Coffs Harbour City Council

19 May 2021

 

Ordinary Council Meeting

 

The above meeting will be held in the Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour on:

 

Thursday, 27 May 2021

 

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

 

 

Directorate Reports - Business Services

BS21/25          Bank and Investment Balances for April 2021......................................... 3

BS21/26          Quarterly Operational Plan Update and Budget Review Statement for March 2021..................................................................................................... 38

BS21/27          Draft Plan of Management for 16 Crown Reserves.......................... 64

Directorate Reports - Sustainable Communities

SC21/25          Draft Revised Renewable Energy and Emissions Reduction Plan 310

SC21/26          Contract No. RFT-1170-TO - Coffs Coast Regional Sports Hub Stage 2 – Construct Northern Amenity Building............................................... 376

SC21/27          Provision of Telecommunications Infrastructure - Draft Policy 379

SC21/28          Development Application No. 0109/21 - Service Station and Signage - Lot 6 DP663907, Lot E DP359664 and Lot C DP380742, 178-180 Pacific Highway, Coffs Harbour............................................................................... 399


BS21/25       Bank and Investment Balances for April 2021

Author:                        Section Leader Financial Planning

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS21/25   Investment Performance Report for the Month Ended 30 April 2021  

 

Executive Summary

Council’s Bank Balances and Investments as at 30 April 2021 totalled $225,210,409.03.  Council receives independent advice and invests surplus funds in accordance with Council’s Investment Policy to maximise investment income and preserve capital to assist with funding requirements for projects listed under the Delivery Program and associated Operational Plans.

 

Recommendation:

That Council note the bank balances and investments totalling $225,210,409.03 (including from loans, Developer Contributions and other avenues that form the restricted accounts and are committed for future works) as at 30 April 2021.

 

Report

Description of Item:

A copy of the state of Bank Balances and Investments as at 30 April 2021 is attached.  Also included is a summary of Council’s Socially Responsible Investment Performance.  It should be noted that Council is required to account for investments in accordance with the Australian International Financial Reporting Standards.  Term deposits are shown at face value and all other investment balances at the end of each month reflect market value movements, which would be inclusive of accrued interest.

 

Interest when paid, say quarterly, would result in reductions in the market value of the investments.  The Investment Report reflects the above requirements and reflects the interest earned (or accrued) on each investment, based on the acquisition price.

 

The bank balances and investment total of $225,210,409.03 as at 30 April 2021 is allocated between Council’s external restrictions, internal restrictions and unrestricted funds.

 

The balance of Council’s cash, cash equivalents and investments as at 30 June 2020 was attributable to external restrictions, internal restrictions and unrestricted funds as follows:

 

Fund

$000

External Restrictions

127,904

Internal Restrictions

88,300

Unrestricted

9,024

Total

225,228

 

Final calculations to determine external and internal restrictions are carried out during End of Financial Year Financial Statement preparation.

 

External restrictions account for over 56% of the cash, cash equivalent and investments held by Council; comprising of Developer Contributions, unexpended grants, unexpended loans, Water fund reserves, Sewer fund reserves and the Domestic Waste Management reserve as reported in Council’s Annual Financial Statements.

 

The below graph provides a breakdown of the bank and investment balances by Fund as at 30 April 2021.

 

 

The following line graph shows the rolling trend of Council’s bank balance and investment totals for a period of 13 months to 30 April 2021.

 

 

 

 

Reports written by Laminar Group Pty Ltd (Council’s investment portfolio advisors), which examine economic and financial markets data for April 2021 are available in the Councillors’ Resource Centre.

Issues:

There are no issues associated with this report.

Options:

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

Sustainability Assessment:

•     Environment

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

•     Social

There are no perceived current or future social impacts from the information contained in this report.

•     Civic Leadership

Council invests surplus funds to maximise investment income and preserve capital to assist with funding requirements for projects listed under the Delivery Program and associated Operational Plans.

•     Economic – Broader Economic Implications

Council’s investments are held according to the requirements stated within Council’s Investment Policy and the returns are acceptable in relation thereto.  In the long term, earnings from investments can vary due to economic conditions and financial markets.  Council constructs its investment portfolio with consideration of current conditions and to comply with the Office of Local Government Investment Policy Guidelines.

•     Economic - Delivery Program/Operational Plan Implications

As at 30 April 2021, it is noted that the total bank and investment balance was $225,210,409.03 comprising restricted and unrestricted General, Trust, Water and Sewer Funds’ cash and investments.

Risk Analysis:

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

 

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

 

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

 

Rating

Ratings Explanation

AAA

Extremely strong capacity to meet financial commitments.  Highest Rating.

AA

Very strong capacity to meet financial commitments.

A

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

BBB

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

BBB-

Considered lowest investment grade by market participants.

BB+

Considered highest speculative grade by market participants.

BB

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

B

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

CCC

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

CC

Currently highly vulnerable.

C

Currently highly vulnerable obligations and other defined circumstances.

D

Payment default on financial commitments.

 

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

 

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

 

-     Deposits/Covered Bonds – these share first ranking

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

-     Subordinated debt

-     Hybrids

-     Preference shares

-     Equity shares (common shares).

 

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

 

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

Consultation:

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

Related Policy, Precedents and / or Statutory Requirements:

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

Local Government Act 1993 – Section 625.

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

Local Government General Regulation 2005.

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

Implementation Date / Priority:

Nil.

Conclusion:

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

 

 

 


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BS21/26       Quarterly Operational Plan Update and Budget Review Statement for March 2021

Author:                        Senior Finance Business Partner

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS21/26   QBRS Budget Variations for the Quarter Ended March 2021

ATT2  BS21/26   QBRS Reports for the Quarter Ended March 2021  

 

Executive Summary

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

 

Internal reporting for the March 2021 quarter has identified the need for a number of amendments to the 2020/21 Operational Plan.  The proposed changes relate to extensions in the forecast end dates of projects within the same financial year, adding projects that were not in the adopted 2020/21 Operational Plan and changes in the resulting measurement of metrics.

