided (e.g. nature of complaint, complainant or subject person etc.).

Options:

As the report is for noting only, an options analysis is not required.

Sustainability Assessment:

•     Environment

There are no environment impacts relating to this report.

•     Social

There are no social impacts relating to this report

•     Civic Leadership

There are no civic leadership impacts relating to this report.

•     Economic – Broader Economic Implications

There are no broader economic impacts relating to this report.

•     Economic - Delivery Program/Operational Plan Implications

The costs associated with Code of Conduct complaints are funded through Council’s Governance Services budget.  Code of Conduct complaints are difficult to budget as the number, costs and nature of each complaint varies and therefore expenditure is reactionary and mostly unplanned.

Risk Analysis:

There is no risk associated with the noting of this report.

Consultation:

Not applicable to this report.

Related Policy, Precedents and / or Statutory Requirements:

This report is required in order to meet the requirements of Part 11 of the Procedures for the Administration of the Model Code of Conduct.

Implementation Date / Priority:

Nil.

Conclusion:

The report presents Council’s Annual CoC complaint statistics.

 

 


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GM20/37      Local Government Election 2021 - Full Attendance Voting

Author:                        Governance Coordinator

Authoriser:                  Group Leader Governance

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

Attachments:              ATT1  GM20/37  Letter from the Minister for Local Government - Local Government Elections 2021  

 

Executive Summary

On 17 November 2020, the NSW Minister for Local Government advised NSW Councils that the 4 September 2021 Local Government Elections will be held using full attendance voting.

 

Recommendation:

That Council note that the 4 September 2021 Local Government Elections will be held via full attendance voting.

 

Report

Description of Item:

The NSW Minister for Local Government has advised that following the postponement of the September 2020 Local Government elections, there were discussions with NSW Councils on election delivery options, including mandatory universal postal voting.  In direct response to calls from the local government sector, the Minister has instructed the NSW Electoral Commissioner to prepare for full attendance voting at the 4 September 2021 local government elections.

Issues:

The Minister advised that if COVID-19 is still impacting communities next year, the cost of holding full attendance elections will increase to meet a substantial rise in the electoral staff and polling booths needed to comply with physical distancing and sanitising requirements.  The NSW government will provide the NSW Electoral Commission with an additional funding to hold COVID-Safe elections if required, so councils will only be billed for the cost of holding elections in a normal environment.

Options:

As this report is for noting only, an options analysis is not required.

Sustainability Assessment:

•     Environment

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

•     Social

There are no social implications associated with this report.

•     Civic Leadership

This report 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 costs associated with conducting the Local Government Elections has been included in Council’s Delivery Program.

Risk Analysis:

There are no risks as a result of this report.

Consultation:

Not applicable to this report.

Related Policy, Precedents and / or Statutory Requirements:

Local Government Act 1993

Local Government (General) Regulations 2005

Implementation Date / Priority:

Immediate.

Conclusion:

That Council note that the 4 September 2021 Local Government Elections will be held via full attendance voting.

 

 


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GM20/38      Review of Development Application Determinations, Delegations and Local Planning Panel Background and Options Report

Author:                        Section Leader Development Assessment

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  GM20/38  Review of DA Determinations, Delegations and Local Planning Panel Background and Options Report

ATT2  GM20/38  Staff Delegations for the Determination of Development Applications

ATT3  GM20/38  Referral Criteria - Coffs Harbour Planning Panel and DA Determinations  

 

Executive Summary

In July 2018, Council deferred consideration of a review of the Development Application Consideration by Council Policy subject to further information being brought back to Council.

 

In July 2020, Council engaged SINC Solutions Pty Ltd to conduct an independent review of its current Development Application (DA) determination processes and staff delegations for the determination of DAs.  The project also involved the examination of options for establishing a Local Planning Panel or alternate panel model appropriate for the growing coastal city of Coffs Harbour.

 

As a result of this work, a number of key drivers for change and improvements have been identified, which are detailed in the attached report.  The report recommends a best practice approach for the determination of DAs and relevant staff delegations for Council’s consideration.

 

 

Recommendation:

That Council:

1.    Note the Review of Development Application Determinations, Delegations and Local Planning Panel Background and Options Report (Attachment 1).

2.    Revoke the Development Application – Consideration by Council Policy and adopt the Staff Delegations for the Determination of Development Applications as outlined in Attachment 2.

3.    Establish the Coffs Harbour Planning Panel for an initial trial period in accordance with Section 377 of the Local Government Act 1993.

4.    Adopt the Referral Criteria - Coffs Harbour Planning Panel and DA Determinations outlined in Attachment 3.

5.    Delegate authority to the General Manager to finalise the Coffs Harbour Planning Panel Charter, call for expressions of interest for members of the Panel and appoint the Chairperson and independent experts.

6.    Receive a future report on a recommended community representative for the Coffs Harbour Planning Panel.

7.    Be provided with a report on the findings and outcomes of the initial trial period of the Coffs Harbour Planning Panel by August 2021.

8.    Consider the allocation of $55,000 at the next quarterly budget review to commence the initial trial period for the Coffs Harbour Planning Panel.

9.    Set the panel member fees as follows:

Panel Members

Per Meeting Rate

Additional Business Rate

Chairperson or alternate

$2,000 plus GST

$285 per hour plus GST

Expert panel members

$1,500 plus GST

$214 per hour plus GST

Community representative

$500 plus GST

$71 per hour plus GST

 

Report

Description of Item:

The Coffs Harbour Local Government Area is set to undergo significant growth and change over the next 20 years as it continues to play a key role as one of four growing regional cities on the NSW North Coast.

 

At its meeting of 26 July 2018, Council considered a report on a review of the existing Development Applications Consideration by Council Policy.  At this meeting, it was resolved:

 

That this item be deferred subject to further information being brought back to Council.

 

In the context of the NSW Government’s recent planning reforms and given that the planned growth of Coffs Harbour is set to create continued pressure on local planning processes, Council engaged SINC Solutions to develop a report that includes:

 

-     A review of the current DA determination processes at Coffs Harbour City Council, including issues and opportunities.

-     A review of staff delegations for the determination of DAs and recommendations based on an industry review of like sized Councils.

-     Background on Local Planning Panels and their current use in NSW.

-     Information on how a Local Planning Panel or alternate panel model might operate at Coffs Harbour City Council, including membership, administration, implementation, cost implications and other key information.

-     An examination of the advantages and disadvantages of establishing a Local Planning Panel or alternative panel model in a growing regional coastal location like Coffs Harbour City Council.

 

A full copy of the report is included under Attachment 1.

Issues:

Council staff currently determine the vast majority of DAs with the remainder being determined by the elected Council or the Northern Regional Planning Panel.  The determination of whether a matter is considered by the elected Council is currently undertaken in accordance with Council's Development Applications – Consideration by Council Policy, adopted by Council on 12 October 2017.

 

Over the most recent 3-year period, the overwhelming majority of DAs at Council were determined by staff under delegated authority (2,750 or 98.7% of DAs).  The remaining DAs were determined by the elected Council (28 or 1% of DAs) or the Northern Regional Planning Panel (7 or 0.25% of DAs).

 

Council has undertaken various steps over the past two years to identify and implement opportunities for operational improvements to development assessment processes in an effort to improve accountability, service levels, efficiency and customer experience.  Whilst much work has been progressed during this time, including improvements to DA processing times, some key issues identified via this work remain unresolved, including:

 

-     A review of staff delegations for the determination of DAs; and

-     The implementation of a quality assurance process to support the determination of DAs, particularly for controversial matters.

 

Council has also undertaken a significant volume of strategic planning work to prepare for ongoing growth and identify key planning priorities for the next 20 years aligned to the North Coast Regional Plan 2036.  This work highlights that Coffs Harbour will continue to undergo significant growth and change, with a projected population increase of 30% and a 24-40% increase in the proportion of attached multi dwellings over the next 20 years.  Ongoing growth, coupled with Coffs Harbour’s strategic approach of focussing growth in city centres in alignment with the Compact City model, is expected to result in an increased volume and complexity of DAs and Planning Proposals.

 

At the same time, there have been various cycles of planning reforms, legislative changes and numerous reports and inquiries focusing on the governance of decision making within the planning system.  All have focussed on creating an improved planning system that is simpler, faster and designed to ensure high quality decision making and planning outcomes for local communities.

 

The NSW Government’s Local Planning Panel model has now been mandated for 35 Councils in NSW (including Sydney councils, Wollongong City Council and Central Coast Council).  Councils outside these mandated areas are not required to constitute a Local Planning Panel and to date no councils in NSW have voluntarily taken up this option.

 

As part of the project, SINC Solutions reviewed alternate panel models in place across councils in NSW, one of which is recommended as a viable and appropriate consideration for Coffs Harbour City Council. The delay in the local government election for one (1) year until September 2021, provides an opportunity for the current elected Council to trial and evaluate an alternate DA determination model within its Council term that aligns with a best practice approach.

 

The independent review of Council’s existing development determination processes enabled SINC Solutions to develop an objective picture of the effectiveness of Council’s existing arrangements.  In summary, the following key issues have been identified with respect to Council’s current DA assessment and determination processes:

 

-     There is currently no quality assurance or review process of staff recommendations by independent experts. Concurrently, the increasing complexity of DAs and Planning Proposals would benefit from independent external expert review.  The consideration of complicated planning issues will continue to require high levels of technical expertise to ensure determinations are merit based and promote good planning outcomes.  Based on the experience of councils with Local Planning Panels, having independent experts review staff recommendations provides the benefits of keeping staff in check; building more rigour into the assessment process; supporting the professional development of council staff; and ensuring decisions are made on planning grounds.  The elected Council may not be as readily equipped as independent experts to deal with emerging and complex technical requirements.

-     There is currently no set procedure or ‘checklist’ in place that provides further detail or clarification in relation to the elements triggering the referral of DAs to Council.  This provides challenges in that the current Policy enables a high degree of flexibility in determining what matters are referred to the elected Council and there is a need to strengthen staff delegations for the determination of DAs and Planning Proposals to provide greater clarity and align with best practice.

-     Planned population growth will likely place increasing pressure on the local planning system, including increasing numbers of controversial developments and community pressure on Council.  This will result in increased time required by the elected Council in determining individual DAs at Council Meetings, which may refocus attention away from longer-term strategic planning matters of importance to the whole community.

-     The current practice does not remove the conflicts associated with the multiple roles of Councillors as ‘decision maker’ and ‘community advocate’ to ensure DAs are determined on their merits in a consistent, transparent and impartial way.  Matters may not always be considered on the basis of planning legislation but rather on other factors not relevant to planning considerations.  The current model can result in intricate conflict of interests and negative community perceptions, which may in turn impact public confidence in the elected Council in relation to planning matters.

-     The current model of determining more complex DAs via the elected Council is more likely to slow down decision making and impact the efficiency of the determination process.  Whilst only a small proportion of DAs are determined by the elected Council, individual DAs can take a relatively significant proportion of time in the Council Chamber.  In some cases, this has involved the extended deliberation on the detail of technical planning matters, and resulted in some items being deferred, refused or reviewed, and later approved, which may over time, result in higher costs associated with legal challenges.  Council’s current meeting schedule excludes meetings for a two-month period from mid-December to mid-February.  A Local Planning Panel would allow for DAs to be considered in this period.

 

In addition to addressing the above issues, the proposed establishment of the Coffs Harbour Planning Panel also provides a number of broader benefits associated with independent expert planning panels, including improved probity, accountability, transparency, integrity, efficiency and timeliness of the determination process and promoting better community engagement and planning outcomes.  This includes reducing or eliminating some of the corruption risks and improving public confidence in the planning system by removing political influences in decision making on local planning matters.

Options:

In relation to this report, Council has the following options:

 

1.   Adopt the recommendation provided to Council to establish the Coffs Harbour Planning Panel for an initial trial period in accordance with Section 377 of the Local Government Act 1993, and in line with the recommendations outlined in the attached report.

2.   Reject the recommendation and maintain the current model whereby Councillors determine certain development applications in accordance with Council Policy.  The recommended changes to staff delegations could be implemented for the determination of Development Applications as outlined in Attachment 2.

3.   Reject the recommendation and establish a Local Planning Panel under the Environmental Planning and Assessment Act 1979 and as per the Minister’s requirements.

4.   Reject the recommendation and establish a Development Assessment Panel as per Port Macquarie Hastings Council with substantial call up criteria to Council.

 

These options are discussed in further detail in the report included under Attachment 1.

Sustainability Assessment:

•     Environment

The implementation of the recommendations outlined in this report are more likely to result in positive environmental outcomes for the local community.  Having independent external experts review staff recommendations and determine more complex DAs provides a range of benefits, including building more rigour into assessment and determination processes, ensuring decisions are made with high levels of technical expertise and on planning grounds, all of which are more likely to promote good planning outcomes.

 

The establishment of the Coffs Harbour Planning Panel will also enable Councillors greater time to focus on strengthening longer term planning for local communities and providing leadership on environmental projects of strategic significance.

•     Social

There are no social impacts as a result of the recommendation in this report to establish the Coffs Harbour Planning Panel in accordance with Section 377 of the Local Government Act 1993.

•     Civic Leadership

This report meets objective ‘D.1 Our leaders give us confidence in the future’ of the MyCoffs Community Strategic Plan.  Council has a strong commitment to good governance and consideration of a Local Planning Panel or an alternate panel model is a best practice approach across the local government sector.

•     Economic – Broader Economic Implications

The strategic challenge of optimising growth balanced with timely, robust and quality planning outcomes for the Coffs Harbour Local Government Area is likely to place increasing pressure on local planning processes.  Improving the long-term governance arrangements for the assessment and determination of DAs and Planning Proposals will further improve assessment and determination times to support the immediate and long-term economic recovery arising from the Covid-19 Pandemic and ensure that local planning decisions continue to contribute to the economic growth of the region.

•     Economic - Delivery Program/Operational Plan Implications

Council must make all the necessary arrangements for the operation of the Coffs Harbour Planning Panel.  The recommended model enables Council to set the fees for Panel members, which is likely to reduce the cost implications to Council.  In addition, the Coffs Harbour Planning Panel is not required to comply with state wide requirements, including all operational and reporting requirements which may result in reduced levels of administration and cost implications for Council.

 

It is estimated that the cost to Council for the operation of the proposed Coffs Harbour Planning Panel is in the order of $109,000 per annum.  This includes an internal allowance of $55,000 for Council administrative and IT support.  The cost for panel member fees is estimated at $54,000 per annum. In order to commence the initial trial, $55,000 will need to be considered for allocation at the next quarterly budget review.

 

Whilst there are cost implications associated with the operation of the proposed Coffs Harbour Planning Panel, there are also anticipated savings associated with reduced Council Meeting times, reduced development application processing timeframes and the reduced risk of court challenges.

