Ordinary Council Meeting Minutes                                               10 December 2020

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MINUTES

coffs harbour CITY cOUNCIL
Ordinary Council Meeting
Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour
ON Thursday, 10 December 2020 AT 5.00pm

 

PRESENT:              Cr Denise Knight, Cr Michael Adendorff, Cr Paul Amos, Cr John Arkan, Cr George Cecato, Cr Keith Rhoades, Cr Tegan Swan, Cr Sally Townley

STAFF:                    General Manager, Director Sustainable Infrastructure, Director Sustainable Communities, Director Business Services and Executive Assistant

 

Leave of Absence       Nil

Opening of Ordinary Meeting

The meeting commenced at 5.00pm with the Mayor, Cr D Knight in the chair.

Acknowledgement of Country

We respectfully acknowledge the traditional custodians of the land on which we meet, the Gumbaynggirr people, who have cared for this land since time immemorial. We pay our respects to their Elders, past, present and emerging, and commit ourselves to a future with reconciliation and renewal at its heart.

Statement in relation to Recording of Meetings

The Mayor reminded the Chamber that the meeting was to be recorded and live audio streamed, and that no other recordings of the meeting would be permitted.

Public forum

Public forum commenced at 4:00pm due to the length of the agenda and number of speakers. A list of speakers who presented prior to the meeting is attached (Attachment 1).

The Mayor advised that the procedure for the Public Forum has now changed. Due to the current COVID-19 pandemic situation, speakers were given the option of providing a written statement which will be read to the meeting by a Director or addressing Council in person, following necessary social distancing protocols.

Speaker

Item

Cr Amos declared an interest in the agenda item being addressed in the following public forum and vacated the Chamber, the time being 5.02pm.

Michelle Smith

For 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

Reiner Schimminger

For 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

John Widdowson

WITHDRAWN

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

Cr Amos returned to the meeting, the time being 5.15pm.

Jim Booth

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

Steve Gooley

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

 

Crs Rhoades and Adendorff left the meeting, the time being 5.39pm.

 

Disclosure of Interest

Councillor

Items

Type of Interest

Cr Paul Amos

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

Pecuniary interest as he is a director of a company that supplies cement to various concrete plants.

Cr Paul Amos

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

Non-Pecuniary - Significant Conflict as he has close and regular contact with both applicants and objectors.

Cr George Cecato

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

Non-Pecuniary - Less Than Significant Conflict as grandson plays for Northern Storm.

Cr Rhoades and Adendorff returned to the meeting, the time being 5.41pm.

Cr George Cecato

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

Non-Pecuniary - Less Than Significant Conflict as he was a panel member at the Northern Regional Planning Panel.

Cr George Cecato

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

Non-Pecuniary - Less Than Significant Conflict as he is a member of the Northern Regional Planning Panel.

Cr Knight

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

Non-Pecuniary – Less Than Significant Conflict as she is an acquaintance of one of the applicants.

 

Apologies

No apologies.

 

REQUESTS FOR LEAVE OF ABSENCE

No requests for leave of absence.

 

Confirmation of Minutes

2020/282

Resolved (Cr George Cecato / Cr Michael Adendorff)

That the minutes of the Ordinary Meeting held on 26 November 2020 be confirmed.

 

The Motion on being put to the meeting was carried unanimously.

Carried

 

 

 

Motion

2020/283

Resolved (Cr Michael Adendorff / Cr George Cecato)

That the minutes of the Extraordinary Meeting held on 2 December 2020 be confirmed.

 

The Motion on being put to the meeting was carried unanimously.

Carried

GENERAL MANAGER’S REPORTS

 

GM20/37         Local Government Election 2021 - Full Attendance Voting

 

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.

2020/284

Resolved (Cr Tegan Swan / Cr George Cecato)

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

 

The Motion on being put to the meeting was carried unanimously.

Carried

 

 

 

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

 

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.

2020/285

Resolved (Cr Sally Townley / Cr Tegan Swan)

That Council:

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

2.         Receive a presentation of the Development Assessment Service Delivery Strategy, including a summary of the Development Assessment Service Delivery and Operations Report to Councillors in early 2021.

 

Cr Cecato gave notice of a foreshadowed motion.