 

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

 

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

 

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

 

The recommendations contained within the report, if adopted, would result in a net budget deficit of $7.29M compared to the original position of $5.06M. This deterioration is primarily the result of historically low interest rates, the impact of COVID-19 and natural disasters. Lower interest rates have resulted in a reduction in projected investment revenue over the course of the financial year. COVID-19 and natural disasters have not only affected the ability to source materials and contractors but also the priority and timing of works within Council and for our commercial works customers. The projects proposed for completion by both Coastal Works and CitySmart Solutions have been delayed, with some pushed to next financial year and resulted in a downgrade of projected profits for the year.

 


 

 

Recommendation:

That Council:

1.       Note the Quarterly Budget Review Statement and the following estimated budget position as at 31 March 2021:

2020/21 Original Budget

2020/21 Revised Budget

2020/21 Projected Budget

2020/21 Mar YTD Actuals

 

$‘000

$‘000

$‘000

$‘000

Recurrent Revenue

 

 

 

 

Rates & Annual Charges

100,348

100,648

100,648

76,911

User Charges & Fees

53,006

51,072

48,698

35,560

Interest & Investment Revenue

5,265

5,265

3,765

2,138

Other Revenues

9,451

9,455

7,763

4,997

Grants & Contributions provided for Operating Purposes

15,166

15,994

15,883

9,579

Total Recurrent Revenue

183,236

182,434

176,757

129,185

Recurrent Expenditure

 

Employee Benefits & Oncosts

59,887

61,274

61,210

47,534

Borrowing Costs

7,781

7,690

7,690

4,820

Materials & Contracts

177,325

189,212

139,283

70,729

Depreciation & Amortisation

47,335

47,335

46,081

34,527

Other Expenses

10,604

11,309

11,309

7,941

Less: Capitalised Expenses

(114,640)

(129,057)

(81,529)

(36,722)

Total Recurrent Expenditure

188,292

187,763

184,044

128,829

Net Operating (Deficit) / Surplus

(5,056)

(5,329)

(7,287)

356

Capital Revenue

 

Capital Grants, Subsidies, Contributions and Donations

53,670

55,548

31,672

19,999

Total Capital Revenue

53,670

55,548

31,672

19,999

Net Surplus

48,614

50,219

24,385

20,355

2.       Approve the following budget adjustments:

2.1.    $1,957,175 increase in the budgeted net operating deficit;

2.2.    $23,876,309 decrease in budgeted capital revenue to be received;

2.3.    $47,527,432 decrease in the budgeted level of capital expenditure;

2.4.    $19,229,158 decrease in the budgeted level of loans drawn down;

2.5.    $1,253,724 decrease in depreciation expense;

2.6.    $2,011,680 increase in cash reserves.

 

3.       Note the following allocations have been included in the draft 2021/22 Operational Plan:

3.1.    $4.165M for the Wiigulga Sports Complex;

3.2.    $4.745M for the Cultural and Civic Space;

3.3.    $3.593M for various projects funded from Local Roads and Community Infrastructure Grant $2.95M, Crown Reserves Improvement Fund $0.543M and a contribution from the Friends of the Botanic Gardens of $0.1M.

 

Report

Description of Item:

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

 

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

 

To supplement the information contained within the monthly financial reports and the six monthly performance reports to Council, a dashboard which gives a snapshot of certain metrics has been developed.  The March 2021 dashboard has been provided for Councillors’ information through the Resource Centre and will be refined on an ongoing basis to provide further and more relevant information.

 

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

 

Attachment 1 contains a list of recommended variations for the quarter ended 31 March 2021 for the consideration of the Council.  These variations are reflected in the projected budget as presented in the estimated budget position as at 31 March 2021 contained within the recommendation.

 

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

 

Attachment 1 summarises the recommended variations for the quarter ending 31 March 2021 for the consideration of the Council.  These variations are reflected in the projected budget.  Columns are included to make it clearer how variations impact the operating result, capital expenditure and the relevant funding sources.  The column definitions for the table are as follows:

-      Operating

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

-      Reserves – Operating

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

-      Capital Expenditure

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

-      Capital Grants and Contributions

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

-      Reserves – Capital

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

-      Loan Funding

Adjustment to the level of funding required to be utilised from proposed loan borrowings.

 

-      Depreciation

Adjustment to the level of depreciation being expensed against Council’s assets.

-      Cash at Bank

Funding required from cash at bank.

Issues:

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

 

The 2020/21 Operational Plan Overview

 

The 2020/21 Operational Plan quarterly reporting has been completed.  There was a number of changes in the completion date of projects outlined in the 2020/21 Operational Plan in the January to March 2021 quarter.  A number of actions that were expected to be completed during the term of the 2020/21 Operational Plan have extended into 2021/22, with one action to be completed during the 2021/22 year and has been extended into 2022/23.

 

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

 

DESCRIPTION

PROGRESS REPORT/COMMENT

ORIGINAL
END DATE

REVISED
END DATE

GROUP

P0982: Coffs Coast Sport & Leisure Park Precinct Master Plan

Was forecast to be completed by 01/06/2021. Completion will extend into 2021/22.

01/06/2021

30/07/2021

City Prosperity

P1131: S7:11 sport infrastructure works - Coramba Recreation Reserve field irrigation

Was forecast to be completed by 30/06/2021. Completion will extend into 2021/22.

30/06/2021

30/07/2021

City Prosperity

P1264: Completion of a Visitor Satisfaction and profile survey

Was forecast to be completed by 30/06/2021. Completion will extend into 2021/22.

30/06/2021

31/12/2021

City Prosperity

P1368: Sports Facility Plan 20/21 – 5 year review

Was forecast to be completed by 30/06/2021. Completion will extend into 2021/22.

30/06/2021

30/06/2022

City Prosperity

P0400: Finalise youth needs issues and options paper and program planning

Was forecast to be completed by 30/06/2021. Completion will extend into 2021/22.

30/06/2021

31/12/2021

Community and Cultural Services

P0512: Develop a Positive Ageing Strategy

Was forecast to be completed by 30/09/2020. Completion will extend into 2021/22.

30/09/2020

01/02/2022

Community and Cultural Services

P0235: Prepare Coastal Hazard Planning Tools

Was forecast to be completed by 30/06/2021. Completion will extend into 2021/22.

30/06/2021

27/05/2022

Sustainable Places

P0408: Complete the Public Realm  Strategy

Was forecast to be completed by 30/06/2021. Completion will extend into 2021/22.