Risk Analysis:

Independent expert planning panels improve the probity, accountability, transparency, integrity, rigour, efficiency and timeliness of the planning process.  Planning panels have also been recommended by the Independent Commission Against Corruption (ICAC) and the NSW Land and Environment Court to reduce or eliminate some of the corruption risks; reduce the costs associated with legal challenges; and improve public confidence in the planning system.

 

The recommended Coffs Harbour Planning Panel model will minimise Council’s risk exposure by strengthening the governance of decision making in local planning processes.  This includes reducing or eliminating some of the corruption risks and improving public confidence in the local planning system by minimising political influences in local planning.

 

Council will be provided a further report on the effectiveness of the Coffs Harbour Planning Panel in August 2021 following the initial trial period, which will further enable Council to assess the operation of the Panel in relation to minimising risks.

Consultation:

The development of the attached Final Report involved internal consultation with key Governance and Planning staff as well as consultation with the NSW Department of Planning, Industry and Environment within the Planning Panels Secretariat, LGNSW and Port Macquarie Hastings Council on aspects of the project.

 

A two-part online workshop was also provided for Councillors on Wednesday 9 September 2020 and Tuesday 15 September 2020 to gain Councillor feedback on the findings and recommendations of the project.

Related Policy, Precedents and / or Statutory Requirements:

The attached report has been developed on a clear evidence base to ensure the information presented to Council accurately reflects current legislative requirements, best practice, as well as the strategic direction and operational needs of Council.

 

Since 1 March 2018, Local Planning Panels have been mandatory for all Sydney councils and Wollongong City Council under the Environmental Planning and Assessment Act 1979.  On 12 February 2020, the NSW Minister for Planning and Public Spaces, the Hon. Rob Stokes MP made a further regulatory amendment requiring Central Coast Council to establish a Local Planning Panel in accordance with Section 2.17 of the Environmental Planning and Assessment Act 1979.

 

Councils in NSW outside the mandated areas are not currently required to constitute a Local Planning Panel, however, if a council wishes to constitute a panel under the Environmental Planning and Assessment Act 1979, it must adhere to the panel model prescribed by the same Act.

 

This report recommends that Council establish the Coffs Harbour Planning Panel in accordance with Section 377 of the Local Government Act 1993.  This enables Council to retain the power to set up the Panel to take on the functions that best suit the circumstances of Council, with flexibility to change the key functions of the Panel over time.  Whilst it is recommended the proposed Coffs Harbour Planning Panel be as closely aligned as practicable with the Local Planning Panel model established by the NSW Government, it is important to note that it will not be established under the Ministerial requirements from the Department, but rather by resolution of Council.

Implementation Date / Priority:

Following the initial trial period of the Coffs Harbour Planning Panel, it is recommended that a report be provided to Council on the findings and outcomes of the trial by August 2021.

 

The recommended approach enables the elected Council to review and evaluate the operation of the Coffs Harbour Planning Panel after an initial trial period within the current Council term.  This is advantageous as the current elected Council would have the benefit of experiencing both the existing determination model and the Coffs Harbour Planning Panel model.

Conclusion:

Coffs Harbour City Council is in the advantageous position of having the benefit of lessons learnt in relation to the use of planning panels by councils in NSW and the choice of selecting the determination model that best meets its needs now and into the coming years as it deals with the ongoing pressures of growth.

 

The implementation of the report recommendations will improve the independence, probity, accountability, transparency, rigour, efficiency and timeliness of the development determination process at Council.  Moreover, the proposed Coffs Harbour Planning Panel model minimises the potential for political or corrupt influences in the decision-making process, and provides an independent quality assurance and review process of staff recommendations by independent experts.

 

 

 


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BS20/72       Monthly Financial Performance Report for the Month Ended 31 October 2020

Author:                        Finance Business Partner

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS20/72   Monthly Financial Performance Report for the month ended 31 October 2020  

 

Executive Summary

This report presents the Monthly Financial Performance Report for the month ended 31 October 2020.  The report provides information on the actual to budget position at the financial statement level and capital expenditure reports for the current financial year.  As at 31 October 2020 the budget year to date surplus is $73.4 million with the actual year to date surplus being $77.3 million.

 

The explanation of year to date variances is contained within the Income Statement commentary under Variance Comments for variances greater than 10%.  There are individual recurrent revenue sources with variances but overall recurrent revenue is on track, similarly for recurrent expenditure.

 

The capital expenditure target for the current financial year is $137 million with $15.3 million expended to the end of October.

 

 

Recommendation:

That Council note the Monthly Financial Performance Report for 31 October 2020.

 

Report

Description of Item:

The Monthly Financial Performance Report provides information on Council’s actual to budget performance.  The report provides accrual based information to Council on a monthly basis and designed to identify and explain any major variances between budgeted and actual results.

 

The report includes:

 

Financial Management Summary

·     The net operating surplus at the end of October is $3.9 million ahead of budget expectations.  The total surplus after capital grants is $77.3 million against a budget of $73.4 million.  Operating expenditure to the end of October is $54.9 million against a budget of $57 million.

·     Capital expenses are behind YTD budget expectations with total capital expenditure to the end of October of $15.3 million versus a YTD budget of $17 million.  The annual targeted expenditure is $137 million for the financial year.

 

Income Statement

·     This is a comprehensive income statement detailing the monthly performance for October 2020.  This statement compares actual to budget on a monthly and year to date basis at the financial statement level.  In terms of monthly percentages, although some percentages may be large in dollar terms, they have a minor impact on financial performance.  There are individual comments for any monthly and YTD variances greater than 10%.

 

Capital Expenditure Summary and Detailed

·     Capital expenditure by cost centre and then at a more detailed level is also provided in the attachment.  Explanations have been provided for any variances greater than $200,000.

Issues:

Income Statement commentary as at 31 October 2020 for Year to Date (YTD) variances:

 

Revenue

·     Interest & Investment Revenue: Due to COVID-19 Council resolved not to charge interest and fees for late payment of Council Rates until after December 2020. In addition, there is a slight decline in interest returns on investments as they become due for re-investment.

·     Other Revenue: Revenue for Council venues such as the Community Village, Jetty Memorial Theatre, Coffs Harbour Regional Airport and Cex Coffs Harbour International Stadium are lower than anticipated due to ongoing COVID-19 restrictions and the cancellation of some events. Revenue for parking fines have also been impacted due to the reduction of fines being imposed.

 

Expenditure

·     Materials & Contracts: Materials & contracts expenses are lower than anticipated across Council as some services have been restricted due to COVID-19. There are also less expenses than budgeted for within Coastal Works due to the delayed start of the bypass works.

 

Income Statement commentary as at 31 October 2020 for Monthly variances:

 

Revenue

·     Rates & Annual Charges: There is a minor variation in dollar terms, additional annual charges for Water, Sewer and Domestic Waste are higher than expected this month.

·     User Charges & Fees: The external works revenue forecasted is lower than expected due to the delayed start of the bypass works, this will be reviewed in the December QBRS.

·     Interest & Investment Revenue: Due to COVID-19 Council resolved not to charge interest and fees for late payment of Council Rates until after December 2020. In addition, there is a slight decline in interest returns on investments as they become due for re-investment.

·     Other Revenue: Revenue for Council venues such as the Community Village, Jetty Memorial Theatre, Coffs Harbour Regional Airport and Cex Coffs Harbour International Stadium are lower than anticipated due to ongoing COVID-19 restrictions and the cancellation of some events. Revenue for parking fines have also been impacted due to the reduction of fines being imposed.

·     Grants & Contributions – Operating Purposes: There have been more contributions received than budgeted for including contributions for Richardson Park Oval, Beach Safety Education & The Culture Hub.

·     Capital Grants, Subsidies, Contributions & Donations: The majority of the variance is due to the recognition of developer contributed assets, these are not budgeted for in the income statement.

 

Expenditure

·     Materials & Contracts:  Materials & contracts expenses are lower than anticipated across Council as some services have been restricted due to COVID-19. There are also less expenses than budgeted for within Coastal Works due to the delayed start of the bypass works.

·      Other Expenses:  There are increased other expenses for the month of October due to the timing of the Community Infrastructure Grants handed out to community groups, compared to the budget which is forecasted evenly throughout the year.

Options:

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

Sustainability Assessment:

•      Environment

There are no environmental impacts for the information contained within the report.

•      Social

There are no social impacts for the information contained within the report.

•      Civic Leadership

Council supports the delivery of high quality, sustainable outcomes for Coffs Harbour by monitoring financial performance which assists the decision-making process to allocate funding for projects listed under the MyCoffs Community Strategic Plan.

•      Economic – Broader Economic Implications

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

•      Economic - Delivery Program/Operational Plan Implications

The year to date surplus, after capital revenue, is projected to be $73.4 million as at 31 October 2020 with the actual year to date surplus being $77.3 million.

Risk Analysis:

There are no risks associated with this report.

Consultation:

Group Leaders and their relevant staff have been provided with budget reports for each cost centre on a monthly basis for review.  Any variations will be provided to Council for adoption through the Quarterly Budget Review process.

Related Policy, Precedents and / or Statutory Requirements:

Local Government regulations require the Responsible Accounting Officer to submit a quarterly budget review to Council.  There is no obligation to provide monthly financial performance reports but as part of prudent financial management, we have opted to do so.

Implementation Date / Priority:

This report is for noting only and therefore there are no implementation actions.

 

Conclusion:

 

This Monthly Financial Performance Report provides information on the actual to budget results at the financial statement level along with capital expenditure reports for the current financial year.

 

The Responsible Accounting Officer confirms the Monthly Financial Performance Report for the month ended 31 October 2020 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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BS20/73       Proponent Led Planning Proposal - Request to Amend Local Environmental Plan 2013 - Coffs Harbour Airport Enterprise Park

Author:                        Commercial and Compliance Manager

Authoriser:                  Director Business Services

MyCoffs:                      B.1 A thriving and sustainable local economy

Attachments:              ATT1  BS20/73   Proponent Led Planning Proposal - Coffs Harbour Airport Enterprise Park  

 

Executive Summary

Coffs Harbour City Council is currently constructing an approved 98 lot subdivision, known as the Airport Enterprise Park (AEP), at Coffs Harbour Airport.  The subdivision application was approved by the Joint Regional Planning Panel on 6 July 2017 and will deliver a 43-hectare subdivision yielding 23 hectares of leasable land.

 

For many years, and specifically when the subdivision application was prepared, Council has considered that the AEP would provide for broader economic development uses.  To facilitate this vision Council is seeking to lodge a Proponent Led Planning Proposal (PLPP) to request amendment to the LEP for the subdivision.  The aim of the rezoning is to complement the SP1 zoning with additional uses permissible under both B5 (Business Development) and IN1 (General Industrial).  These proposed zonings are aligned with existing State and Local Planning Strategies including the North Coast Regional Plan 2036 and the Coffs Harbour Local Growth Management Strategy, Chapter 8, Employment Lands.

 

In order to progress the rezoning, Council has engaged consultants to assist in the preparation of a PLPP for the AEP (Attachment 1).  The purpose of this report is to seek approval to formally lodge the PPLP – request to amend the LEP.  Once lodged, the PPLP will follow the prescribed planning proposal processes of the NSW Department of Planning, Industry and Environment, providing the necessary independence in assessment and approval.

 

Recommendation:

That Council:

1.    Request the Minister for Planning to appoint the Northern Regional Planning Panel to be the Planning Proposal Authority for the Proponent Led Planning Proposal – Request to Amend Local Environmental Plan 2013 for the Coffs Harbour Airport Enterprise Park.

2.    Approve the lodgement of the Proponent Led Planning Proposal – Request to Amend Local Environmental Plan 2013 for the Coffs Harbour Airport Enterprise Park (Attachment 1).

 

Report

Description of Item:

Coffs Harbour City Council is currently constructing an approved 98 lot subdivision, known as the Airport Enterprise Park (AEP), at Coffs Harbour Airport.  The subdivision application was approved by the Joint Regional Planning Panel on 6 July 2017 and will deliver a 43-hectare subdivision yielding 23 hectares of leasable land.

 

Substantial preliminary flood mitigation works and bulk earthworks have already been undertaken and the first of three civil construction contracts is currently underway.  The entire subdivision is scheduled for completion in April 2022.

 

The AEP is currently zoned as SP1 Special Activity (Air Transport Facility) under the Coffs Harbour Local Environment Plan 2013 (LEP) and land uses are constrained to airport operations and uses ancillary to aviation related uses.  In general terms, there needs to be a direct link between activities within the AEP and the operation of the airport or aviation related pursuits.  While some proposed uses of the AEP such as vehicle hire depots, short term accommodation, flight training schools, aircraft hangars, aircraft maintenance facilities and aeromedical operations all have the potential to be captured by SP1 there are a range of other uses that cannot be undertaken within the current SP1 zoning.

 

For many years, and specifically when the subdivision application was prepared, Council has considered that the AEP would provide for broader economic development uses.  To facilitate this vision Council is seeking to lodge a PLPP to request amendment to the LEP for the subdivision.  The aim of the rezoning is to complement the SP1 zoning with additional uses permissible under both B5 (Business Development) and IN1 (General Industrial) (refer Map in Attachment 1).  These proposed zonings are aligned with existing State and Local Planning Strategies including the North Coast Regional Plan 2036 and the Coffs Harbour Local Growth Management Strategy, Chapter 8, Employment Lands (LGMS Ch8).

 

The Coffs Harbour LGMS Ch8 was adopted by Council at its meeting of 8 October 2020, and subsequently sent to NSW Department of Planning, Industry and Environment (DPIE) for approval.  Conditional approval of Chapter 8 was provided by NSW DPIE on 27 October 2020.  The North Boambee Valley Investigation Area and the South Bonville Investigation Area were not approved, but all other parts of the document, including the AEP, were approved.  The status of LGMS Ch8 is that those parts of the chapter which were approved by NSW DPIE are now in force and able to be used to support development applications and applications for amendments to local planning controls, namely the LEP and Coffs Harbour Development Control Plan 2015.

 

In order to progress the rezoning, Council has engaged consultants to assist in the preparation of a PLPP for the AEP and they have undertaken the preliminary step of attending a pre-lodgement meeting with Council planning officers.  Subsequent to the meeting, the PLPP has been amended in line with changes requested by Council planning officers.  A copy of the PLPP is provided as Attachment 1.

 

The PLPP seeks to create three distinct and well defined zones within the AEP including retaining areas of SP1 as well as creating a B5 precinct and an IN1 precinct.  The proposal also requests that some existing SP1 uses are retained within both the B5 and IN1 zones.

Issues:

Coffs Harbour City Council has two clearly defined roles in this process.  As the owner of the AEP, Council is undertaking the role of developer and is responsible for requesting amendment of the LEP through this rezoning application.  Council is also the Planning Authority normally responsible for the assessment of the PLPP and for the preparation and submission of a Planning Proposal to Council and to the Minister for Planning for approval.

 

The AEP has a probity plan in place that manages this relationship between Council as the Developer and Council as the Regulatory Authority in relation to the development of the subdivision.  However, the probity plan does not currently capture the PLPP process with Council acting as the Planning Proposal Authority.