 

For:         Crs Knight, Adendorff, Amos, Arkan, Rhoades, Swan and Townley

Against:  Cr Cecato

 

Carried

The Motion was carried, therefore the Foreshadowed Motion lapsed and was not considered.

 

FORESHADOWED Motion

 

(Cr George Cecato

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

$250 per hour plus GST

$250 per hour plus GST

Expert panel members

$250 per hour plus GST

$250 per hour plus GST

Community representative

$250 per hour plus GST

$250 per hour plus GST

 

 

 

directorate reports – sustainable communities

 

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

 

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.

2020/286

Resolved (Cr Keith Rhoades / Cr John Arkan)

That SC20/77 be deferred until a workshop can be held in early 2021 involving Councillors, relevant staff and all users of York Street Oval, Bruce Barnier Oval, Coffs Coast Sport and Leisure Precinct (including Advocate Park) and the proposed Moonee Sporting Precinct.

 

The Motion on being put to the meeting was carried unanimously.

Carried

 

 

 

Cr Amos declared an interest in the following item, vacated the chamber and took no part in the discussion or voting, the time being 6.17pm.

 

 

 

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

 

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.

2020/287

Resolved (Cr George Cecato / Cr Michael Adendorff)

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.

 

The Motion on being put to the meeting was carried unanimously.

Carried

Cr Amos returned to the meeting, the time being 6.24pm.

 

 

 

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

 

Executive Summary

This report provides an assessment of Development Application No. 0564/20 for a plant nursey, landscaping material supplies and cafe at 16 Wakelands Road, Sapphire Beach.

This development application was presented to Council for determination on 27 August 2020. At that meeting, Council resolved as follows:

Defer consideration of Development Application No. 0564/20 for a plant nursery, landscaping material supplies and cafe at Lot 17 DP 1141168, 16 Wakelands Road, Sapphire Beach pending Council (in liaison with the RMS and Traffic Committee) completing a comprehensive investigation into the feasibility of using Solitary Islands Way as the primary access for the site. This investigation is to be reported back to Council and is to include a comparison of all alternatives together with actual and projected traffic volumes.

Council staff have investigated further access options and a report is provided on their investigations.  A copy of this report is provided as Attachment 5.

2020/288

Resolved (Cr George Cecato / Cr Michael Adendorff)

That Council:

1.         Approve Development Application No. 0564/20 for a plant nursery, landscaping material supplies and cafe at Lot 17 DP 1141168, 16 Wakelands Road, Sapphire Beach subject to the conditions in Attachment 3.

2.         Advise persons who made a submission on Development Application No.0564/20 of Council’s decision.

 

Cr Townley gave notice of a foreshadowed motion.

 

Cr Swan gave notice of a foreshadowed motion

 

For:         Crs Knight, Adendorff, Amos, Cecato and Rhoades

Against:  Crs Arkan, Swan and Townley

Carried

The Motion was carried, therefore the Foreshadowed Motions lapsed and were not considered

 

FORESHADOWED MOTION

 

(Cr Sally Townley

That Council:

1.         Refuse Development Application No. 0564/20 for a plant nursery, landscaping material supplies and cafe at Lot 17 DP 1141168, 16 Wakelands Road, Sapphire Beach due to unacceptable traffic safety impacts.

2.         Advise persons who made a submission on Development Application No.0564/20 of Council’s decision.

 

FORESHADOWED MOTION

 

(Cr Tegan Swan

That Council defer determination of Development Application No. 0564/20 for a plant nursery, landscaping material supplies and cafe at Lot 17 DP 1141168, 16 Wakelands Road, Sapphire Beach pending consideration by the Traffic Committee of a speed reduction for that portion of Solitary Islands Way and further investigation of access to the site via Solitary Islands Way, including consideration of internal vehicle movements regarding retail and wholesale elements of the development.

 

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

 

Executive Summary

This report provides an assessment of Development Application No. 0418/21 for seniors housing (57 self-contained dwellings) at Lot 4 DP 1263001, 41 York Street, Coffs Harbour.

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

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

-     Significant public interest and community input;

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

-     Significant land use; and

-     Major environmental issues.