30/06/2021

30/05/2022

Sustainable Places

P0873: Undertake the Corindi River, Pipe Clay Lake and Arrawarra Creek Coastal Management Program

Was forecast to be completed by 30/06/2021. Completion will extend into 2021/22.

30/06/2021

31/10/2021

Sustainable Places

P0906: Review and update the Koala  Plan of Management

Was forecast to be completed by 30/06/2021. Completion will extend into 2021/22.

30/06/2021

31/12/2021

Sustainable Places

P0915: Prepare an Aboriginal Cultural Heritage  Management Plan

Was forecast to be completed by 31/03/2021. Completion will extend into 2021/22.

31/03/2021

25/02/2022

Sustainable Places

P1440 Undertake Moonee Beach North New Estate Access Investigations

Was forecast to be completed by 30/06/2021. Completion will extend into 2021/22.

30/06/2021

30/06/2022

Sustainable Places

P1159: Melaleuca Bridge Woolgoolga

Was forecast to be completed by 30/06/2021. Completion will extend into 2021/22.

30/06/2021

30/09/2021

Strategic Asset Management

P1308: Implement  the Woolgoolga  WOW Masterplan

Was forecast to be completed by 30/06/2021. Completion will extend into 2021/22.

30/06/2021

30/06/2022

Strategic Asset Management

P1377: City Centre Masterplan works

Was forecast to be completed by 30/04/2021. Completion will extend into 2021/22.

30/04/2021

31/12/2021

Strategic Asset Management

P1382: Coffs Harbour Jetty Boat Ramp Precinct

Was forecast to be completed by 30/09/2021. Completion will extend into 2022/23.

30/09/2021

31/12/2022

Strategic Asset Management

P1385: Gillibri Crescent, Sawtell Playground

Was forecast to be completed by 30/06/2021. Completion will extend into 2021/22.

30/06/2021

30/06/2022

Strategic Asset Management

P1429: Nana Glen Playground, car park and public amenities

Was forecast to be completed by 30/06/2021. Completion will extend into 2021/22.

30/06//2021

30/07/2021

Strategic Asset Management

P1433: Seventeenth Avenue, Sawtell, Road rehabilitation

Was forecast to be completed by 30/06/2021. Completion will extend into 2021/22.

30/06//2021

30/01/2022

Strategic Asset Management

P1230: Implement Property  Management System

Was forecast to be completed by 30/06/2021. Completion will extend into 2021/22.

30/06//2021

30/07/2021

Financial Services and Logistics

P0587: Former Deep Sea Fishing Club Use – Long Term

Was forecast to be completed by 01/02/2021. Completion will extend into 2021/22.

01/02/2021

30/09/2021

Financial Services and Logistics

P1371: Provide  CCTV footage to NSW Police to investigate crime

Was forecast to be completed by 30/06/2021. Completion will extend into 2021/22.

30/06/2021

31/12/2021

Business Systems

P1402: Sawtell  Beach Holiday Park

Was forecast to be completed by 30/06/2021. Completion will extend into 2021/22.

30/06/2021

28/09/2021

Coffs Coast Holiday Parks

 

COVID-19 Impacts and Recovery

 

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

 

In December 2020 Council resolved to 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.  It should be noted that this item has not been included in this QBRS due to no current funding source being identified and also taking into account the improved general economic recovery, particularly in NSW and regional areas such as Coffs Harbour.

 

The funding of this program can be further considered by Council as part of the 2021/22 Operational Plan in June this year.  At that time a clearer understanding of the COVID-19 pandemic recovery will be available.

 

Council Resolutions

 

On 11 February 2021 Council resolved to allocate an additional $4.165M to the Wiigulga Sports Complex project, funded by external loan and that this be reflected in the March 2021 QBRS.  Given that these additional funds won’t be required until 2021/22 this funding has been included in the draft 2021/22 Operational Plan rather than the March QBRS.

 

On 25 February 2021 Council resolved to allocate an additional $4.745M to the Cultural and Civic Space, funded by external loan of $4.245M and grant of $500k, and that this be reflected in the March 2021 QBRS.  Given that these additional funds won’t be required until 2021/22 this funding has been included in the draft 2021/22 Operational Plan rather than the March QBRS.

 

On 25 March 2021 Council resolved to note the grant approvals of $2.95M from Local Roads and Community Infrastructure and $0.543M from Crown Reserves Improvement Fund along with $0.1M contribution from the Friends of the Botanic Gardens. Their allocation to various projects has been included in the draft 2021/22 Operational Plan rather than the March QBRS.  This allocation is in line with the anticipated timing of the expenditure and related income receipts.

Options:

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

 

1.    Adopt the recommendation provided to Council.

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

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

Sustainability Assessment:

•     Environment

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

•     Social

There are no perceived short or long term social impacts.

•     Civic Leadership

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

 

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

•     Economic – Broader Economic Implications

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

 

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

 

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

•     Economic - Delivery Program/Operational Plan Implications

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

 

The original adopted budget for 2020/21 provided a net surplus of $48.6M and an operating deficit before capital revenue of $5.1M.  The budget adjustments recommended in this report, together with revotes and changes in the September and December QBRS reports previously approved by Council, result in a projected budget net surplus of $24.39M and an operating deficit before capital revenue of $7.3M.  There has been a deterioration in the operating result of $1.957M as a result of the recommendations contained within this report.

Risk Analysis:

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

 

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

Consultation:

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

Related Policy, Precedents and / or Statutory Requirements:

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

 

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

 

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

Implementation Date / Priority:

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

Conclusion:

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

 

 


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BS21/27       Draft Plan of Management for 16 Crown Reserves

Author:                        Plans of Management Project Manager

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS21/27   Draft Plan of Management - 16 Crown Reserves

ATT2  BS21/27   Native Title Advice for Draft Plan of Management 16 Crown Reserves  

 

Executive Summary

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

 

A draft PoM for 16 Crown Reserves (Attachment 1) has been finalised following wide consultations across multiple groups of Council.  It is now ready for consideration by Council and if agreed, a resolution made to refer the document to the Division of Crown Lands within the Department of Planning, Industry and Environment (DPIE) for its approval, prior to it being publicly exhibited.  This step is compulsory as the Crown (being the landowner) must be given the opportunity to provide input into the draft PoM prior to it being placed on public exhibition. So too is it a requirement that Native Title Manager advice (Attachment 2) be considered by Council prior to the draft PoM being referred to DPIE.