 

Legal advice previously obtained confirms that where there is a concern with respect to a perceived conflict of interest, or where there is an actual conflict of interest, the Council can request that the Minister direct another authority (such as the Northern Regional Planning Panel) to be the Planning Proposal Authority.  Further details around the Gateway process are available at the following link:

 

https://www.planning.nsw.gov.au/plans-for-your-area/local-planning-and-zoning/the-gateway-process.

 

At its meeting on 13 August Council considered an amended AEP Development Probity Plan to address this issue; however, decided to defer the matter at that time.  This report proposes an alternative pathway which addresses the concerns previously raised by Council.  It is recommended that Council formally approves the lodgement of the PLPP as the developer and, to resolve the conflict of interest issue, Council requests the Minister for Planning to appoint the Northern Regional Planning Panel (NRPP) to be the Planning Proposal Authority.

Options:

Council has several options available for consideration including:

 

1.    Request the Minister for Planning to appoint the NRPP to be the Planning Proposal Authority and approve the lodgement of the PLPP with Council.

2.    Approve the lodgement of the PLPP with Council acting as the Planning Proposal Authority. This does not resolve the actual or perceived conflict of interest inherent in Council’s dual roles.

3.    Not proceed with the PLPP.  This option will significant impact Council’s ability to advance the economic development vision for the AEP and will therefore reduce the benefits realised from the subdivision for Council and the community.

 

Option 1 is recommended.

Sustainability Assessment:

•     Environment

Environmental assessments have been undertaken as part of subdivision process and further reviews have been undertaken as part of the PLPP (refer to Appendices in Attachment 1).  Further environmental assessments and reviews will be undertaken as part of the development application process for individual lots.

•     Social

As identified in the LGMS Ch8, the AEP has strong potential to generate employment growth in the region.  The rezoning of the AEP will enhance the development’s ability to attract new business and employment opportunities in the region, providing considerable social benefit to the community.

•     Civic Leadership

The AEP has the potential to add to the prosperity of the region through economic stimulation and new employment generation.  Council has already shown civic leadership by approving strategies such as the LGMS Ch8 which support growth in the region and approving lodgement of this PLPP, which aligns with the North Coast Regional Plan and the LGMS Ch8, will further exhibit Council’s civic leadership.

•     Economic – Broader Economic Implications

The rezoned AEP will act as a significant economic driver for the region, attracting new business and stimulating further growth through new job creation.  The potential of the subdivision as an economic driver has been recognised by both the Federal and State Government’s through their respective grants for the development of the AEP.

•     Economic - Delivery Program/Operational Plan Implications

The current SP1 zoning over the entire subdivision creates limitations on the types of businesses that can establish within the AEP and these uses have historically shown a lower rental yield as opposed to those achievable through and IN1 or B5 zoning.  These improved yields will have direct financial benefit upon Council’s Delivery Program and Operational Plan.

Risk Analysis:

The key risk in relation to the recommendation include the need for Council to maintain separation between its role as the developer of the land and its regulatory roles.  This risk can be mitigated by requesting the Minister for Planning to appoint the NRPP to be the Planning Proposal Authority.

 

A further risk associated with not proceeding with the PLPP is that the return on investment will be impacted through lower rental yields.  Achieving a rezoning, that is supported by State and Local Planning strategies, will improve the subdivision’s attraction to a more diverse range of tenants at higher rentals.  Council has undertaken some preliminary marketing of the AEP and there was strong interest from a range of businesses.  However, Council has only been able to progress lease negotiations with businesses that fit within the existing SP1 zoning and has had to hold other negotiations in abeyance for other uses until a rezoning can be achieved.

Consultation:

Geoff Smyth and Associates have acted as the Coffs Harbour Airport’s planning consultants in the development of the PLPP.  The consultants have, in turn, engaged a range of stakeholders including representatives of the Department of Planning, sub-consultants including environmental consultants, consultant engineers, representatives of the business community and Council planning officers (as part of the pre-lodgement meeting).

Related Policy, Precedents and / or Statutory Requirements:

Council is the Planning Authority responsible for preparing and submitting the Planning Proposal to the Minister for Planning.  Council has a well-defined process for planning proposals requesting amendment to the LEP 2013.  Given that Council is performing the role of developer and as the Planning Authority, strong consideration should be given to mechanisms that create clear delineation between these roles.

Implementation Date / Priority:

The PLPP will be lodged by the airport’s planning consultants upon the resolution of Council.

Conclusion:

The lodgement of a PLPP is the next step in the process for amending the LEP.  A successful rezoning of the AEP subdivision will have a positive impact upon the Coffs Harbour community by providing a greater range of business opportunities within the subdivision and enhance its attractiveness to new business to the region.  It is recommended that Council approve the lodgement of the PLPP and request the Minister for Planning to appoint the NRPP to be the Planning Proposal Authority.

 

 


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BS20/74       Grant of Right of Way Easement Over Lot 1 DP 600538 and Lot 2 DP 596492 Macauleys Reservoir Site, Coffs Harbour

Author:                        Team Leader Property Development

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS20/74   Plan of proposed easement for right of way

ATT2  BS20/74   Location of proposed easement for right of way  

 

Executive Summary

Council own a number of land parcels that comprise the site of Macauleys Reservoir at Coffs Harbour including Lot 1 DP 600538 and Lot 2 DP 596492.  An adjoining owner has approached Council to obtain a right of way easement over a small section of the land to enable legal and improved physical access to the rear of their property at 10 Three Islands Court, Coffs Harbour.  The proposed easement will have a very minor impact upon Councils land and the operations of the Reservoir.  It is considered appropriate to grant the easement on the basis that Council are compensated for the impact on its land and that the applicant is responsible for all costs of the matter and future maintenance of any works within the easement.

 

Recommendation:

That Council:

1.    Grant a Right of way easement over Lot 1 DP 600538 and Lot 2 DP 596492 in favour of Lot 72 DP 270533 (10 Three Islands Court, Coffs Harbour) as shown in the plan attached to this report.

2.    Accept an amount of $1,000 inclusive of GST as compensation for the grant of the easement.

3.    Agree that all costs associated with the matter are payable by the applicant and owner of 10 Three Islands Court, Coffs Harbour.

4.    Ensure that all costs of maintenance in regard to any future works constructed within the easement be the responsibility of the owner of 10 Three Islands Court, Coffs Harbour.

5.    Require the General Manager or his delegate to approve any proposed future works within the easement.

 

Report

Description of Item:

Council own a number of land parcels that comprise the site of Macauleys Reservoir at Coffs Harbour including Lot 1 DP 600538 and Lot 2 DP 596492.  An adjoining owner has approached Council to obtain a right of way easement over a small section of the land to enable legal and improved physical access to the rear of their property at 10 Three Islands Court, Coffs Harbour.  10 Three Islands Court currently comprises a vacant residential parcel of land that has a compromised frontage to Three Islands Court which makes access very difficult due a steep embankment.

 

The proposed easement will have a very minor impact upon Council’s land and the operations of the Reservoir. It is considered appropriate to grant the easement on the basis that Council are compensated for the impact on its land and that the applicant is responsible for all costs of the matter and future maintenance of any works within the easement.  Council in granting the easement would also reserve the right to approve any future works that maybe constructed within the easement.

 

The granting of this easement over Council’s land is not considered a major impost and any future access constructed by the applicant may also assist Council to access its land parcels and infrastructure on the reservoir property. The plans attached to this report shows the location of Council’s land and the position of the easement to be granted.

 

The proposed easement comprises a small area totalling 73.5 square metres and is located on that part of Councils property being at the western end of Three Islands Court.

 

The applicant is also to pay in addition to the $1,000 compensation (inclusive of GST) all costs of the matter including all charges at NSW Land Registry Service and both Council’s and their own legal and survey expenses.

 

The grant of the easement is not anticipated to impact on Council operations and access by Council to its land.

 

The land affected by the proposed easement is zoned Ru2 Rural Landscape under the provisions of Coffs Harbour LEP 2013.

Issues:

There are no major issues in relation to this matter.  The easement will impact a section of Council’s land that is little used and it will not adversely impact Council operations.

Options:

Council have two options in relation to this matter:

 

1.    Grant the easement as proposed.

2.    Refuse the applicants request and not grant the easement.

•     Environment

There are no environmental issues. Any future works constructed within the easement will not impact vegetation as this part of the site comprises earth or sparsely grassed areas.

•     Social

There are no social issues in relation to this matter.

•     Civic Leadership

The grant of the easement will facilitate practical and efficient use of land.

•     Economic – Broader Economic Implications

There are no broader economic implications in relation to this matter.

•     Economic - Delivery Program/Operational Plan Implications

The grant for the easement will provide Council with a net amount of $1,000 in funds as compensation for the impact to its land.  The funds can be used as general revenue or to make or assist with improvements to the affected property.

Council’s qualified Valuer has negotiated the agreement with the land owner and the terms of the agreement are considered fair and reasonable to both parties.

Risk Analysis:

There is considered little or no risk in processing this matter.  Council’s interests in relation to the transfer will be protected by Councils solicitor who will facilitate the conveyance.

Consultation:

Internal consultation has occurred with the relevant sections of Council and there have been no objections raised to the proposed grant of the right of way.

 

The sections of Council who maintain and administer the reservoir property have advised they have no objection to the proposed easement on the basis that all future construction works within the easement are approved by Council and that the party granted the easement is responsible for all future maintenance.

Related Policy, Precedents and / or Statutory Requirements:

Council has in the past granted easements when appropriate.

The grant of the easement requires a resolution of Council pursuant to Section 377 (1) (H) of the Local Government Act 1993.

In this case the sections of Lot 1 DP 600538 and Lot 2 DP 596492 to be impacted are classified as Operational Land under the Local Government Act, 1993. This classification permits Council to legally deal in the land.

Implementation Date / Priority:

The matter will be dealt with immediately following Council’s resolution.

Conclusion:

The grant of the easement will not have any detrimental or significant impact on Council’s land and as such Council’s agreement to grant the easement on the terms detailed within this report is considered an appropriate use of resources.  The easement will facilitate the adjoining owner with improved access to their property.

 

 


 

 




BS20/75       Contract No. RPT-1334-TO  Supply of Ready Mixed Concrete

Author:                        Strategic Contracts Administrator

Authoriser:                  Director Business Services

MyCoffs:                      B.1 A thriving and sustainable local economy

Attachments:              ATT1  BS20/75   CONFIDENTIAL RPT-1334-TO Tender Assessment

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.  

 

Executive Summary

On 1 January 2018, Council entered into a contract through Regional Procurement Initiative (RPI) for the supply of Ready Mixed Concrete on a two plus one-year term.  This contract is due to expire on 31 December 2020.

 

RPI recently conducted a tender for the same products with the aim of establishing a new supply contract for the period 1 January 2021 to 31 December 2022, with a further one-year extension option. The contract will be awarded as a panel supply contract to a number of proponents.

 

Recommendation:

That Council considers the tenders received for the Supply of Ready Mixed Concrete, Regional Procurement Contract T0302021MNC, Contract No. RPT-1134-TO, and adopts the recommendation in the confidential attachment.

 

Report

Description of Item:

RPI, on behalf of the Mid-North Coast Procurement Alliance Group of Councils, has called tenders for the Supply of Ready Mixed Concrete, RPI Tender T302021MNC, which closed on 30 September 2020.

 

Coffs Harbour City Council signed a letter of participation with RPI for inclusion in this tender.

 

Tenders were evaluated on the following criteria:

 

·    Total Price

·    Referees

·    Quality Assurance

·    WH&S Systems

·    Customer Service

·    Ecological Sustainable Development

 

Six tenders were received from the following proponents for the Supply of Ready Mixed Concrete against Council’s requirements:

 

1.   Boral Resources NSW Pty Ltd

2.   RW & CA Hall, Trading as Coffs Harbour Mini Mix

3.   Hanson Sydney

4.   High Quality Concrete

5.   Holcim Australia Pty Ltd

6.   Hurd Haulage, T/A Hy-Tec Concrete

 

Hurd Haulage did not submit a tender for Coffs Harbour City Council’s requirements.

Issues:

Of the five proponents that submitted tenders for Council’s requirements, each contained a number of minor non-conformances in the form of departures to the stated terms and conditions of contract.

Options:

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

 

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

2.    Reject all tenders.

Sustainability Assessment:

•     Environment

On behalf of Mid-North Coast Procurement Alliance Group of Councils, RPI has addressed major environmental issues in the form of a compulsory questionnaire in the Tender Schedules.

 

As per RPI’s documents, the successful proponents must comply with the Protection of Environmental Operations Act 1997 at all times with respect to pollution from noise, air, water, land and waste sources.

•     Social

There are no adverse social implications involved in this contract.

•     Civic Leadership

The tender is consistent with My Coffs Community Strategic Plan. Council supports the delivery of high quality, sustainable outcomes for Coffs Harbour.  Council also illustrates leadership in encouraging local business participation, resulting in increased permanent and casual employment for Coffs Harbour residents.

•     Economic – Broader Economic Implications

There are no broader economic implications with the awarding of this tender.

•     Economic - Delivery Program/Operational Plan Implications

All orders for the Supply of Ready Mixed Concrete will be based on operational requirements that have been approved and budgeted for over each financial year of the term of the contract.

Risk Analysis:

Tender documentation has been developed to minimise Council’s exposure to risk.  Quality, safety and environmental risks will be supervised by experienced and qualified Council staff in the engagement of applicable preferred suppliers throughout the term of the contract.

Consultation:

Internal consultation was undertaken with relevant Council staff to discuss the RPI contract outcome and the evaluation panel recommendation.

Related Policy, Precedents and / or Statutory Requirements:

The calling, receiving and reviewing of tenders was carried out in accordance with Part 7 Tendering of the Local Government (General) Regulation 2005.  Tendering procedures were carried out by RPI in accordance with Council policy.

 

RPI’s Tender Value Selection System was applied during the tender review process to determine the most advantageous offer.  RPI’s policy is that the tender with the highest weighted score becomes the recommended tenderer (refer Confidential Attachment).

 

The tender falls outside of the General Manager’s delegation to accept tenders as it is likely the expenditure will exceed $1,500,000 and it extends beyond the term of the current Council.

Implementation Date / Priority:

The advertised contract is for an initial two-year period with a further one-year extension of term option.

Conclusion:

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

 

  


SC20/76       COVID-19 Pandemic Response and Recovery Plan

Author:                        Community and Cultural Services Project Officer

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC20/76   COVID-19 Pandemic Response and Recovery Plan  

 

Executive Summary

The coronavirus (COVID-19) was declared a pandemic by the World Health Organisation in March 2020. The subsequent response has already had significant impacts on the local community, with impacts which can be expected to continue for some time. 

The COVID-19 Pandemic Response and Recovery Plan (Attachment 1) has been prepared to detail the arrangements, roles, responsibilities, recovery objectives and strategies required to ensure a coordinated recovery from the pandemic within the Coffs Harbour Local Government Area.