The development application is reported to Council for determination because it proposes to vary a development standard in the Local Environmental Plan by more than 10% and has received significant public interest and community input following public advertising and public notification (119 submissions).

2020/289

Resolved (Cr George Cecato / Cr Keith Rhoades)

That Council:

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

2.         Approve Development Application No. 0418/21 for seniors housing (57 self-contained dwellings) at Lot 4 DP 1263001, 41 York Street Coffs Harbour subject to the conditions in Attachment 3.

3.         Advise persons who made a submission on Development Application No. 0418/21 of Council’s decision.

 

The Motion on being put to the meeting was carried unanimously.

Carried

 

 

The meeting adjourned for a short recess, the time being 7.24pm and reconvened at 7.33pm.

 

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

 

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.

2020/290

Resolved (Cr John Arkan / Cr Sally Townley)

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.

 

The Motion on being put to the meeting was carried unanimously.

Carried

 

 

 

GM20/36         2020 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.

2020/291

Resolved (Cr Tegan Swan / Cr John Arkan)

That Council note the 2020 Code of Conduct Complaints report.

 

The Motion on being put to the meeting was carried unanimously.

Carried

 

Directorate Reports - Business Services

 

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.

2020/292

Resolved (Cr George Cecato / Cr Michael Adendorff)

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

 

The Motion on being put to the meeting was carried unanimously.

Carried

 

 

 

BS20/73          Proponent Led Planning Proposal - Request to Amend Local Environmental Plan 2013 - 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.

2020/293

Resolved (Cr George Cecato / Cr Michael Adendorff)

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).

 

For:         Crs Knight, Adendorff, Cecato, Rhoades and Swan

Against:  Crs Amos, Arkan and Townley

Carried

 

 

 

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

 

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.

2020/294

Resolved (Cr George Cecato / Cr Michael Adendorff)

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.

 

For:         Crs Knight, Adendorff, Arkan, Cecato, Rhoades and Swan

Against:  Crs Amos and Townley

Carried

 

 

Cr Amos declared an interest in the following item, vacated the chamber and took no part in the discussion or voting, the time being 8.10pm.

 

 

 

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

 

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.

2020/295

Resolved (Cr Keith Rhoades / Cr George Cecato)

That Council:

1.         In accordance with clause 178(1)(a) of the Local Government (General) Regulation 2005, accepts onto panel contract RPT-1334-TO, the five proponents;

-         Boral Resources NSW Pty Ltd

-         RW & CA Hall Trading As Coffs Harbour Mini Mix

-         Hanson Sydney

-         High Quality Concrete Pty Ltd

-         Holcim (Australia) Pty Ltd

This recommendation is made on the basis that:

1.1.     The tender offers are acceptable following the application of Regional Procurement Initiative’s Tender Value Selection System; and

1.2.     By contracting with all five proponents, Council maximizes competitive price tension over the contract life and mitigates the risk of service failure by any one proponent.

2.         Note that provision is allowed for one additional 12-month extension of term option based on satisfactory supplier performance, which may take this Contract through to 31 December 2023.

 

The Motion on being put to the meeting was carried unanimously.

Carried

 

 

Cr Amos returned to the meeting, the time being 8.11pm.

 

Directorate Reports - Sustainable Communities

 

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.

2020/296

Resolved (Cr John Arkan / Cr Tegan Swan)

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.

 

The Motion on being put to the meeting was carried unanimously.

Carried

 

 

 

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

 

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.

2020/297

Resolved (Cr Sally Townley / Cr Tegan Swan)

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, with the exception of Item 4 relating to consent requirements for Private Native Forestry (PNF).

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).

7.         Defer consideration of item 4 within the Five Year Comprehensive Review of Coffs Harbour Local Environmental Plan 2013 – December 2020 (Attachment 1)  until the NSW Government’s review of Private Native Forestry arrangements is completed.

 

The Motion on being put to the meeting was carried unanimously.

Carried

 

 

 

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

 

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).

2020/298

Resolved (Cr Sally Townley / Cr George Cecato)

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).

 

The Motion on being put to the meeting was carried unanimously.

Carried

 

 

 

SC20/80          Coffs Harbour Public Realm Strategy Update

 

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).