 

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

 

Recommendation:

That Council:

1.    Refer the draft Plan of Management for 16 Crown Reserves to the Crown Lands Division of the Department of Planning, Industry and Environment to obtain approval to place the document on public exhibition.

2.    Place the draft Plan of Management for 16 Crown Reserves on public exhibition for a period of at least 42 days once approval is received.

 

Report

Description of Item:

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

 

Section 36 of the LG Act requires a PoM to be adopted by councils for all land classified as ‘community’ land and outlines the requirements of such a PoM.  In simple terms, the purpose of the PoM is to provide a framework for the ongoing use and management of the land.

 

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

 

The subject land for the PoM currently before Council comprises 16 separate Crown reserves, all but one of which is categorised ‘park’ with the gazetted purposes being for recreational type uses.  The Former RFS Shed Upper Orara is categorised as for ‘general community use’ with the gazetted purpose being for bushfire fighting purposes.  The RFS have long since stopped using the reserve and as such it is appropriate that the draft PoM propose an additional gazetted purpose which is for ‘Local Government Purposes’.

 

The PoM has been prepared in a manner consistent with the core objectives (as per S.36I of the LG Act) for land categorised as ‘a park’ and ‘general community use’, with the overall aim being that the reserves will provide an ongoing benefit to the community.  The PoM authorises the wide variety of uses that the reserves have been, or are currently being used for, while also providing sufficient flexibility for Council to modify the use or management of the reserves, into the future.  It is not intended that this or other PoMs will address the role of the reserve in the strategic planning sphere or day-to-day management issues.

Issues:

Given the draft PoM does not propose any significant change to the current use and management of the reserves, there are no particular issues that have emerged to date.  However, the Native Title advice prepared by the firm Lands Advisory Services Pty Ltd suggests that because three of the reserves were gazetted post 23 December 1996 (this being the date of a key decision by the High Court in relation to Native Title) there are some additional constraints to the future use, management and development of the land.

Options:

Council has the following options to consider as follows:

 

1.    Adopt the recommendation and thereby refer the draft Plan of Management for 16 Crown Reserves, to the Crown Lands Division of DPIE to obtain approval to place the document on public exhibition.

2.    Amend the draft Plan of Management for 16 Crown Reserves and then refer the draft PoM to the Crown Lands Division of DPIE to obtain approval to place the document on public exhibition.

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

Sustainability Assessment:

•     Environment

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

•     Social

There are no uses or management actions authorised in the draft PoM that represent any form of reduced community access to the reserves.  The draft PoM also authorises the granting of leases, licences and other estates so that organisations providing services to the community may have security of tenure should they wish.

•     Civic Leadership

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

 

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

A2.2 We facilitate positive ageing;

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

A2.4 We cultivate a safe community.

•     Economic – Broader Economic Implications

Once adopted, a PoM provides the ongoing legal framework which allows for the reserves to be occupied or used.  This has a direct positive economic benefit to those who provide and access these services, as well as having a multiplier (flow-on) effect to the local economy.

•     Economic - Delivery Program/Operational Plan Implications

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

Risk Analysis:

There is a statutory requirement that on or before 30 June 2021, Council must adopt a PoM for all Crown reserves classified as ‘community land’ and for which Council has been appointed as the land manager.  DPIE has indicated that it is the State Government’s intention to extend this deadline, however there has been no information to indicate what length of time this extension may represent.  It is also now clear what if any actions the State Government would take if progress to adopt PoMs by the current due date is not deemed adequate.  It is therefore prudent to undertake best endeavours to complete and adopt PoMs for as many reserves as possible and to be able to demonstrate to the State Government the scale of these efforts.

 

Four other draft PoMs encompassing 30 Crown reserves have already been prepared and are at various stages of the process such as being assessed for Native Title implications, are currently with DPIE for approval to publicly exhibit etc and in the case of the Community Village and Cavanbah Centre PoM, recently adopted by Council.  Another two draft PoMs are in the early stages of preparation.

Consultation:

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

Related Policy, Precedents and / or Statutory Requirements:

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

Implementation Date / Priority:

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

Conclusion:

This draft PoM represents one of many PoMs that Council has a statutory requirement to prepare and adopt on or before 30 June 2021.  After the resolution to refer the PoM to DPIE for approval to place it on public exhibition, it will be placed on ‘Have Your Say’ for a period of 42 days, over which time public submissions will be accepted.  The draft PoM, including any revisions post public exhibition, will then be referred back to DPIE if any revisions are significant or if only minor amendments are made, will be presented to Council for adoption.

 

 


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SC21/25       Draft Revised Renewable Energy and Emissions Reduction Plan

Author:                        Section Leader Community Planning & Engagement

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC21/25   Draft Revised Renewable Energy and Emissions Reduction Plan  

 

Executive Summary

In 2016, Council adopted the Renewable Energy and Emission Reduction Plan (REERP) as a blueprint for action to meet Council’s corporate Renewable Energy and Emissions Reduction Targets. The first phase of Council’s REERP is now close to completion and a review of the plan has been undertaken to map out the subsequent phases over the next 10 to 15 years as per the commitment in the original REERP.

The draft revised REERP, explores a Net Zero Emissions target based on a science-based carbon budget, in line with the United Nations International Panel on Climate Change (IPCC) recommendations. Moving to adopt targets informed by this methodology would demonstrate Council’s continued leadership on sustainability with the science derived target being industry leading in its robustness.  While there are costs associated with activity to progress against these targets, the efficiencies and savings are significant.

The purpose of this report is to recommend Council place the draft revised REERP on public exhibition for a period of 28 days.

 

Recommendation:

That Council:

1.       Endorse the Draft Revised Renewable Energy and Emissions Reduction Plan (REERP) for public exhibition for a period of 28 days.