The purpose of this report is to present the Council with the COVID-19 Pandemic Response and Recovery Plan and seek Council’s endorsement of this Plan to mitigate and recover from the impacts of the COVID-19 pandemic.

 

Recommendation:

That Council:

1.       Endorse the COVID-19 Pandemic Response and Recovery Plan to mitigate and recover from the effects of the COVID-19.

2.       Consider the allocation of $180,000 at the next quarterly budget review to commence implementation of the Community Resilience Program within the COVID-19 Pandemic Response and Recovery Plan.

 

Report

Description of Item:

At its meeting of 26 March 2020, Council considered a Mayoral Minute on the then emerging pandemic and an initial COVID-19 local business support plan and resolved:

That Council:

1.       Encourage everyone to buy local and support local business and community #buylocal #supportlocal.

2.       Acknowledge the current response to the COVID-19 pandemic as outlined in the attached Local Business Support Plan – Phase 1 (Attachment 1).

3.       Resolve immediately the following actions to enhance the Local Business Support Plan (Phase 1):

3.1.    Amend Council’s Rates, Charges and Fees – Financial Hardship Policy to apply to non-residential properties;

3.2.    Suspend new debt recovery actions for outstanding accounts where financial hardship is apparent;

3.3.    Remove account keeping fees;

3.4.    Remove late and reminder fees;

3.5.    Remove credit card surcharges;

3.6.    Support procurement from local businesses;

3.7.    Defer the 2020/21 Special Rate for city centre businesses and associated infrastructure works to the same value; and

3.8.    Loan repayment relief for existing loans to community groups.

4.       Receive a report at the next Council meeting which addresses, as a minimum, the following options to assist local small businesses and community groups (Phase 2):

4.1.    Relief through rent abatements for leases and licences of Council managed properties; and

4.2.    Waiving of fees for small/local business related inspections.

5.       Initiate the development of a Recovery Plan (Phase 3) for the Coffs Harbour community which will include:

5.1.    A focus on broad business and organisation recovery across multiple sectors to impacted businesses and industries, to augment Federal and State Government programs; and

5.2.    Strong advocacy with other levels of government.

6.       Thank the community for their support of our health workers and key front line workers and acknowledge that the Commonwealth and State health authorities are the lead agencies for this global pandemic.

7.       A report to be bought back to Council in the first meeting of April to discuss potential timelines and review this initiative.

This report addresses Item 5 of the above resolution relating to a Recovery Plan.

The COVID-19 Pandemic Response and Recovery Plan (The Plan) is the product of meetings, workshops and roundtable events with key stakeholders including local community organisations, businesses and industries. Previous consultation, including Council’s Customer Satisfaction Survey (May 2020) and Community Wellbeing Survey (August 2020) have been used to inform this Plan.

The Plan outlines ways that Council will support residents, communities and businesses to ensure there is a strong foundation for long term recovery. Council’s response and recovery efforts are focused on meeting the needs of individuals, households, the community, business and industry.  Each focus area is explored in this Plan as follows:

-     The impacts that have been felt within each focus area.

-     Evidence-based statistics that highlight the extent of the impacts.

-     Council’s key directions for adaptation and recovery.

The purpose of this report is to present the Council with the Coffs Harbour COVID-19 Pandemic Response and Recovery Plan (Attachment 1) and seek Council’s endorsement of this Plan to mitigate and recover from the impacts of the COVID-19 pandemic.

Issues:

Whilst the COVID-19 pandemic has caused a global health crisis, the health impacts at the local level have been minimal. However, the impact on economic activity has been highly damaging, leading to the first technical recession in Australia for almost 30 years.

At a local level, it is estimated that more than 1,000 people have lost jobs, with productivity of all economic sectors being impacted. Modelling suggests that this could increase through to the end of 2020 and beyond, although there is great uncertainty about potential future events.

·    Key directions for response and recovery

Council has a role to play at a local level to guide the response and recovery for local communities and businesses. The Plan identifies key directions for Council’s response and recovery process which are to:

-     Recognise and respond to those in our community that are most in need;

-     Invest and refocus Council’s resources in line with community and business needs, now and in the future;

-     Position and activate key projects to facilitate investment locally;

-     Work with State and Federal Governments to best co-ordinate how to ensure each level is best responding within their own means.

Council’s approach to response and recovery is guided by the National Principles for Disaster Recovery adapted to the context of the pandemic.

·    Phased approach to response and recovery

Council’s response and recovery process aligns with the vision in the MyCoffs Community Strategic Plan. Within this context, there are four phases of the response and recovery process – survive, restart, activate and prosper. 

From the onset of the pandemic, Council has closely monitored the situation and moved quickly to identify and implement opportunities to reduce immediate impacts, such as introducing a Local Business Support Plan in March 2020. Moving forward, Council’s focus will shift from immediate needs for ‘survival’, to a series of actions to ‘restart’, ‘activate’ and ‘prosper’.  By doing so, Council will work actively to support residents, communities and businesses with the task of returning to a ‘new normal’.

Through this phased approach, this Plan provides a clear process to implement initiatives that reach across all parts of Council and the local government area. This includes a range of projects, programs and policies that will support individuals and households, the community as well as businesses and whole industries.

·    Community Resilience Program

The development of The Plan highlighted a need for greater awareness, co-ordination and collaboration to capitalise on Council’s efforts in response and recovery.  In order to support the existing work already being undertaken and delivered by Council, The Plan proposes that Council invests in a $2 million Community Resilience Program over the next four years. This will provide the funding that is needed to engage the community and business to promote local activity. 

The Program will be supported by two new “Community Resilience Officer” positions.  These will provide Council with a direct conduit to business and local communities, agencies and organisations to drive collaboration and build capacity. The Program will invest in a variety of local events, business collaboration and community connection opportunities.  These efforts will be co-ordinated with Council’s promotional activities to provide additional support that facilitates bottom up initiatives to deliver actions focused on the key needs and directions identified in this Plan.

In additional to the Community Resilience Program, Council will continue to lobby and advocate for funding to support response and recovery efforts by all levels of government.

Options:

There are two options that may be considered by Council:

1.       Accept the recommendations of this report to adopt the COVID-19 Pandemic Response and Recovery Plan.

2.       Reject the recommendation included in this report.

This report recommends that Council undertake Option 1 as outlined.

Sustainability Assessment:

•     Environment

There are no environmental impacts associated with this report. 

•     Social

The COVID-19 Pandemic Response and Recovery Plan includes key directions that address social connections, capacity building and actions that will contribute to localised promotion, therefore improving opportunities for social participation and wellbeing.

•     Civic Leadership

The COVID-19 Pandemic Response and Recovery Plan contributes to the achievement of the MyCoffs Community Strategic Plan objectives A2: An active, safe and healthy community and B1: A thriving and sustainable local economy.

•     Economic – Broader Economic Implications

The COVID-19 Pandemic Response and Recovery Plan introduces measures to improve and enhance the local economy. 

•     Economic - Delivery Program/Operational Plan Implications

The Community Resilience Program outlined within the COVID-19 Pandemic Response and Recovery Plan may require the allocation of additional funding of $2 million over the next four years.  In order to commence this program, an allocation of $180,000 will need to be considered at the next quarterly budget review.

The other activities and projects outlined in the COVID-19 Pandemic Response and Recovery Plan can be generally accommodated within the scope of the existing 2020/21 Operational Plan and supporting budgets. 

Risk Analysis:

Council has a key role to play at a local level to guide the response and recovery for local communities and businesses. There are risks to the community health and local economic sustainability if Council does not participate in the recovery effort.

Consultation:

In keeping with the principles of disaster recovery, Council has undertaken both day to day and targeted consultation with the community and businesses since the initial outbreak of the pandemic in March 2020. This has been focused on understanding and appreciating the most effective way to respond and recover from its impacts.

In addition, three dedicated roundtable sessions were held with key stakeholders to inform the direction of this Plan.

Council will use previous and future consultation to continue to inform this Plan. This includes its Customer Satisfaction Survey (May 2020) and Community Wellbeing Survey (August 2020).

Related Policy, Precedents and / or Statutory Requirements:

Council’s approach to response and recovery is guided by the National Principles for Disaster Recovery adapted to the context of the pandemic.  Council will review this Plan at regular intervals in line with its Integrated Planning & Reporting framework.

Implementation Date / Priority:

Should Council endorse the COVID-19 Pandemic Response and Recovery Plan and supportive funding, it will enable the progress of recruitment and implementation of the Community Resilience Program.

Conclusion:

The Coffs Harbour COVID-19 Pandemic Response and Recovery Plan has been prepared to detail the arrangements, roles, responsibilities, recovery objectives and strategies required to ensure a coordinated recovery from the pandemic within the Coffs Harbour Local Government Area.

The purpose of this report is to present the Council with the Coffs Harbour COVID-19 Pandemic Response and Recovery Plan and seek Council’s endorsement of this Plan to mitigate and recover from the impacts of the COVID-19 pandemic.

 

 


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SC20/77       Coffs Harbour Regional Athletics Centre - Site Selection Report - Post Exhibition

Author:                        Community and Cultural Services Project Officer

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC20/77   Site Selection Report - Regional Athletics Centre - Xypher Consulting

ATT2  SC20/77   Local MP, State Sporting Organisations and Agency Submissions

ATT3  SC20/77   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  SC20/77   Summary of Submissions and Responses  

 

Executive Summary

In July 2019, Council resolved to support in principle the establishment of a Regional Athletics Centre and to undertake a site selection investigation.

At Council’s Meeting of 10 September 2020, the proposed Regional Athletics Centre site selection report was provided to Council following a comprehensive investigation. Two sites, Bruce Barnier Oval and York Street Oval, were investigated as part of this site selection process.

The Site Selection report recommended the York Street Oval site to provide the best interim and long term solution for athletics.

Council resolved at this meeting to place the Regional Athletics Centre Site Selection report on exhibition for a period of 28 days. As a result of this public exhibition process, 51 submissions were received, with feedback from state sporting organisations, local sport and the public considered in the confirmation of a recommended site.

The purpose of this report is to seek endorsement of the Regional Athletics Centre Site Selection report, which recommends York Street Oval for the Coffs Harbour Regional Athletics Centre site, and to note the next steps, including a funding allocation for the preparation of a master plan.

 

Recommendation:

That Council:

1.       Adopt the Coffs Harbour Regional Athletics Centre Site Selection Project Report (Attachment 1), confirming York Street Oval as the selected site, consistent with the adopted Coffs Harbour Sports Facility Plan 2016.

2.       Consider the allocation of $100,000 at the next quarterly budget review to develop a site master plan for York Street Oval (Phase 1).

3.       Note that confirmation of the York Street Oval site will enable further stages of planning through the next steps:

3.1.    Phase 1 (recommended for funding consideration at next quarterly budget review)

3.1.1. Develop a site masterplan including concept plans and cost estimates in consultation with stakeholders.

3.2.    Phase 2 (funded)

3.2.1. Design and construct - amenities and new public toilets.

3.3.    Phase 3 (unfunded)

3.3.1. Detailed design of all site facilities including synthetic track and field components, football fields, lighting, drainage, recreation opportunities for community use, onsite parking, pedestrian connections – with facility input led by state sporting organisations in consultation with local athletics and football.

3.3.2. Produce a business case to assist with funding submissions including capital and operational expenditure forecasts.

3.3.3. Construction

4.   Notify Council’s decision to those who made submissions.

 

Report

Description of Item:

At its Ordinary Meeting of 25 July 2019, Council considered a Notice of Motion on an investigation of possible sites for an athletics facility and resolved as follows:

That Council:

1.       Supports in principle the establishment in the near future of a permanent year round Regional Athletics Centre, consisting of an international standard 400m multi-lane (minimum 8) all weather synthetic-surfaced track and field facility, to be situated in the Coffs Harbour Local Government Area to service Coffs Harbour and the surrounding area and for the overall benefit of the North Coast Region.

2.       Recognises the establishment of a Regional Athletics Centre would presently be dependent on funding being provided by the State and/or Federal Governments, with the contribution of Council being the provision of land.

3.       Undertakes to identify and report on suitability of potential sites for the establishment of a permanent Regional Athletics Centre, with a supporting funding allocation of $40,000 from the Community Facilities Reserve.

4.       That the potential sites for investigation include the following:

a)   North of the Hockey Fields

b)   At the grounds managed by the Coffs Harbour Rugby League Club Inc.

c)   At York St oval.

Accordingly, strategic sport planning specialists Xypher Consulting were engaged to investigate the options for sites for the proposed Regional Athletics Centre (RAC). The findings were presented to Council at its Ordinary Meeting of 10 September 2020, where Council resolved:

That the Regional Athletics Centre Site Selection report be placed on exhibition for a period of 28 days.

Accordingly, the Regional Athletics Centre Site Selection report and supporting information material was placed on Council’s Have Your Say website between 22 September and 23 October 2020. At the conclusion of the public exhibition process, 51 submissions were received (Attachment 2 and Confidential Attachment 3).

The purpose of this report is share the feedback received from state sport organisations and public submissions during this exhibition period, and to seek endorsement of the Regional Athletics Centre Site Selection report (Attachment 1), which recommends York Street Oval for the Coffs Harbour RAC site, consistent with the adopted Coffs Harbour Sports Facility Plan 2016.

Issues:

At the conclusion of the public exhibition process, 54 submissions were received.  Three (3) of these were second submissions by the same person or organisation.  In accordance with Council’s Submission Policy, if a submission is received twice, it is counted as one single submission (the information in both submissions is combined for consideration if required).

Therefore, 51 submissions have been taken into consideration for this report.  Of these:

-     6 submissions were received from State or National sport stakeholders

-     1 submission was received from a State Government agency;

-     16 submissions were received from individuals who identified as representatives of local sport clubs;

-     28 submissions were received from the public.

Feedback on the site selection is divided and varied with 23 submissions in support of Bruce Barnier Oval; 22 submissions in support for York Street Oval and 6 submissions identifying no particular site preference.  The issues range in breadth and complexity and have been considered as part of the site selection assessment recommendation. All submissions support the need for this facility, and state the importance of developing it as soon as possible and the benefits it will bring to the region. 

Following the exhibition period, an athletics stakeholder meeting was held with the two state sporting organisations, Athletics NSW (ANSW) and Little Athletics NSW (LANSW), representatives from federal, state and local government, and local athletics representatives and interested parties. 

All submission issues have been analysed in a comprehensive Submissions Summary Report (Attachment 4).

The significant issues raised in submissions are outlined below.

·    Athletics requirements and components

Both state sporting organisations, ANSW and LANSW, support the York Street Oval site.

State and local athletics representatives emphasised that a RAC should have capacity to accommodate all athletics track and field requirements and components. To attract state events, this includes safe access to warm up areas, additional field components, additional space for ancillary events infrastructure and adequate parking provision.