2020/299

Resolved (Cr Paul Amos / Cr Tegan Swan)

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.

 

The Motion on being put to the meeting was carried unanimously.

Carried

 

 

 

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

 

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.

2020/300

Resolved (Cr Tegan Swan / Cr George Cecato)

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.

 

The Motion on being put to the meeting was carried unanimously.

Carried

 

 

 

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

 

Executive Summary

This report provides an assessment of Development Application No. 1027/17 for additions to the existing caravan park, by the addition of 26 camp sites, ablutions building, replacement bridge and internal roads at Lot 32 DP 1038983, 73 Fishermans Drive, Emerald Beach.

This development application was presented to Council for determination on 13 August 2020. At that meeting, Council resolved as follows:

That Council defer further consideration of Development Application No. 1027/17 pending:

1.       A final hydraulic assessment for the proposed new bridge, including details of flood levels immediately upstream and downstream in the 20 year ARI, 100 year ARI and PMF design flood events, together with complete detailed design and construction levels of the new bridge.

2.       Ecological assessment of the vegetation removal and riparian disturbance associated with bridge construction.

3.       An updated traffic and parking supply assessment be provided.

On 15 September 2020, Council received the requested further information from the applicant.  The further information has been reviewed and a revised section 4.15 assessment report and list of recommended conditions has been prepared.

Accordingly, this matter is reported to Council for determination.

 

Motion (Cr Tegan Swan / Cr Denise Knight)

That Council:

1.         Approve Development Application No. 1027/17 for additions to the existing caravan park, including the addition of 26 camp sites, ablutions building, replacement bridge and internal roads at Lot 32 DP 1038983, 73 Fishermans Drive, Emerald Beach subject to the conditions in Attachment 3, with the additional condition of an overflow carpark for 10 vehicles within the development site.

2.         Advise persons who made a submission on Development Application No. 1027/17 of Council’s decision.

 

Cr Townley gave notice of a Foreshadowed motion

 

Cr Amos gave notice of a Foreshadowed motion

 

 

Amendment

 

(Cr Keith Rhoades / Cr George Cecato)

That Council:

1.         Approve Development Application No. 1027/17 for additions to the existing caravan park, including the addition of 26 camp sites, ablutions building, replacement bridge and internal roads at Lot 32 DP 1038983, 73 Fishermans Drive, Emerald Beach subject to the conditions in Attachment 3.

2.         Advise persons who made a submission on Development Application No. 1027/17 of Council’s decision.

 

For:         Crs Adendorff, Cecato and Rhoades

Against:  Crs Knight, Amos, Arkan, Swan and Townley

 

The AMENDMENT on being put to the meeting was LOST.

 

2020/301

Resolved (Cr Tegan Swan / Cr Denise Knight)

That Council:

1.         Approve Development Application No. 1027/17 for additions to the existing caravan park, including the addition of 26 camp sites, ablutions building, replacement bridge and internal roads at Lot 32 DP 1038983, 73 Fishermans Drive, Emerald Beach subject to the conditions in Attachment 3, with the additional condition of an overflow carpark for 10 vehicles within the development site.

2.         Advise persons who made a submission on Development Application No. 1027/17 of Council’s decision.

 

For:         Crs Knight, Adendorff, Cecato, Rhoades and Swan

Against:  Crs Amos, Arkan and Townley

Carried

The Motion was carried, therefore the Foreshadowed Motions lapsed and were not considered.

 

FORESHADOWED Motion

 

(Cr Sally Townley

That Council:

1.         Refuse the Development Application No. 1027/17 for additions to the existing caravan park, including the addition of 26 camp sites, ablutions building, replacement bridge and internal roads at Lot 32 DP 1038983, 73 Fishermans Drive, Emerald Beach on the grounds of unacceptable impact of local traffic.

2.         Advise persons who made a submission on Development Application No. 1027/17 of Council’s decision.

 

foreshadowed motion

 

(Cr Paul Amos

That Council:

1.         Defer Development Application No. 1027/17 for additions to the existing caravan park, including the addition of 26 camp sites, ablutions building, replacement bridge and internal roads at Lot 32 DP 1038983, 73 Fishermans Drive, Emerald Beach.