2.       Note that a further report will be brought back to Council for consideration following public exhibition.

 

Report

Description of Item:

Between March and April 2021, Ironbark Sustainability conducted a review of Council’s energy usage, other emissions related data and key actions undertaken as part of the first phase of the REERP.  Stakeholder consultations were also undertaken with key sections of Council with management responsibility over the functional areas discussed in this report.  Consultation meetings were also held with Councillors, Council’s internal Renewable Energy Committee and Council’s community Sustainability Advisory Committee.

Issues:

Since the adoption of the REERP in 2016, significant work has been undertaken by Council to meet its corporate renewable energy and emissions reduction targets.  Notably this includes the Powering Ahead Project which has installed 620.5 kW of Solar PV across 13 Council sites since July 2019 and will add a further 1.72 MW of capacity to five Council water and wastewater facilities by the end of 2021.

While Council did not achieve its 2020 Renewable Energy Target, with only 3% energy sourced from renewable sources, the completion of the Powering Ahead Project later this year will increase Council’s supply of energy generated from renewable sources to 11%. Council made greater progress against its 2020 Emissions Reduction target achieving an 11% cut in emissions against the 2010 baseline (when comparing the same set of emissions sources). This is expected to increase to a 24% reduction in emissions at the completion of the Powering Ahead Project, just shy of the 25% target.

The draft Revised REERP is focused on achieving Council’s existing targets and continuing to demonstrate leadership in sustainability. The draft Revised REERP maps out emissions reduction and offsetting opportunities for Council covering the period from 2020/21 to 2030/31. It also establishes an emissions reduction trajectory that will take Council to net zero emissions by 2030/31 for all emissions sources excluding Landfill, and to net zero for Landfill emissions by 2033. While actions have been included out to 2030/31, it is recommended that Council review and update this plan in 2025 to ensure ongoing council actions are guided by the up-to-date information and take advantage of emerging technologies that could accelerate the transition to net zero emissions in different areas of council operations.

Transition to Net Zero

·    

Key Actions

Based on the development of an updated corporate greenhouse gas (GHG) inventory, the draft Revised REERP outlines that the key focus for Council emissions reductions activities should include:

·    Transitioning to zero emissions electricity generation (renewables) between 2021 and 2023:

-     Procurement of 100% renewable electricity through a Power Purchase Agreement (PPA) – no additional cost to council and added benefit of locking in contract certainty for a nominated period, typically 7-10 years.

-     Installation of additional behind the meter solar - increase solar capacity at six sites and install new solar PV at an additional 13 Council managed sites – total cost $1m. Install 150kW solar PV system at Moonee WRP – total cost $300,000.

·    Implement sustainable buildings actions (ESD policy) across Council facilities - in addition to sourcing renewable electricity, an ongoing program to improve energy efficiency and to remove existing gas systems will drive significant costs and emissions savings. It is recommended that Council invest $2.71m in energy and water efficiency projects at council facilities, along with utility monitoring and sub-metering systems in the lead up to 2025.

·    Public lighting upgrades – replace all major road lighting with LEDs and deploy smart control systems. Total cost $2.3m.

·    Electrification of Council’s fleet and stationary energy – fleet transition to EVs and renewable energy, between 2021 and 2026. Total cost $2m.

·    Reducing landfill emissions – current landfill management and treatments practices employed by Council already achieve significant emissions savings.  Further reduction in landfill emissions, however, will be difficult to achieve during the life of the current waste contracts, up to 2027.  The development of a new waste to energy facility post-2027, or the diversion of landfill to a regional facility, however, presents good opportunities to further reduce landfill emissions and achieve net zero by 2033. 

·    Purchase of offsets for residual emissions.

Cost Benefit Analysis Overview

When considering the table below, it is important to note that savings are over the asset lifetime, and the assumptions are detailed in the Appendix in the draft Revised REERP attached.

Action Area

Annual Emissions Reduction by 2030/31

(tCO2-e)*

Capital Cost** ($m)

Net Savings over Lifetime  ($m)

Electricity

Procurement of 100% renewable electricity (incl. installation of smart meters)

10,300

(in addition to other savings listed below)

$0.14

-$0.14

Installation of additional behind-the-meter solar

830

$1.3

$3.6

Sustainable Buildings

Implementation of ESD Policy and energy and water efficiency actions across Council buildings

3915

$5.1

$16.5

Public Lighting

Replace all major road lighting with LEDs and deploy smart control systems

780

$2.3

$2.8

Fleet

Fleet transition to EVs and renewable electricity

800

$2.0

-$0.75

Offset

Offsets for residual emissions

4,700

$0.09

-$0.09

Total

21,325

$10.93m

$21.94m

* (tCO2-e) = tonnes of carbon dioxide equivalent

** Savings after paying back the capital cost

By implementing all activities outlined in this draft Plan and purchasing 100% zero emissions power through a renewable energy PPA, Council will reduce overall emissions by 66% (14,908 tCO2-e) on 2019/20 levels by the year 2025 and 79% (17,773 tCO2-e) by 2029/30, excluding landfill.  The estimated savings to the organisation by improving efficiency and sustainability in the investment lifecycle are just under $22 million.

After completing all the recommended actions within this plan, it is anticipated there will still be approximately 4,800 tCO2-e that must be accounted for before Council can achieve Net Zero Emissions status in 2030/31. These are typically from sources that are difficult to reduce or eliminate through efficiency projects, such as nitrous oxide from wastewater treatment, fugitive emissions from air conditioning and refrigeration and some stationary energy, plant and fleet that do not currently have viable electric alternatives.

To achieve the Net Zero Emissions 2030 target, Council will need to purchase carbon offsets to cover the remaining emissions.  The indicative costs for Council to achieve Net Zero Emissions status are around $0.6m to $1.0m per annum worth of Australian Carbon Credit Units (ACCU’s), or $0.12 to $0.2m per annum worth of Verified Carbon Offsets (VCUs) based on the latest spot prices. 

Between 2020/21 and 2030/31 the actions within this plan, if implemented, will successfully avoid the emission of over 150,000 tonnes of CO2-e through energy efficiency, renewable electricity generation, reduced fuel use and offsets.

Options:

1.   Endorse the draft Revised Renewable Energy and Emissions Reduction Plan to be placed on public exhibition for a period of 28 days.

2.   Reject the recommendation.

Option 1 is recommended as the course of action in order to give community an opportunity to provide feedback on the draft Revised REERP. 