Such a facility would enable state athletics organisations to plan and schedule regional level competition events. This will provide further opportunities to promote the growth of athletics by the attraction of coaches, events and offer broader community and school participation, as well as economic benefit of the events themselves.

·    Development timeframe

There were concerns raised on the potential for a longer-term development timeframe of York Street Oval (relating to the relocation arrangement of football to Moonee in 2033), and those submissions presented a site preference towards Bruce Barnier Oval.

As set out in the site selection report, an alternative facility layout for York Street Oval provides an option to address the timing concerns expressed by local athletics for this site and would allow district level football to continue whilst the RAC is developed in phases.  This could commence with a year round grass track (as soon as an agreed colocation plan is in place), for training purposes. Although a minor improvement, it does none the less deliver an all year track facility in the short term.

More meaningful developments can take place once a detailed design for the whole site is completed and funding becomes available, as set out in the next steps within this report. There is some funding currently available for York Street Oval to commence the first phase of co-locating athletics and football on the site through an upgrade to amenities, including a Council allocation for new public amenities.

The Bruce Barnier Oval site development timeframe is difficult to quantify as there are currently no viable options of available land within the Coffs Coast Sport and Leisure Park precinct to relocate all of the existing users of the Bruce Barnier Oval site, including local sport and major events. The cricket oval could be relocated to the remaining undeveloped parcel on the north west of the precinct, subject to funding becoming available (estimated $2 million) and a design and construct process which would require approximately 2 years to complete, prior to any works commencing at Bruce Barnier Oval. However the remainder of existing users – including local hockey, and major events, would lose existing facilities that cannot be relocated within the precinct, as there are no further ‘vacant’ areas sufficient to replace what would be lost at Bruce Barnier Oval.

·    Integration within the Coffs Coast Sport & Leisure Park Precinct and Regional Sports Hub Model

The integration of a RAC at Bruce Barnier Oval was highlighted to be more complementary to the Coffs Coast Sport and Leisure Park precinct.

Alternatively, existing organisations who use the facility, including local sport (cricket and hockey) raised concerns about co-location of the RAC within the Coffs Coast Sport and Leisure Park precinct resulting in a loss of existing playing fields. Further potential issues during multiple sporting events included competing priorities for playing fields, parking and traffic congestion and damage to synthetic tracks or field equipment from higher volume of sports users.

There were concerns that if the RAC is not near the Coffs Coast Sport and Leisure Park precinct it may hinder the attraction of state athletics events.  Both Athletics NSW and Little Athletics NSW have however confirmed that this would not have an impact on securing events, and further that the proximity of the York Street Oval venue to local accommodation and facilities would be more highly regarded.

The Site Selection report notes that while a RAC at Bruce Barnier Oval would provide a stronger connection with other regional facilities in the precinct (existing and planned), athletic user groups would also experience more influence, interruption and use by other users, particularly during major events (and equally athletics events would also impact a larger number of current users).

The NSW Office of Sport’s Regional Sports Hub (RSH) model is compatible with both sites.  The success of other regional sport facilities, located outside of Coffs Coast Sport and Leisure Park, are further evidence of how co-location within the Coffs Coast Regional Sports Park is not a barrier to the RSH model or to attracting major events. Examples include the velodrome, criterium and BMX tracks at Toormina Sports Complex, netball at Vost Park and the Coffs Harbour Olympic Memorial Swimming Pool.

·    Economic impact on existing or potential events

Large participation events such as Oztag and Touch Football are considered a crucial component to the Coffs Coast tourism economy, including local tourism, accommodation and hospitality services. Submissions highlighted that these events are growing and that they should be protected and enhanced. There were concerns about the risk that major sporting event organisers may need to consider alternative host city options if such a reduction to playing fields occurs, resulting in negative impacts to the local economy.

The Site Selection report outlines that if a RAC is developed within the Coffs Coast Sports and Leisure Park, this will reduce overall field size, resulting in the City’s risk of losing major events due to reduction of playable multipurpose space available. The five existing Oztag and Touch Football events alone provide significant visitation and economic benefits to the local and regional economy which is valued at approximately $15 million annually. 

·    Football and athletics co-location arrangements at York Street

Football representatives raised concerns about the staged interim shared arrangements between football and athletics and the longer term development timeline of both York Street Oval and the future Moonee site, due to football’s growth and changing requirements.

The alternate proposal for York Street Oval will ensure football has continued access to two flood lit fields, shared access to a third field in the middle of the athletics track and continued access to one field at Korora Oval. Combined, this represents the largest number of fields allocated for any football club in the local government area.

The report identifies further opportunities to make a shared arrangement more agreeable to Northern Storm Football Cub. Facilities such as additional floodlighting, irrigation and fencing could be added to the scope of the RAC project and will be considered in site master planning.  

As noted further in the report, funding to progress phase 2 (upgrade to amenities and new public amenities) of a shared facility at York Street Oval for athletics and football has been identified.

Next steps

Consistent with the Coffs Harbour Sports Facility Plan 2016, and in response to the feedback received by state sporting organisations and public submissions during this exhibition period, it is recommended that the York Street Oval site can be fully maximised and tailored to suit athletics requirements now and into the future.

York Street Oval is able to continue to deliver a functional facility for district level football, until such time as football moves to Moonee Sports Complex in the future.

York Street Oval could also have the capacity to include community fitness and running facilities for use by the community in general.

Confirmation of the York Street Oval site will enable further stages of planning and delivery through the next steps:

1    Phase 1 (recommended for funding consideration at next quarterly budget review)

Develop a site masterplan including concept plans and cost estimates in consultation with stakeholders. This is a critical next step to adequately plan for the various stakeholder needs on the site, including athletics, football and broader community recreational use, and to ensure phase 2 can be constructed appropriately.

Estimated cost: $100,000.

Estimated timeframe: minimum 6 months.

Commencement: February 2021 or when funding is available.

2    Phase 2 (funded)

Design and construct - amenities and new public toilets.

Estimated cost: phase 2 will need to deliver the scope achievable within the funding allocated.

Estimated timeframe: completion by June 2022 in line with state government funding requirements.

Commencement: as soon as site masterplan (phase 1) is complete – from mid-2021 (subject to funding of stage 1). 

3    Phase 3 (unfunded)

a.   Detailed design of all site facilities including synthetic track and field components, football fields, lighting, drainage, recreation opportunities for community use, onsite parking, pedestrian connections – with facility input led by state sporting organisations in consultation with local athletics and football.

b.   Produce a business case to assist with funding submissions including capital and operational expenditure forecasts.

c.   Construction.

Estimated cost: unknown, however based on other recent RAC developments, estimated up to $10 million.

Estimated timeframe: 2-3 years

Commencement: when funding is available

Options:

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

1.   Adopt the recommendation and confirm the site selection of York Street Oval for the RAC, and to note the next steps.

2.   Amend the recommendation and undertake an alternative approach.

Option 1 is recommended as the suitable course of action.

Sustainability Assessment:

•     Environment

Environmental considerations have been detailed in the consultant’s report and supporting attachments. 

•     Social

Sports grounds are a valuable resource and are highly valued by the community partly because they provide a low cost recreation opportunity that is within the financial reach of a broad cross section of the community.

Participating in sport produces a range of benefits including improved physical fitness, enhanced mental health, skill development, increased self-esteem and opportunities for social networking. These benefits extend to not only players but officials and spectators, and provide opportunities to strengthen family units by encouraging families to spend time together.

•     Civic Leadership

The establishment of the proposed RAC works towards achieving the outcomes identified within the Coffs Harbour 2030 Community Strategic Plan and is directly connected to the themes "Places for Living” and “Looking after our Community”.

•     Economic – Broader Economic Implications

The RAC would have positive economic implications during the construction period and also in the long term through state and regional events that may provide positive economic benefits to Coffs Harbour’s tourism, accommodation and hospitality sectors.

It is noted that the site selection scope did not include a business case or any assessment of the economic implications.

Progressing the RAC at York Street Oval will also ensure minimise the risk of loss of existing events held at the Coffs Coast Sport and Leisure Park which already have a significant ongoing positive economic implication.

•     Economic - Delivery Program/Operational Plan Implications

The existing resolution of Council recognises the establishment of a RAC would presently be dependent on funding being provided by the State and/or Federal Governments, with the contribution of Council being the provision of land.

In terms of current funding:

Phase 1 (recommended for funding consideration at next quarterly budget review)

-     Site masterplan

Estimated cost $100,000

Phase 2 (funded)

-     Design and construct amenities and new public toilets

State government have confirmed that nearly $1.1m has been conditionally approved for the upgrade of athletics and football facilities at York Street Oval’ (Attachment 2).

Council have allocated $466,500 for new public toilets at York Street Oval.

Northern Storm Football have been successful in securing grants, including one from Council’s community capital infrastructure grant program, to deliver a new canteen.  This component is waiting for Council to confirm its intentions for the site.

Phase 3 (unfunded)

-     Detailed design of all site facilities

-     Produce a business case to secure funding

-     Construction

Estimated cost $10 million

In terms of the recommended $100,000 for the development of a site master plan, it must be noted that this is currently unfunded and will need to be considered at the next quarterly budget review.

Risk Analysis:

It is important that all stakeholders work together to ensure the best outcome possible for a Coffs Harbour regional centre. This includes a vision and design that will meet specifications to attract regional and state content, whilst benefiting school and community outcomes.

Consultation:

Significant consultation has taken place with a variety of sporting stakeholders. The RAC site selection process included an engagement period with the various stakeholders affected by the proposed sites investigated including national, state and local athletics, football, cricket, Oz tag, and touch football.

Athletics NSW and Little Athletics NSW were involved in further consultation with various stakeholders throughout and following the exhibition period. These state athletics stakeholders have re-emphasised specific athletics facility requirements and support for this facility within Coffs Harbour, and at the York Street Oval site specifically.

State and Federal government representatives have also expressed their support for the project.

Once the site is confirmed by Council, it will allow further engagement with all interested stakeholders, including the state and local representatives of athletics and football, to progress to the next steps.

Related Policy, Precedents and / or Statutory Requirements:

The Coffs Harbour Sports Facility Plan 2016 indicates York Street Oval as the future site for athletics.

Implementation Date / Priority:

If the York Street site is confirmed, engagement will continue with key stakeholders to progress the next steps as outlined above.

Conclusion:

Consistent with the Coffs Harbour Sports Facility Plan 2016, following the exhibition period and consideration of submissions received, York Street Oval is the recommended site for a RAC, providing the best interim and long term solution for athletics.  The site is supported by both Athletics NSW and Little Athletics NSW. Adoption of this location will allow Council to commence further engagement with relevant sports to progress to the next steps as outlined in the report.  In order to ensure that the committed funding of $1,566,500 is delivered in an integrated manner, it is recommended that Council allocate $100,000 for the preparation of a site master plan.

 


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SC20/78       Five Year Comprehensive Review of Coffs Harbour Local Environmental Plan 2013 and Planning Proposal - Five Year Comprehensive Review of Coffs Harbour LEP 2013 - Part 1 - Pre-Exhibition

Author:                        Team Leader Planning & Urban Design

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC20/78   Five Year Comprehensive Review of Coffs Harbour LEP 2013 - December 2020

ATT2  SC20/78   Planning Proposal - Five Year Comprehensive Review of Coffs Harbour LEP 2013 - Part 1 - Pre-Exhibition  

 

Executive Summary

Coffs Harbour Local Environmental Plan (LEP) 2013 came into force on 27 September 2013. Section 3.21 (1) of the Environmental Planning & Assessment Act (the Act) 1979 requires that councils undertake regular and periodic reviews of their local environmental plans to ensure they are up to date and consistent with changing requirements of the Act to the maximum extent possible.  Section 3.21 (2) of the Act requires that a comprehensive review occurs every 5 years. Regular housekeeping amendments of the LEP have been undertaken at various times over the last seven years, but this is its first comprehensive review. 

The NSW Department of Planning, Industry & Environment (DPIE) requires Council’s first comprehensive review to be completed by 30 December 2020. The purpose of this report is to present the completed comprehensive review to Council (Attachment 1) and to forward it to NSW DPIE to satisfy requirements of Section 3.21 (2) of the Act.  A planning proposal has been prepared to allow for some amendments identified in the comprehensive review to be progressed immediately (Attachment 2), with other identified matters requiring further work to be undertaken, which will therefore be dealt with in future reports to Council.

 

Recommendation:

That Council:

1.       Endorse the recommendations of the Five Year Comprehensive Review of Coffs Harbour Local Environmental Plan 2013 – December 2020 (Attachment 1) and forward it to NSW Department of Planning, Industry and Environment, to satisfy Section 3.21 (2) of the Environmental Planning and Assessment Act 1979.

2.       Endorse and forward a planning proposal (Attachment 2) for the Five Year Comprehensive Review of Coffs Harbour Local Environmental Plan 2013 – Part 1 to NSW Department of Planning, Industry and Environment for determination pursuant to Section 3.34 of the Environmental Planning and Assessment Act 1979.

3.       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 the Five Year Comprehensive Review of Coffs Harbour Local Environmental Plan 2013 – Part 1.

4.       Resolve to publicly exhibit a planning proposal for the Five Year Comprehensive Review of Coffs Harbour Local Environmental Plan 2013 – Part 1 following determination by NSW Department of Planning, Industry and Environment pursuant to Section 3.34 of the Environmental Planning and Assessment Act 1979.

5.       Note that a further report will be brought back to Council for consideration following public exhibition of the planning proposal for the Five Year Comprehensive Review of Coffs Harbour Local Environmental Plan 2013 – Part 1.

6.       Note that subsequent reports will be brought back to Council to progress remaining amendments identified in the Five Year Comprehensive Review of Coffs Harbour Local Environmental Plan 2013 – December 2020 (Attachment 1).

 

Report

Description of Item:

Coffs Harbour LEP 2013 came into force on 27 September 2013. This comprehensive review is essentially a performance review process which aims to identify any anomalies, inconsistencies and issues with the instrument and associated mapping that have arisen since 2013, so as to meet the requirements of Section 3.21 (2) of the Act. Undertaking this comprehensive LEP review also ensures that Coffs Harbour LEP 2013 aligns with recent amendments to the Act, the North Coast Regional Plan 2036 and other recently adopted strategic plans of Council including the Coffs Harbour Local Growth Management Strategy 2020, the Local Strategic Planning Statement 2020 and the Place and Movement Strategy Vision 2020. 

This report outlines the findings of the comprehensive review, which has identified a total of sixteen amendments to Coffs Harbour LEP 2013 (Attachment 1). A planning proposal has been prepared to allow for seven of the sixteen recommended amendments identified in the comprehensive review to be progressed immediately as the first round of amendments (Attachment 2). The planning proposal includes amendments relating to the aims and land use zone objectives of Coffs Harbour LEP 2013, changes to the permissibility of forestry and artisan food and drink industries, an amendment to the split lot clause and the erection of dwelling houses on land in certain rural and environmental land use zones clause, amendments to the earthworks and central business district clauses and the introduction of rural function centres as a new land use in appropriate rural zones.