2.         Advise persons who made a submission on Development Application No. 1027/17 of Council’s decision.

 

 

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

 

Executive Summary

This report provides an assessment of Development Application No. 0706/20 for a dual occupancy (detached) at Lot 5 DP 259537, 80A Moodys Road, Bonville.

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

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

-     Significant public interest and community input;

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

-     Significant land use; and

-     Major environmental issues.

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

2020/302

Resolved (Cr John Arkan / Cr George Cecato)

That Council:

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

2.         Approve Development Application No. 0706/20 for a dual occupancy (detached) at Lot 5 DP 259537, 80A Moodys Road, Bonville subject to the conditions provided in Attachment 3.

 

The Motion on being put to the meeting was carried unanimously.

Carried

 

 

 

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

 

Executive Summary

The purpose of this report is to advise that a development assessment report, prepared by Council, for Development Application No. 0901/20 has been lodged with the Northern Regional Planning Panel for determination.  

The development proposes demolition of all the existing structures on site, that have been used for a Group Home for men and have become outdated; and construction of new structures for use as a Group Home for women.

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

The proposed development fits the description of ‘5(b) Private Infrastructure and Community Facilities over $5 million’ under Schedule 7 ‘that has a capital investment value of more than $5 million for…a group home…”.

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

A copy of the development assessment report that has been provided to the Panel is provided attached to this report as Attachment 1 NRPP Development Assessment Report.  It is recommended that the content of this report be noted.

2020/303

Resolved (Cr Tegan Swan / Cr Sally Townley)

That Council note the report.

 

The Motion on being put to the meeting was carried unanimously.

Carried

 

 

 

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

 

Executive Summary

The purpose of this report is to advise that a development assessment report, for Development Application No. 0415/20, has been lodged with the Northern Regional Planning Panel. 

The proposed development is for a recreation facility (indoor) on land owned by Council at Solitary Islands Way, Woolgoolga. The proposal involves construction of a multi-purpose sports facility comprising two (2) indoor basketball/netball courts, three (3) multi-function rooms, stage, change rooms, reception/café, kitchen and cold store, administration room, store rooms, first aid room, amenities pavilion, landscape areas, car park (157 spaces plus 30 overflow spaces) and access road. The proposal also involves consolidation of the two subject lots into one allotment.

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

Under Schedule 7 (7)(3) of State Environmental Planning Policy (State and Regional Development) 2011, developments by Council with a capital investment value of more than $5 million, are required to be determined by the Northern Regional Planning Panel and not Council. The estimated cost of construction is $12,200,000. 

A copy of the development assessment report that has been provided to the Panel is provided attached to this report as Attachment 1. It is recommended that the content of this report be noted.

2020/304

Resolved (Cr John Arkan / Cr Sally Townley)

That Council note the report.

 

The Motion on being put to the meeting was carried unanimously.

Carried

 

 

Questions on notice

No questions on notice.

 

Matters of an Urgent Nature

No matters of an urgent nature.

 

 

Close of Meeting

The Meeting closed at 9.09pm.

 

Confirmed: 11 February 2021

 

 

 

 

...................................................

Denise Knight

Mayor

 


 

Attachment 1

PUBLIC FORUMS

Started 4.00pm, Prior to the Commencement of the Meeting

 

PRESENT:              Cr Denise Knight, Cr Michael Adendorff, Cr Paul Amos, Cr George Cecato, Cr Keith Rhoades, Cr Tegan Swan, Cr Sally Townley

STAFF:                    General Manager, Director Sustainable Infrastructure, Director Sustainable Communities, Director Business Services and Executive Assistant

 

Speaker

Item

Gai Anderson

Against GM20/37 - Local Government Election 2021 - Full Attendance Voting

Gai Anderson

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

Andrew Woodward

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

Nicola Johnstone

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

Kirin Lindop

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

Rebecca Shaw

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

Cr Amos declared an interest in the agenda item being addressed in the following public forum and vacated the Chamber, the time being 4.44pm.

Andrew Green

Against 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

Cr Amos returned to the meeting, the time being 4.55pm.

 

The Public Forums were continued following the commencement of the Council Meeting at 5.00pm.