Sustainability Assessment:

•     Environment

The MyCoffs Community Strategic Plan and the Customer Satisfaction Surveys of 2020 demonstrate the community’s value of the natural environment and lifestyle provided in the Coffs Harbour LGA. This item demonstrates Council’s responsiveness and leadership within environmental protection and sustainability.  Additionally, Council’s Climate Change Policy commits Council to:

2.2.1  Reducing our greenhouse gas emissions through adopted targets (see above) and the implementation of the Renewable Energy and Emissions Reduction Plan (REERP).

The draft Revised REERP recommends maximum environmental benefit by enabling Council to strategically move forward with its existing and recommended Next Zero Emissions target over the next 10 to 15 years.

•     Social

The Coffs Harbour LGA has experienced 9 disaster declarations in the past two years as per the NSW Rural Assistance Authority. The human and socioeconomic consequences of environmental instability for the community are significant.

Council’s Climate Change Policy states that “climate change will impact on both the current and future way of life of the whole Coffs Harbour community and our natural and built environment. Also, that climate change will likely impact on a wide range of Council services and operations, has a highly significant impact on the community and any actions that Council undertakes will assist in minimisation of the impacts”. The implementation of the draft Revised REERP will demonstrate that Council is doing its fair share in minimising these impacts.

•     Civic Leadership

Council’s commitment in 2016 to the REERP and associated targets was an act of civic leadership, which placed Council at the forefront of Local Government response to climate change and sustainability. Placing the draft Revised REERP on public exhibition allows the community to provide input on Council’s proposed pathway forward to reducing corporate greenhouse gas emissions.

•     Economic – Broader Economic Implications

Reducing Council’s emissions profile can have positive implications for stimulating the Green Economy locally, and provide clear signals of supportive economic climate for businesses wanting to pioneer innovation and sustainability. It also continues to enhance the region’s reputation as a leader in environmental responsibility, aligning with the EcoTourism platform and regional economic development. 

•     Economic - Delivery Program/Operational Plan Implications

The proposed savings from efficiency and investment require well timed and planned activity in order to maximise monetary benefit, as detailed in the Cost Benefit Analysis Overview earlier in this report. 

Risk Analysis:

Maintaining momentum towards the targets it has set reduces the risks of Council not meeting community expectations for action on climate change. Council may also appear a slow adopter amongst similar councils, if it does not adopt a science-derived target of Net Zero Corporate emissions.

Consultation:

The preparation of the Revised REERP has involved consultation with a wide cross section of Council personnel, advisory committees and specialist consultants. Consultation has involved the collection of information and data used to develop an understanding of Council’s current carbon bucket (energy usage and carbon footprint), the review of science based targets nationally and internationally and the identification of best practice approaches in the area of emissions monitoring and reporting.

To develop the best business cases for this Revised REERP, it was crucial to consider the options in terms of both technical feasibility and financial viability. To find the perfect intersection between these requirements, an iterative process of data analysis, research, site visits and stakeholder consultation through workshops and one-on-one meetings was employed.

Related Policy, Precedents and / or Statutory Requirements:

CHCC Climate Change Policy

CHCC Sustainability Policy

CHCC Renewable Energy & Emissions Reduction Plan

NSW Government Net Zero Plan Stage 1: 2020-2030

Implementation Date / Priority:

If approved, the draft Revised REERP will be placed on public exhibition for a period of 28 days. Feedback will inform the final version of the Renewable Energy and Emissions Reduction Plan, to be brought back to Council.

Conclusion:

A comprehensive review of Council’s adopted REERP has been undertaken, with the draft Revised REERP ready to be placed on public exhibition for community feedback.

 


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SC21/26       Contract No. RFT-1170-TO - Coffs Coast Regional Sports Hub Stage 2 – Construct Northern Amenity Building

Author:                        Group Leader City Prosperity (Acting)

Authoriser:                  Director Sustainable Communities

MyCoffs:                      A.1 A vibrant and inclusive place

Attachments:              ATT1  SC21/26   CONFIDENTIAL Contract No. RFT-1170-TO Tender Assessment

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

 

Executive Summary

Coffs Harbour City Council has released a “Request for Tender” to Construct the Northern Amenity Building within the Coffs Coast Sport and Leisure Park Precinct. The works form part of the Coffs Coast Regional Sports Hub Stage 2 project, which is funded by the NSW Government’s Regional Sports Infrastructure Fund (RSIF) grant.

Responses to the Request for Tender have now been received and assessed.

This report provides details of the tender evaluation and recommends that Council adopt the recommendation in the attached report.

 

Recommendation:

That Council consider tenders received for RFT-1170-TO Coffs Coast Regional Sports Hub Stage 2 – Construct Northern Amenity Building and move the motion as detailed in the confidential attachment.

 

Report

Description of Item:

At the meeting of 26 April 2018, Council resolved the following:

That Council Submit an Expression of Interest for the NSW Government’s Regional Sports Infrastructure Fund (RSIF) for the Coffs Coast Regional Sports Hub – Stage 2

As Council is aware, the grant submission was successful and the project has commenced.

The overall project comprises multiple sub projects, however this particular report is specifically regarding the tender for the construction of the Northern Amenity Building that will service the new turf and synthetic fields, as well as the broader precinct.

Tenders were advertised through the Tenderlink system, and were sought on the open market to provide a lump sum price while also considering value adds to ensure the available budget was not exceeded. Tenders closed at Thursday 17 March 2021 with a 90 day validity period.

Tenders were evaluated on the following criteria:

-     Tender price and value for money.

-     Relevant experience and references with similar projects.

-     Resource availability, speed of construction and ability to meet grant milestones. Proposed construction methodology, construction program and management plans.

-     OH & S, quality management and sustainable resources.

Five (5) tenders were received from the following companies (listed alphabetically):

1.   AW Edwards Pty Ltd

2.   Connex Management and Construction Pty Ltd

3.   Lahey Constructions Pty Ltd

4.   Lianda Constructions Pty Ltd

5.   Van Mal Group Construction Pty Ltd

This report and the confidential attachment provides details of the tender prices and evaluation and recommends that Council adopt the recommendation in the attached report.

Issues:

Refer confidential tender report (Attachment 1).