The remaining nine identified amendments will require further work to be undertaken. These have not been included in the attached planning proposal. Subsequent planning proposals will be prepared to capture these remaining nine amendments, when resourcing becomes available to undertaken the required analysis to support such amendments.

Issues:

In 2018, the Act was updated.  It was the biggest overhaul of the Act since the legislations inception 41 years ago.  The NSW Government took a staged approach to its implementation, with most of the changes commencing on 1 March 2018.  One of the key mandates for the comprehensive review of Coffs Harbour LEP 2013 is to ensure that the objects of the updated Act are, having regard to such changing requirements as may be relevant, achieved to the maximum extent possible.  To further align the Coffs Harbour LEP 2013 with relevant new objects of the Act, an amendment of existing and addition of new aims are proposed to be undertaken through a housekeeping amendment process (Item 1, Attachment 1).

In 2016, the NSW Government released the North Coast Regional Plan 2036, a 20 year blueprint for the future of the North Coast.  Responsibility for implementing actions and monitoring the intended outcomes in the North Coast Regional Plan 2036 is shared with regional stakeholders, including councils, other State agencies, service providers and the development industry.  Part of Council’s role in the implementation of the North Coast Regional Plan 2036 involves a realignment of Council’s strategic plans and Coffs Harbour LEP 2013 to ensure effective delivery of the relevant directions of the regional plan. Matters identified in the five year comprehensive LEP review to better align Coffs Harbour LEP 2013 with the North Coast Regional Plan 2036 are as follows (references are as itemised in Attachment 1):

-     Clause 1.2 Aims of the Plan (Item 1),

-     Land Use Zone objectives (Item 3),

-     Permissible uses in Zone RU2 Rural Landscape (Items 4,5,6 and 28),

-     Clause 2.4 Unzoned land (Item 7),

-     Clause 4.1A Minimum subdivision lot sizes for certain split zones (Item 10),

-     Clause 4.2B Erection of dwelling houses in certain rural and environmental protection zones (Item 11),

-     Clause 4.2D Boundary Adjustments of land in certain zones (Item 12),

-     Part 7 Additional Local Provisions relating to environmentally sensitive land (Item 16),

-     Clause 7.2 Earthworks (Item 17),

-     Clause 7.13 Central business district (Item 18),

-     Clause 7.19 Development on key sites (Item 19)

-     Schedule 2 Exempt Development (Item 22), and

-     Schedule 3 Complying Development (Item 23).

At its Ordinary Meeting of 25 June 2020, Council endorsed the Coffs Harbour Local Strategic Planning Statement 2020.  It identifies 16 Planning Priorities in four themes to achieve Council's 20-year land use planning vision for the Local Government Area (LGA) to 2040 and was prepared in accordance with the Act and associated Regulations. This comprehensive LEP review and associated LEP amendments intend to capture and deliver on the vision and planning priorities of the Coffs Harbour Local Strategic Planning Statement 2020 through an update of the aims, land use zone objectives and provisions of the Coffs Harbour LEP 2013. In particular, the review seeks to assist the delivery and implementation of the compact city program, the place and movement strategy vision, the placemaking model and existing town and city centre masterplans (Items 2 and 4, Attachment 1).

At its Ordinary Meeting of 28 May 2020, Council endorsed the Coffs Harbour Place and Movement Strategy Vision. The vision aims to encourage all forms of transport, from walking and cycling to public transport to assist with reducing our car dependence and providing greater equity of mobility across our diverse community. It also recognises the importance of our growth patterns and street environments in creating walkable, twenty-minute neighbourhoods where we can ‘live locally’; provide better opportunity for more sustainable modes of transport and promote a more sustainable development footprint that complements our natural assets. This comprehensive LEP review and associated LEP amendments intend to capture and deliver on the vision through an update of the aims and land use zone objectives of the Coffs Harbour LEP 2013.  In particular, the review seeks to ensure that the updated Coffs Harbour LEP 2013 promotes active living and the creation of walkable neighbourhoods through the provision of healthy built environments, safer streets, greener connections and walking and cycling infrastructure (Items 2 and 4, Attachment 1).

Over the past two years, Council has progressively been rolling out its revised and updated Local Growth Management Strategy for the Coffs Harbour Local Government Area (LGA), to align with the North Coast Regional Plan 2036. The Coffs Harbour Local Growth Management Strategy 2020 consists of nine chapters, all of which have been adopted by Council in 2020. Eight chapters have already been partially or completely adopted by DPIE, with Chapter 7 Residential Lands awaiting approval (having been adopted by Council on 12 November 2020).  This comprehensive LEP review and associated LEP amendments seek to better align the aims of Coffs Harbour LEP 2013 and all of the Land Use Zone Objectives with the endorsed Chapters of the Coffs Harbour Local Growth Management Strategy 2020 (Items 2 and 4, Attachment 1).

This comprehensive LEP review and associated LEP amendments also seek to implement relevant “quick wins” and “short-term” high priority actions of the endorsed chapters of the Coffs Harbour Local Growth Management Strategy 2020 that necessitate minor amendments to the Coffs Harbour LEP 2013. A justification for the comprehensive LEP review and associated LEP amendments is provided in Attachment 1.  All the included recommended actions have already been approved by both Council and DPIE in the adoption of the various chapters of the Coffs Harbour Local Growth Management Strategy 2020.

High Priority Actions:

-      Amend Coffs Harbour LEP 2013 to include exempt provisions for “water storage facilities’ (dams) within Zone RU2 Rural Landscape.

-      Amend Coffs Harbour LEP 2013 to remove the need for consent for forestry within Zone RU2 Rural Landscape.

-      Amend Coffs Harbour LEP 2013 to make 'artisan food and drink industries' permissible with consent in appropriate rural zones.

-      Explore amendments to either State and local planning instruments to provide a new definition of 'rural function centres' or similar, so as to allow for appropriately scaled rural functions in appropriate rural zones.

-      Review and amend Council’s local planning controls that relate to environmental matters for development on land within rural zones and environmental zones (i.e. vegetation clearing, acid sulfate soils, steep land, water quality and groundwater.

-      Investigate a new local clause for inclusion in Coffs Harbour LEP 2013 to address boundary adjustment issues in rural zones.

-      Review permissible land uses within Zone R5 Large Lot Residential of Coffs Harbour LEP 2013 against the objectives of the zone. Amend Coffs Harbour LEP 2013 to prohibit land uses (other than Horticulture) that do not accord with the objectives of Zone R5 Large Lot Residential.

Medium Priority Actions:

-      Liaise with relevant stakeholders and review and amend Council’s planning controls to ensure that adequate controls are in place to minimise impacts on marine environments, water catchment areas and groundwater sources from development.

-      Review and amend (if required) Council’s planning controls to ensure that they reinforce centres as primary mixed use locations for commerce, housing, tourism, social activity and regional services.

-      Review and update (if necessary) Council's planning controls to ensure they offer opportunities for appropriate tourism developments in urban centres.

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 comprehensive review of Coffs Harbour LEP 2013 assessed the adequacy of current clauses in protecting environmentally sensitive areas from inappropriate development. It also involves consideration of the effectiveness of the LEP in the delivery of Objective 2.2 of the North Coast Regional Plan, which is to avoid impacts on marine environments, water catchment areas and groundwater sources.  Undertaking corresponding LEP amendments will ensure that Council’s environmental protection measures continue to be fit for purpose.

•     Social

A key objective of the comprehensive review of Coffs Harbour LEP 2013 is to ensure that the updated Coffs Harbour LEP 2013 better aligns with the revised objects of the Act, including promotion of the social and economic welfare of the community, delivery and maintenance of housing diversity, healthy built environments, active living and socially inclusive communities through the aims of the Coffs Harbour LEP 2013 and objects of relevant land use zones is required.  Proposed updates accord with Council’s MyCoffs Community Strategic Plan.

•     Civic Leadership

Council has continued to demonstrate civic leadership under Coffs Harbour LEP 2013. Accordingly, the comprehensive LEP review process aligns with the objectives and strategies of Council’s MyCoffs Community Strategic Plan.

•     Economic – Broader Economic Implications

Periodic reviews of the Coffs Harbour LEP 2013, including regular housekeeping reviews and this comprehensive review, ensure that identified issues with the local planning instrument are addressed in a timely manner.  Furthermore, ensuring that the LEP is as up to date as possible provides certainty for the development industry, which assists the local economy.

•     Economic - Delivery Program/Operational Plan Implications

This comprehensive review of Coffs Harbour LEP 2013 is being undertaken internally. Minor housekeeping amendments coming out of this review will be also undertaken internally and are unlikely to result in any impacts to Council’s Operational Plan or Delivery Program. 

Risk Analysis:

This comprehensive LEP 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:

All proposed amendments to Coffs Harbour LEP 2013 recommended in this comprehensive review (Attachment 1) will need to be undertaken by an LEP amendment process involving a planning proposal, for which a community engagement process will be undertaken in each instance, in accordance with consultation requirements of NSW DPIE. These are likely to require public exhibition for a minimum of 28 days.  At this stage, it is anticipated that consultation will be undertaken in accordance with Council’s Community Participation and Engagement Plan 2019, as follows:

LEP Amendment Process

Inform

Consult

Involve

Collaborate

Public Exhibition of Planning Proposals in accordance with DPIE Gateway determination

x

x

Agency and Stakeholder Consultation

x

x

Council Report on Public Consultation

x

x

Notification

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 recommendations of the five year comprehensive review of Coffs Harbour LEP 2013 (Attachment 1) will assist in addressing all of the top three priorities of the Coffs Harbour LGA as identified by Placescore. 

Related Policy, Precedents and / or Statutory Requirements:

Relevant Council policies and statutory requirements have been considered in this first comprehensive review of Coffs Harbour LEP 2013, to ensure that the LEP will align with recent amendments to the Act, the North Coast Regional Plan 2036 and other recently adopted strategic plans of Council including the Coffs Harbour Local Growth Management Strategy 2020, the Local Strategic Planning Statement 2020 and the Place and Movement Strategy Vision 2020. 

Implementation Date / Priority:

NSW DPIE requires Council’s first comprehensive review of Coffs Harbour LEP 2013 to be completed by 30 December 2020, in accordance with Section 3.21 (1) and (2) of the Act.  A planning proposal has been prepared to allow for some amendments identified in the comprehensive review to be progressed immediately (Attachment 2), with other identified matters requiring further work to be undertaken, which will therefore be dealt with in a future report to Council. A project timeline for the LEP amendments coming out of this review will be determined by NSW DPIE.  The timeline will be triggered once Council has obtained endorsement from NSW Planning, Industry and Environment for each planning proposal to proceed.

Conclusion:

Coffs Harbour LEP 2013 came into force on 27 September 2013. Section 3.21 (1) of the Environmental Planning & Assessment Act (the Act) 1979 requires that councils undertake regular and periodic reviews of their local environmental plans to ensure they are up to date and consistent with changing requirements of the Act to the maximum extent possible.  Section 3.21 (2) of the Act requires that a comprehensive review occurs every 5 years. Regular housekeeping amendments of the LEP have been undertaken at various times over the last seven years, but this is its first comprehensive review. 

DPIE requires Council’s first comprehensive review to be completed by 30 December 2020. The purpose of this report is to present the completed review to Council (Attachment 1) and to provide feedback to DPIE on its findings.  A planning proposal has been prepared to allow for some amendments identified in the comprehensive review to be progressed immediately (Attachment 2), with other identified matters requiring further work to be undertaken, which will therefore be dealt with in a future report to Council.

 


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SC20/79       Coffs Harbour Development Control Plan 2015 - Amendment No.18 (Housekeeping 5) - Post Exhibition

Author:                        Planner/Urban Designer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC20/79   Coffs Harbour Development Control Plan 2015 - Amendment No. 18 (Housekeeping 5)  

 

Executive Summary

Coffs Harbour Development Control Plan (DCP) 2015 came into force on 29 September 2015 and gives effect to Coffs Harbour Local Environmental Plan (LEP) 2013. To ensure that it remains up to date and facilitates positive growth outcomes for the Coffs Harbour Local Government Area (LGA), Council routinely undertakes housekeeping DCP reviews.

Council at its Ordinary Meeting of 10 September 2020, resolved to endorse and publicly exhibit draft Coffs Harbour DCP 2015 – Amendment No. 18 (Housekeeping 5). No public submissions were received during the exhibition period. Some internal staff feedback was received and has been incorporated when finalising the DCP amendment. The purpose of this report is to present the outcomes of the public exhibition process for the proposed DCP amendment and to seek approval from Council for the final Coffs Harbour DCP 2015 - Amendment No. 18 (Housekeeping 5) (Attachment 1).

 

Recommendation:

That Council approve Coffs Harbour Development Control Plan 2015 – Amendment No. 18 (Housekeeping 5) in accordance with Part 3 Division 3 of the Environmental Planning and Assessment Regulation 2000 (Attachment 1).

 

Report

Description of Item:

Coffs Harbour DCP 2015 came into force on 29 September 2015 and gives effect to Coffs Harbour LEP 2013. Regular housekeeping reviews of Coffs Harbour DCP 2015 are required to ensure that it remains up to date and facilitates high quality development and positive growth outcomes within the Coffs Harbour LGA.

Council at its Ordinary Meeting of 10 September 2020, considered a report on a fifth housekeeping review and associated amendments to Coffs Harbour DCP 2015 relating to subdivision and built form controls, environmental controls, general development controls and other miscellaneous housekeeping amendments. At that meeting, it was resolved that Council:

1.   Endorse and publicly exhibit draft Coffs Harbour Development Control Plan 2015 – Amendment No. 18 (Housekeeping 5) (Attachment 1) for a minimum period of 28 days.

2.   Consider a further report, outlining the outcomes of the public exhibition of draft Coffs Harbour Development Control Plan 2015 – Amendment No. 18 (Housekeeping 5).

Public exhibition of the draft DCP amendment was undertaken from 17 September to 15 October 2020 in accordance with Item 1 of that resolution. No public submissions were received during the exhibition period. Some internal staff feedback was received and has been incorporated when finalising the DCP amendment.

The purpose of this report is to present the outcomes of the public exhibition process for the proposed DCP amendment in accordance with Item 2 of this resolution and to seek approval from Council for the final Coffs Harbour DCP 2015 - Amendment No. 18 (Housekeeping 5) (Attachment 1).

Issues:

The proposed amendment to Coffs Harbour DCP 2015 includes updates to address minor anomalies and account for changes in Government policy and legislative changes. The housekeeping amendment is summarised as follows and is provided as Attachment 1:

1.   Subdivision and Built Form Controls

A number of amendments are proposed within Part C Subdivision Controls and Part D Built Form Controls of Coffs Harbour DCP 2015. These amendments relate to water sensitive urban design, road construction, waterways, infrastructure, accessibility, driveways and access handles. The amendments will provide greater clarity and safer outcomes; and will ensure that the DCP aligns with Australian Standards, Austroads, NSW Rural Fire Service requirements and other relevant guidelines.

2.   Environmental Controls

Amendments proposed to Part E Environmental Controls of Coffs Harbour DCP 2015 seek to address minor anomalies and provide greater clarity to the intent of existing requirements. The amendments include updates to Appendix 2 – Guideline for Preparing Vegetation Management Plans in relation to artificial hollow resources, and reporting and costing requirements for land to be dedicated to Council.

3.   General Development Controls

Amendments are proposed to Part F General Development Controls to address anomalies, improve access safety, align with Australian Standards and reference NSW Rural Fire Service requirements. The amendments also propose to introduce landscaping requirements in accordance with the Coffs Harbour Public Realm Urban Design Guidelines.

4.   Miscellaneous Housekeeping Amendments

Various miscellaneous amendments are proposed throughout Coffs Harbour DCP 2015. These amendments aim to update nomenclature, remove references to deferred matters (land that previously applied to Coffs Harbour LEP 2000) and to include new definitions (i.e. sensitive facility, early education and care facility).

5.   Post Exhibition Amendments

The DCP amendment has been modified post exhibition in response to internal staff feedback to address access requirements in Part C Subdivision Controls and provide greater clarity, particularly in relation to Council’s Technical Specifications. These amendments clarify terminology relating to intersections and road hierarchies; and clarify requirements in relation to access handles. A few minor grammatical amendments have also been made post exhibition.

Options:

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

1.   Resolve to adopt the recommendations of this report.

2.   Resolve to undertake an alternative approach.

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

Option 1 is recommended as the suitable course of action.

Sustainability Assessment:

•     Environment

The proposed amendment to Coffs Harbour DCP 2015 seeks to achieve positive environmental outcomes within the Coffs Harbour LGA and to ensure that development continues to be carried out in an environmentally sustainable manner.

•     Social

The proposed amendment to Coffs Harbour DCP 2015 is unlikely to result in any social impacts.

•     Civic Leadership

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

•     Economic – Broader Economic Implications

Regular housekeeping reviews of Coffs Harbour DCP 2015 aim to provide certainty within the development industry, which assists the local economy.

•     Economic - Delivery Program/Operational Plan Implications

Coffs Harbour DCP 2015 – Amendment No. 18 (Housekeeping 5) 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 housekeeping review process provides a mechanism to reduce risk to Council, stakeholders and the community. The amendment process is being undertaken in accordance with the relevant provisions of the Environmental Planning and Assessment Act 1979 and Regulation.

Consultation:

Coffs Harbour DCP 2015 – Amendment No. 18 (Housekeeping 5) was exhibited from 17 September to 15 October 2020 in accordance with Council’s Community Participation and Engagement Plan as demonstrated in the table below.

DCP Amendment Process

Inform

Consult

Involve

Collaborate

Public Exhibition

x

x

Council Report - Adoption

x

Notification of Council’s Decision

x

 

 

The draft DCP amendment was advertised on Council’s Newsroom (both in print and online) and on the public notices page of Council’s website. The housekeeping review process has also comprised internal consultation with stakeholders across the organisation. No public submissions were received during the exhibition period. Some internal staff feedback was received and has been incorporated when finalising the DCP amendment.

Placescore:

In early 2019, Council undertook extensive community consultation using the Place Score placemaking tool. The 2019 Place Score report was presented to Council on 11 April 2019. This report supports the community’s liveability improvement priorities identified by Place Score, including general condition of public open space and landscaping and natural elements.

Related Policy, Precedents and / or Statutory Requirements:

The proposed housekeeping amendment to Coffs Harbour DCP 2015 will be undertaken in accordance with the Environmental Planning and Assessment Act 1979 and associated Regulation. A number of other relevant policies and statutory documents have been considered in the preparation of the proposed amendments.

Implementation Date / Priority:

If adopted by Council, Coffs Harbour DCP 2015 – Amendment No. 18 (Housekeeping 5) will commence on the date that public notice of its approval is given, or on a later date specified in the notice.

Conclusion:

This report provides Council with the results of the public exhibition process for Council’s fifth housekeeping review of Coffs Harbour DCP 2015 and seeks Council’s approval of the final Coffs Harbour DCP 2015 – Amendment No. 18 (Housekeeping 5). The proposed amendment (Attachment 1) will ensure that Coffs Harbour DCP 2015 remains up to date and facilitates positive growth outcomes for the Coffs Harbour LGA.

 


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SC20/80       Coffs Harbour Public Realm Strategy Update

Author:                        Planner / Urban Designer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC20/80   Coffs Harbour Public Realm Strategy Background Paper  

 

Executive Summary

Council at its Ordinary Meeting of 22 June 2017, resolved to endorse the preparation of a Public Realm Strategy to update Council's existing Open Space Strategy and Street Tree Masterplan, as part of a more comprehensive strategy. The aim of the Public Realm Strategy is to provide a vision and direction for the entire public realm within the Coffs Harbour Local Government Area (LGA). The public realm includes all external spaces available for public use, not just green spaces, such as: streets, forecourts, squares, bicycle and pedestrian links and waterways.

The Public Realm Strategy will be utilised across Council to assist with the planning, design and management of the public realm, with the ultimate aim of developing a sense of place for public spaces throughout the entire Coffs Harbour LGA. The Strategy will also provide for a cohesive and legible public realm to ensure that public spaces within the LGA respond to increasing population and demographic change, and our changing lifestyles. This project commenced in January 2018 and is being undertaken in two stages.

The purpose of this report is to provide Council with an update on the first stage of the Public Realm Strategy project, which includes a Public Realm Strategy Background Paper (Attachment 1).

 

Recommendation:

That Council:

1.       Note the Public Realm Strategy Background Paper (Attachment 1).

2.       Note that the draft Public Realm Strategy will be brought to Council seeking endorsement for public exhibition in the near future.

 

Report

Description of Item:

Council at its Ordinary Meeting of 22 June 2017, endorsed the preparation of a Public Realm Strategy to update Council's existing Open Space Strategy and Street Tree Masterplan, as part of a more comprehensive strategy.

At that meeting, it was resolved that Council:

1.   Endorse sections 3.1 - 3.4 of the Project Plan

2.   Review the range of options available for resourcing the project components

3.   Receive a report detailing the options.

In accordance with items 2 and 3 of that resolution, a report was brought back to Council at its Ordinary Meeting of the 10 August 2017. The purpose of that report was to present options for resourcing the development of a Public Realm Strategy for Coffs Harbour.

At that meeting, it was resolved:

That Council note the commencement of Part 1 of the Coffs Harbour Public Realm Strategy (Attachment 1) which is being delivered primarily through consultant resourcing.

In response to item 1 of that resolution, Council engaged consultants to assist in the delivery of part one of the Public Realm Strategy in accordance with the endorsed project plan, comprising the strategic context for the LGA (characterisation of places/spaces, vision and direction, methodology, benchmarks, principles and recommended actions). The purpose of this report is to provide Council with an update on the first stage of the Public Realm Strategy project, which includes a Public Realm Strategy Background Paper (Attachment 1).

Issues:

Data Gaps and Legislative Changes

A variation to the scope of part one of the Public Realm Strategy was necessary to respond to legislative changes to the management of Crown land in NSW and the identification of significant data gaps relating to Council owned and managed land. Significant data validation has now been completed and a new land categorisation methodology has been developed to inform future classification and categorisation of land devolved to Council under the Crown land legislative reforms. The outcome of this variation is that Council now has a validated data set of public land within the Coffs Harbour LGA to inform a more accurate Public Realm Strategy and other projects delivered across the organisation.

Review of Coffs Harbour Street Tree Masterplan 1999

A review of the actions within the Coffs Harbour Street Tree Masterplan 1999 and achievements made to date, has identified a significant lack of achievement including the replacement and/or relocation of existing trees. Currently, there is no specific budget allocated for new and/or street tree replacement and street trees are only replaced where there is a concurrent capital works project at or near the same locality.

The lack of implementation of Council’s existing street tree masterplan demonstrates a need for significant ongoing investment in street tree planning, planting and maintenance into the future. Key recommendations within the Public Realm Strategy Background Paper include the need for Council to: identify priority planting zones; investigate the feasibility of an LGA-wide Contributions Plan for the planning and establishment of street trees; develop a street tree policy; and investigate the benefits of introducing tree canopy targets.

Review of Coffs Harbour City Council Open Space Strategy 2010

High level analysis of Council’s existing open space strategy, in conjunction with Placescore data, had identified the need for significant investment in public open space within the Coffs Harbour LGA, particularly within the Southern and Western Catchment areas. The main focus areas that have received the least investment since Council’s adoption of the strategy include: connectivity and linkages; cycleways; and street trees, revegetation, regeneration and conservation. Analysis of the existing strategy has identified an opportunity to capture unachieved actions within the Public Realm Strategy and within other relevant strategies currently being developed by Council, such as the Coffs Harbour Place and Movement Strategy.

Population Analysis

High level analysis of key demographic data and trends has been undertaken to assist Council in the identification of recreation and public space needs, priority areas and potential public realm projects. This work has involved the preparation of age structure data for four public realm catchment areas, which will replace the existing twelve planning precinct areas identified within Council’s existing open space strategy and the Coffs Harbour Sports Facility Plan 2016.

At an LGA level, the population analysis indicates that the recreation and public space needs of the over 60’s should be a key consideration in the Public Realm Strategy. It also indicates that further validation of public realm assets is required in areas with high numbers of families with young children including Coffs Harbour, Boambee East and Toormina. At a catchment level, the analysis indicates that further validation is required in relation to the need for additional local play opportunities for the very young and primary school aged children in the Northern Catchment; diversification of recreational opportunities in the Central Catchment; fitness spaces and trail and path-based recreational opportunities for the older cohort of the Southern Catchment; additional active recreation opportunities for older children and youth in the Southern Catchment; and older children’s activity and youth recreation spaces in the Western Catchment.

Recreation and Open Space Benchmarks and Provision

A key task of the Public Realm Strategy Background Paper was to identify quality benchmarks for each open space function and purpose. The NSW Government Architect Greener Spaces Framework has been utilised as best practice to assist in the development of preliminary public realm benchmarks. These benchmarks will be validated to inform the draft Public Realm Strategy. Preliminary benchmark analysis has identified a number of opportunities that will need to be further validated in conjunction with additional ‘PedShed’ analysis (PedShed is an analysis technique to assess the walkability of a neighbourhood), the community’s priorities, placescore outcomes and key recreational trends to identify priorities for capture within the Public Realm Strategy.

Land Categorisation Methodology

During the development of the Public Realm Strategy Background Paper, the inadequacy of the current classification and categorisation process applicable to Council managed land and the outdated nature of the generic plans of management land was identified. In addition, the initial categorisation approach taken by the NSW Department of Planning, Industry and Environment is not appropriate for a number of Council owned reserves recently devolved to Council for management under the Local Government Act 1993. To address this, a new land categorisation methodology has been developed (in consultation with and input from a multi-disciplinary internal project team) to assist in future classification and categorisation of Council managed land and preparation of plans of management (Appendix A of Attachment 1).

Public Realm Urban Design Guidelines

At its Ordinary Meeting of 22 June 2017, Council endorsed the Project Plan for the Coffs Harbour Public Realm Strategy. This included the preparation of ‘universal standards’ across the LGA in Part 1 of the project. These ‘universal standards,’ which are now referred to as the Public Realm Urban Design Guidelines, have been developed and are currently being implemented by the organisation.

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 Public Realm Strategy Background Paper identifies a set of guiding principles that will influence the direction of the Public Realm Strategy. The principle ‘Going Green; Planning and Designing for Resilience’ outlines a suite of directions to facilitate protection and enhancement of natural assets and ecosystems within the Coffs Harbour LGA. The recommendations within the Public Realm Strategy Background Paper also include the need to identify priority actions within adopted Coastal Management Programs that seek to improve urban habitats, bushland and waterway connections; and the need to formalise a bush regeneration strategy for the Coffs Harbour LGA to guide priorities and resources on Council managed land. The recommendations within the background paper will be taken into consideration in finalising the Public Realm Strategy.

•     Social

Development of a Public Realm Strategy for the Coffs Harbour LGA will ensure that the broad strategic goals of both Council and the community relating to the public realm are realised. This Background Paper supports the MyCoffs strategic vision for a Connected, Sustainable and Thriving community and provides a direction for the public realm, setting a foundation that will assist in the delivery of a cohesive and legible public realm that responds to population, demographic and lifestyle change. Extensive stakeholder consultation and engagement will occur in the preparation of the Public Realm Strategy as part of the detailed analysis of places around the LGA.

•     Civic Leadership

A public realm strategy for the Coffs Harbour LGA will significantly improve the quality of the public realm for the community and will assist in achieving the vision of the MyCoffs Community Strategic Plan 'connected, sustainable and thriving' through public realm related initiatives. The strategy will broadly address a large range of MyCoffs objectives including A2.1 (We support our community to lead healthy active lives), A2.4 (We cultivate a safe community); C2.2 (We use resources responsibly to support a safe and stable climate); B1.2 (We attract people to work, live and visit in the Coffs Harbour LGA); C1.1 (We create liveable spaces that are beautiful and appealing; D2.1 (We effectively manage the planning and provision of regional public services and infrastructure).

•     Economic – Broader Economic Implications

The Public Realm Strategy will provide the necessary framework for Council to integrate and coordinate various departments and disciplines within the organisation which relate to the public realm. An integrated approach will provide for a much more effective and efficient delivery of high quality public realm outcomes.

•     Economic - Delivery Program/Operational Plan Implications

There is sufficient funding within the 2020/21 Operational Plan to develop the Coffs Harbour Public Realm Strategy.

Risk Analysis:

Extensive community engagement will be undertaken as part of stage two of the project (i.e. finalising a draft Public Realm Strategy). The engagement process will be designed to examine how the community currently use their network of open space and what changes they would like to see. This consultation will be catchment-based with an additional focus on older children, youth, over 65’s and marginalised groups. The draft Public Realm Strategy will be also placed on public exhibition prior to its final adoption by Council, thereby providing additional opportunity for stakeholder and community engagement and thus reducing Council’s risk.

Consultation:

Extensive internal consultation has been undertaken to inform the Public Realm Strategy Background Paper and supporting Public Realm Urban Design Guidelines. Extensive community engagement will also be undertaken to inform the finalisation of a draft Public Realm Strategy in accordance with Council’s Community Participation and Engagement Plan 2019.