Options:

The options available to Council under the Local Government Act with respect to this report are to:

1.   Adopt the recommendation provided to Council found within the Confidential Attachment.

2.   Amend the recommendation.  This may pose significant contractual issues and financial risks. The project is subject to grant milestones and financial budgets which would be jeopardised if the contract is not awarded.

Sustainability Assessment:

•     Environment

There are no specific environmental issues associated with the tender.  The proposed works have been subjected to an appropriate level of assessment under the Environmental Planning and Assessment Act 1979.

A Review of Environmental Factors and Part V environmental assessment for the works have been prepared which foreshadows that no significant impacts will arise.

•     Social

By providing an improved comprehensive range of sporting facilities that cater from local through to elite requirements, the project is aimed at growing participation and pathways across a range of sports at all levels, and to physically and strategically connect stakeholders with synergies in sport, health, well-being and education.

Construction of the northern amenity building will enhance the quality of the infrastructure to attract regional, state, national and international events. The design of the structure has been developed after extensive consultations with local sporting user groups.

There are no adverse social implications associated with this report. 

•     Civic Leadership

The Coffs Coast Regional Sports Hub Program Stage 2 project has four main objectives:

1.   To increase the health, well-being and inclusion opportunities for local residents through increased participations levels in sport and active recreation.

2.   To partner with State and National bodies to strengthen performance pathways particularly for pre-elite young regional athletes to train and develop their skills near to their family homes.

3.   To improve linkages and accessibility throughout the precinct for spectators and participants via shared pedestrian and cycleway pathways within and to neighbouring medical and educational facilities.

4.   To strengthen economic benefits from increased sports tourism opportunities for regional, state, national and international events.

•     Economic – Broader Economic Implications

There are long term benefits for the local economy through increased tourism by improving the infrastructure of the Coffs Coast Sport and Leisure Park.  A Regional Sports Hub will continue to attract major sporting events and elite training programs. Local athletes will also be able to use the facilities rather than travel to other regional sporting centres.

•     Economic - Delivery Program/Operational Plan Implications

Refer confidential tender report (Attachment 1).

Risk Analysis:

A comprehensive risk assessment has been undertaken across the entire project. There are no specific risk associated with this report.

Consultation:

The project is governed by a steering committee and project team.  A tender assessment team was established to review these tenders.

Related Policy, Precedents and / or Statutory Requirements:

The calling, receiving and reviewing of tenders/quotes was carried out in accordance with Part 7 Tendering Division 1 Preliminary 163 Section 55, Tendering of the Local Government (General) Regulations 2005

Council's Tender Evaluation System has been applied during the quotation review process.

Implementation Date / Priority:

The recommendation can be commenced immediately. The adoption of the recommendation of this report will result in the project progressing with the appointment of the successful tenderer with construction expected to be commenced in June 2021 with the aim to complete the project in early November 2021. The completion of this project is driven by the milestones associated with the grant.

Conclusion:

A thorough tender evaluation program including significant value management has been undertaken with Council’s appointed tender evaluation team for Contract RFT-1170-TO. The tendered price is within the available budget. Timely approval of the recommendation for this tender will enable Council to proceed with the actions mentioned in the confidential attachment.

 


SC21/27       Provision of Telecommunications Infrastructure - Draft Policy

Author:                        Senior Planner / Urban Designer

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC21/27   Planning Approval Requirements for Telecommunications Infrastructure in NSW

ATT2  SC21/27   Draft Provision of Telecommunications Infrastructure Policy

ATT3  SC21/27   Draft Amendment to Table 6 of Community Participation and Engagement Plan

ATT4  SC21/27   Draft Development Control Plan - Amendment No. 23 (Telecommunications Facilities)  

      

 

 

Executive Summary

In response to Council’s resolution of 12 November 2020, a draft Policy has been developed to outline Council’s expectations for the appropriate provision of telecommunications infrastructure in situations where Council has a role in the development process (Attachment 2). To support this policy and achieve good development outcomes in relation to telecommunications infrastructure, draft amendments to Council’s Community Participation and Engagement Plan (CPEP) (Attachment 3) and Development Control Plan (DCP) 2015 (Attachment 4) have also been prepared.

The purpose of this report is to present the draft policy and draft amendments to Coffs Harbour DCP 2015 and CPEP for Council’s consideration and to seek endorsement to undertake community and stakeholder consultation on the draft documents.

 

Recommendation:

That Council:

1.       Endorse, publicly exhibit and carry out stakeholder consultation on the draft Provision of Telecommunications Infrastructure Policy for a minimum period of 28 days in accordance with the Coffs Harbour City Council Community Participation and Engagement Plan (Attachment 2).

2.       Endorse and publicly exhibit the draft amendment to Table 6 of the Coffs Harbour City Council Community Participation and Engagement Plan for a minimum period of 28 days in accordance with Schedule 1 of the Environmental Planning and Assessment Act 1979 (Attachment 3).

3.       Endorse, publicly exhibit and carry out stakeholder consultation on draft Coffs Harbour Development Control Plan 2015 - Amendment No. 23 (Telecommunications Facilities) for a minimum period of 28 days pursuant to Clause 18 of the Environmental Planning and Assessment Regulation 2000 and Schedule 1 of the Environmental Planning and Assessment Act 1979 (Attachment 4).

4.       Consider a further report outlining the outcomes of public exhibition of, and stakeholder consultation on, the draft Provision of Telecommunications Infrastructure Policy, Draft Coffs Harbour Development Control Plan 2015 - Amendment No. 23 (Telecommunications Facilities) and draft amendment to Table 6 of the Coffs Harbour City Council Community Participation and Engagement Plan.

 

REPORT

Description of Item:

At its Ordinary Meeting of 12 November 2020, Council resolved the following:

That Council prepare a draft policy on the appropriate provision of telecommunications infrastructure in the Coffs Harbour Local Government Area. Including:

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

b)   Relevance to previous consultation and input from community and stakeholders.

c)   Recommend changes and amendments to all relevant local planning policies and strategic documents and other recommended actions.

In NSW, most telecommunications infrastructure can be developed without Council consent, however, there are a number of situations where Council has the ability to influence or determine outcomes. This report provides an overview of the regulatory environment governing development of telecommunications infrastructure, including an outline of the situations where Council has some ability to determine or influence development outcomes.