 

Project Stage

Inform

Consult

Involve

Collaborate

Public Realm Strategy Background Paper

x

 

Public Realm Strategy Urban Design Guidelines

x

 

Placescore Liveability priorities survey (2019)

x

x

Community Engagement to inform draft Public Realm Strategy

x

x

x

 

Internal staff review of draft Public Realm Strategy

x

x

 

 

Formal exhibition of draft Public Realm Strategy

x

x

 

 

Finalisation of Public Realm Strategy

x

 

 

Post Adoption Notification

x

 

 

 

Related Policy, Precedents and / or Statutory Requirements:

There are no statutory requirements in relation to preparing a Public Realm Strategy, apart from legislative requirements associated with the management of certain land tenures under the Local Government Act 1993, the Crown Land Management Act 2016 and the National Parks and Wildlife Act 1974. Once completed, the Public Realm Strategy will inform future amendments to Council’s statutory planning framework and the preparation or review of other relevant plans and strategies such as Council’s Sports Facility Plan; masterplans; plans of management; Companion Animals Management Plan; Public Art Strategy; Place and Movement Strategy, Contributions Plans; Development Specifications; and other relevant Council policies and guidelines.

Implementation Date / Priority:

The purpose of this report is to provide Council with an update in relation to the preparation of a Public Realm Strategy for the Coffs Harbour LGA by way of a background paper. The next stage of the project is to prepare the Public Realm Strategy, taking into consideration the findings and recommendations of the Public Realm Strategy Background Paper. This work is expected to commence shortly, with an estimated completion date of June 2021.

Conclusion:

The purpose of this report is to provide Council with an update on the first stage of the Public Realm Strategy project, which includes a Public Realm Strategy Background Paper (Attachment 1). The background paper will be used to inform the development of a draft Public Realm Strategy for consultation with the community, with an ultimate aim to provide for a cohesive and legible public realm to ensure that public spaces within the LGA respond to increasing population and demographic change, and our changing lifestyles.

 


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SC20/81       Achievements of the Flood Mitigation and Drainage Special Rate Variation

Author:                        Team Leader Biodiversity, Coastal & Flooding

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC20/81   Five Year Flood Planning and Mitigation Program  

 

Executive Summary

The 10 year Flood and Drainage Special Rate Variation (SRV) concluded on 30 June 2020. The SRV contributed to significant flood mitigation works such as the construction of the four detention basins in west Coffs Harbour. The SRV was used to leverage grants which resulted in more being achieved than was originally anticipated. Regardless, ongoing flood mitigation works and planning is required should Council want to continue to reduce the risk from flooding events.

 

Recommendation:

That Council:

1.       Note the conclusion of the Flood and Drainage Special Rate Variation.

2.       Note that a future report will be prepared detailing funding options for future flood mitigation works.

 

Report

Description of Item:

Up to 40% of the Coffs Harbour Local Government Area (LGA) is designated as flood prone. This means that flooding is a high risk constraint that requires careful, and ongoing, planning and mitigation.  The most recent severe floods occurred in 1996 and in 2009 and resulted in loss of life, and a damage bill in excess of $30 million.

As a result of the 2009 floods, a report to Council identified a major program of drainage and flood mitigation works to minimise the effects of any future flooding events on the community. The value of these projects was estimated at $18 million.

At the Ordinary meeting of Council on 11 March 2010, a report was presented seeking a commitment to apply for a Flood and Drainage Special Rate Variation (SRV) for 2010/11 to assist in funding necessary flood mitigation and drainage works. The recommendation to apply for the Flood SRV was endorsed and the Minister of Local Government approved a one-off 4.4% percentage increase on top of the announced 2.6% rate pegging limit for a 10 year period concluding on 30 June 2020.

Council also resolved to take out two $6 million loans, one repaid from Council’s existing, and ongoing, Stormwater Levy Surcharge and the other serviced by the SRV, to allow capital works to start immediately and not have to wait until the SRV and Stormwater Levy Surcharge accumulated enough funds. At its conclusion, the SRV was generating $1.7 million annually. 

The SRV was used to leverage grants such as those received for the construction of the four flood detention basins in west Coffs Harbour that were proposed in the report to Council in 2010. The success rate achieved via grants meant that more was achieved via the SRV than originally anticipated. In addition to the four detention basins in west Coffs Harbour, for which the SRV contributed $4.6 million and grants were received for $5.7 million, the SRV also undertook close to $4 million worth of drainage improvements. This includes $1.25 million for stormwater augmentation works at Fiddaman Road, and $850,000 for drainage works for the Newports Creek catchment, centred at the Stadium Drive Sports Hub, which is currently under construction.

The Stormwater Levy Surcharge has been, and will continue to be, a valuable source of funds to undertake flooding and drainage works. Since 2010, the Stormwater Levy Surcharge has funded drainage and stormwater improvement works costing over $6 million.

Many other less expensive, but still critical projects, were also funded from the SRV and Stormwater Levy Surcharge including creek bank stabilisation works, the Coffs Harbour flood warning system, and floodplain studies and plans crucial for flood planning, again many of these works received grant funding.

Work continues to reduce the flood risk to the Coffs Harbour community with updates to the flood prone land mapping and additional capital projects such as the construction of the North Boambee detention basin that, should the grant be successful, are programmed to commence in 2021 and cost over $4 million.

Works are prioritised based on the process overseen by the NSW Floodplain Development Manual with input from the Floodplain Risk Management Committee which includes representatives from Council, the State Emergency Service (SES), the Department of Planning, Industry and the Environment (DPIE) flood management staff and the community.

The process is reiterative, that is as catchments change, such as through development and mitigation works, the modelling and plans require updating to ensure decisions are made on the best available science.  This must also be balanced against the undertaking of studies in catchments with little or no data that currently have lower levels of development and flood risk, but where future development pressure is expected, and also against available resources.

Regardless, ongoing flood mitigation works and planning are required should Council want to continue to reduce the risk to the community.  The current flood mitigation program (Attachment 1) identifies works to the value of approximately $16.5 million over the next five years. It is anticipated that there will be $1.3 million left in the flood mitigation reserve as at 30 June 2021 with the reserve fully spent by 30 June 2022. Most of these projects will be eligible for funding from the NSW Government of up to two thirds of the project cost meaning that $5.5 million is required to meet the needs of the flood planning and mitigation program over the next 5 years (commencing 1 July 2021), representing a shortfall of $4.2 million.

Following the full expenditure of the flood mitigation reserve, the Stormwater Levy remains the only available funding source for flooding and drainage works.  The levy raises $717,000 annually (plus CPI) of which $297,000 is required to meet loan commitments. This leaves an annual amount of $420,000 available for works.

Work is currently underway to review options to fund the future flood mitigation program. Options to consider include a new SRV, a loan, or funding by general revenue with actions prioritised alongside all other asset classes. This will be the subject of a future report however should a new SRV be investigated, it is not anticipated that this will occur until the 2023/24 financial year.

Developer Contributions are also routinely explored to determine the suitability for funding flood mitigation works. While this continues to be a minor source of funding, many of the areas subject to flood mitigation do not have the required scale of development necessary to make a sizable financial contribution.

Issues:

The conclusion of the Flood and Drainage Special Rate Variation means that, should Council wish to continue the program, new funding sources are required to be identified to continue important flood mitigation works. This will be the subject of a future report.

Options:

1.    Adopt the recommendations provided to Council.

2.    Amend the recommendations provided to Council.

3.    Reject the recommendations provided to Council.

Sustainability Assessment:

•     Environment

There are no environmental implications relating to reviewing funding options for the flood planning and mitigation program. 

•     Social

The community continues to demand the funding and completion of works to address flooding issues in the local government area with the reduction of impacts from storm events having a positive social effect on the community.

•     Civic Leadership

Communities typically become more aware of the risk of flooding following a large flood event with the most recent major floods being 1996 and 2009. With the most recent severe flood being more than 10 years ago, it is up to Council to ensure that complacency doesn’t replace the significant gains in flood planning and mitigation achieved over the last decade.

•     Economic – Broader Economic Implications

Council needs to determine future funding options against the financial resources of Council and its ratepayers, which also needs to be balanced against the financial impact that occurs from flooding events. 

•     Economic - Delivery Program/Operational Plan Implications

There are no impacts to the Delivery Program and Operational Plan by reviewing flood mitigation funding options. Once a decision is reached regarding future funding sources, this will become a key strategy in Council’s future Delivery Program and Operational Plans.

Risk Analysis:

Flooding is a high risk constraint within the Coffs Harbour LGA. It is Council’s duty to minimise flood risk to the community as per the NSW Flood Prone Land Policy. The primary objective of the policy is to reduce the impact of flooding and flood liability on individual owners and occupiers of flood prone property, and to reduce private and public losses resulting from floods. While it is unlikely that all options from floodplain management plans will be implemented, an implementation strategy is required to stage the components depending on funding availability and to achieve best value for council and the community.

Consultation:

Consultation with the community was undertaken as part of obtaining the original SRV.  If Council wanted to apply for a new SRV, then an extensive consultation program would be required in accordance with the Office of Local Government’s guidelines.

Consultation has been, and will continue to be, undertaken in accordance with Council’s Community Participation and Engagement Plan 2019, as follows:

Project Stage

Inform

Consult

Involve

Collaborate

Notify Council that the Flood and Drainage SRV has concluded.

X

 

 

 

Determine if a future SRV is warranted.

 

X

 

 

Placescore

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

Continuing the flood mitigation program assists in facilitating measures for quality built form and public realm outcomes in accordance with community aspirations.

Related Policy, Precedents and / or Statutory Requirements:

The Special Rate Variation was approved under Section 508 of the Local Government Act 1993. Any new applications must be completed in accordance with the Office of Local Government’s guidelines.

Implementation Date / Priority:

The existing Flood and Drainage Special Rate Variation concluded on 30 June 2020. Work has now commenced to review options to fund future flood mitigation works. Options to consider include a new SRV, a loan, or funding by general revenue.  This will be the subject of a future report.

Conclusion:

The Flood and Drainage Special Rate Variation has made a significant contribution to improving flood mitigation in the Coffs Harbour LGA. Risk and damage estimates have been reduced and the LGA is better placed to recover from future flooding events. Regardless, many areas remain at risk and as a community we should not become complacent and view the works as being finished or think that Coffs Harbour has been flood proofed. Future investment is required to continue to reduce the risk from flooding to the community.

 


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SC20/82       Request for Review - Development Application No. 0725/20 - Demolition of Existing Dwelling and Construction of New Dwelling - Lot A DP 416682, 19 Jarrett Street, Coffs Harbour

Author:                        Development Assessment Coordinator

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC20/82   Development Application No. 0725/20 - S4.15 Evaluation Report

ATT2  SC20/82   Development Application No. 0725/20 - Plans

ATT3  SC20/82   Development Application No. 0725/20 - Draft Conditions

ATT4  SC20/82   CONFIDENTIAL Development Application No. 0725/20 - Submission

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

ATT5  SC20/82   Development Application No. 0725/20 - SC20/53 Report to Council 10 September 2020

ATT6  SC20/82   CONFIDENTIAL Development Application No. 0725/20 - SC20/53 Report to Council 10 September 2020 - Confidential Attachments   

        

 

 

Executive Summary

At Council’s meeting of 10 September 2020, Council resolved that Development Application No. 0725/20 for demolition of existing dwelling and construction of new dwelling at Lot A DP 416682, 19 Jarrett St, Coffs Harbour be refused.

On 12 October 2020, Council received a request for a review of the determination under Section 8.2 of the Environmental Planning and Assessment Act 1979 (EP&A Act) from the applicant. 

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

The request for review and amended proposal was notified, as required by the Environmental Planning and Assessment Regulation 2000. One (1) submission was received.

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

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

 

Recommendation:

That Council:

1.       Undertake a review of determination of Development Application No. 0725/20 in accordance with Section 8.2 of the Environmental Planning and Assessment Act 1979.

2.       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.

3.       Approve Development Application No. 0725/20 for demolition of existing dwelling and construction of new dwelling at Lot A DP 416682, 19 Jarrett St, Coffs Harbour.

4.       Advise persons who made a submission to the request for review of Councils decision.

 

REPORT:

Applicant:

Reiner Schimminger

Landowner:

Michelle Smith

Land:

Lot A DP  416682, 19 Jarret St Coffs Harbour

Zone:

R3 Medium Density Residential

Description:

Demolition of existing Dwelling and construction of new Dwelling

Description of Item:

Development Application No. 0725/20 was reported to Council on 10 September 2020.  At that meeting, Council resolved as follows:

That Council:

1.       Not 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.       Refuse Development Application No. 0725/20 for demolition of an existing dwelling and construction of a new dwelling at Lot A DP 416682, No.19 Jarrett Street, Coffs Harbour as the development exceeds the height limits of the DCP.

3.       Advise those persons who made a submission to Development Application No. 0725/20 of Councils determination.

On 12 October 2020, Council received a request for a review of the determination of this application under Section 8.2 of the Environmental Planning and Assessment Act 1979 (EP&A Act) from the applicant. 

The request for review amended the proposal by:

-     Lowering the floor to ceiling height from garage/entry to upper floor by 100mm.

-     Lowering the floor level of ground floor garage and entry by 140mm.

-     Lowering the pitch line of the roof from 2800mm to 2660mm.

-     Lowering the roof pitch by 140mm (i.e. from 8 degrees to 7 degrees).

The combined effect of the changes has resulted in an overall reduction in the height of the proposed dwelling by 550mm. The maximum height of the building is now proposed to be 7.8m which exceeds the 5.4m height limit.

The request for review includes an amended Clause 4.6 Request for Variation to the height limit.

A full copy of the Council report and all attachments when this application was originally considered by Council on 10 September 2020, is provided as Attachment 5 and 6 to this report.

Issues:

The applicant has requested that the determination made by Council at its meeting of 10 September 2020 be reviewed, pursuant to Section 8.2 of the EP&A Act. The applicant has provided an amended development proposal with their request for review.

While the request for review involves amendments to the development which reduce the height of the building, no additional assessment issues have been identified.

The original report identified the following assessment issues:

-     height of the proposed dwelling and consequential variation to the 5.4m height limit,

-     impact of the proposed dwelling on existing views from an adjoining property.

The amendments to the proposed dwelling reduce the height of the building by 550mm, resulting in an improved outcome for the adjoining property, which overlooks the development site. 

All of these issues are addressed further in the S 4.15 Evaluation Report provided as Attachment 1 to this report.

Options:

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

2.   Refuse the application and list reasons for refusal.

Sustainability Assessment:

•     Environment

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

•     Social

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

•     Civic Leadership

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

•     Economic – Broader Economic Implications

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

•     Economic - Delivery Program/Operational Plan Implications

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

Risk Analysis:

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

Consultation:

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

This request and development proposal was notified with a submission period from 22 October to 5 November 2020. One (1) submission objecting to the review of determination was received.

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

Related Policy, Precedents and / or Statutory Requirements:

Statutory Requirements for Reviews under Environmental Planning and Assessment Act 1979

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

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

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

-     the period in which a review may be made.

Division 8.2 also provides that:

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

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

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

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

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

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

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

-    Environmental Planning and Assessment Act 1979

-    Environmental Planning and Assessment Regulation 2000

-    State Environmental Planning Policy (Coastal Management) 2018

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

-    Coffs Harbour Local Environmental Plan 2013

-    Coffs Harbour Development Control Plan 2015

Implementation Date / Priority:

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

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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