In response to Council’s resolution, a draft Policy has been developed to outline Council’s expectations for the appropriate provision of telecommunications infrastructure in situations where Council has a role in the development approval process (Attachment 2). In accordance with Council’s resolution, this report recommends changes to Council’s relevant local planning controls (DCP) and strategic documents (CPEP) to support the draft policy. This report also provides a discussion on best practice outcomes for telecommunications infrastructure and previous community and stakeholder consultation undertaken as part of development applications for telecommunications infrastructure.

Issues:

·    Telecommunications Infrastructure Impacts

Most telecommunications infrastructure is developed with negligible or no impact on the community or environment. However, development of certain types of telecommunications infrastructure can have adverse impacts if the infrastructure is sited or designed without appropriate consideration of its location, site, surroundings and potential impacts. Generally, the development of new towers to support the delivery of mobile phone and national broadband networks are the most likely to have impacts and cause concerns for the community. This is principally due to the fact that these towers are often tall and highly visible, and sometimes need to be located in proximity to residential areas, schools and other places where people gather. Potential impacts of this type of infrastructure can include: impacts on the scenic character of urban, rural and natural areas; visual impacts on significant view-sheds or view corridors; impacts on the character of the built environment; and impacts on cultural heritage. Telecommunications infrastructure that generates electromagnetic emissions is required to comply with human exposure limits set by the Commonwealth Radiation Protection Standard. Despite this, some members of the community may perceive adverse impacts on human health for those living, working or studying in proximity to these facilities.

·    Best Practice

Telecommunications infrastructure is necessary to provide the modern, efficient and effective communications networks required by community, business and government. Best practice development of telecommunications infrastructure is therefore considered to be where it facilitates effective telecommunications whilst not adversely affecting the community, scenic amenity or visual character, cultural heritage and the natural or built environments. Given that there is a broad spectrum of types of telecommunications infrastructure and development or siting situations, it is difficult to identify any specific examples of best practice development of telecommunications infrastructure.

·    Regulatory Environment

Under the provisions of the Commonwealth Telecommunications Act 1997; Telecommunications (Low-impact Facilities) Determination 2018; and State Environmental Planning Policy (Infrastructure) 2007, most telecommunications infrastructure can be developed without the need for Council consent. This is summarised as follows:

-     Telecommunications infrastructure that is deemed to be a ‘low-impact facility’ under the Commonwealth determination is not subject to State planning laws. This includes: small antennae or dishes; above ground and underground cables; equipment in buildings; and equipment on structures that already exist (e.g. existing poles or towers).

-     Telecommunications infrastructure that can be carried out without consent under State Environmental Planning Policy (Infrastructure) 2007 includes: new antennae on existing facilities; extensions (up to 5 metres in height) to existing towers; and replacement of existing towers.

-     Telecommunications infrastructure that can be carried out as complying development under State Environmental Planning Policy (Infrastructure) 2007 includes: new towers in a rural or industrial zone (not exceeding 30 metres in height in an industrial zone or 50 metres in height in a rural zone) and where located more than 100 metres from a residential zone.

Telecommunications infrastructure that is not determined to be a ‘low-impact facility’ under the Low-impact Facilities Determination 2018 and that does not meet the exempt or complying development provisions under State Environmental Planning Policy (Infrastructure) 2007 requires development consent from Council. Telecommunications infrastructure that often falls into this category includes new mobile phone base station towers in zones other than industrial or rural zones, or where located within 100 metres of a residential zone, or where exceeding permissible heights under State Environmental Planning Policy (Infrastructure) 2007. Council has received fifteen development applications for telecommunications facilities since 2011. Attachment 1 to this report provides an outline of the regulatory framework that applies to telecommunications infrastructure in NSW.

·    Previous Consultation

In response to Council’s resolution, a review of the three most recent development applications for telecommunications facilities received by Council has been undertaken to ascertain feedback received from the community. Feedback on the three development applications (which were all advertised and notified) is summarised as follows:

-     0867/20DA (mobile phone tower at Stadium Drive, Coffs Harbour). Two submissions received; one opposing the development because it is less than 500m from a residential area, the other in support of the development as it will improve telecommunications at the nearby education campus.

-     0698/19DA (mobile phone tower at Hamilton Drive, Boambee East). No submissions received.

-     0285/19DA (mobile phone tower at Solitary Islands Way, Moonee Beach). No submissions received.

A review of community feedback received through the Placescore project did not reveal any particular feedback concerning development of telecommunications infrastructure within the Coffs Harbour LGA, however, visual character of neighbourhoods was mentioned as being important (see further information on this matter in the Placescore section of this report).

The draft Policy and proposed amendments to Council’s local planning controls in relation to telecommunications infrastructure are intended to improve outcomes for the community in relation to the development of telecommunications infrastructure within the Coffs Harbour LGA and will ensure that the community is consulted where Council has a role to play in the approval process and for works on Council owned and/or managed land. Council is, however, not able to assist in approving outcomes for the community for telecommunications infrastructure that does not require development consent and/or consultation with Council.

·    Draft Policy

As most telecommunications infrastructure can be developed without the need for Council consent, there is limited ability for Council to influence or determine telecommunications infrastructure development outcomes. The three situations where Council does have the ability to influence outcomes are:

1.   When consulted by telecommunications providers on proposals for new infrastructure that does not require development consent. State Environmental Planning Policy (Infrastructure) 2007 and Industry Code C564:20202 (Mobile Phone Base Station Deployment) both require proponents of new telecommunications infrastructure facilities to consult with Council about certain proposed development.

2.   When considering proposals from telecommunications providers to site infrastructure on Council owned property or assets. Occasionally telecommunications infrastructure providers may seek to locate infrastructure on Council assets or properties (i.e. water reservoirs). Council currently has approximately 15-20 leases in place for telecommunications infrastructure (for commercial providers) on its property.

3.   When assessing development applications for telecommunications infrastructure that requires Council consent.

In response to Council’s resolution, a draft policy has been prepared for Council’s consideration and is included at Attachment 2 of this report. The draft Policy is intended to identify Council’s expectations for the appropriate provision of telecommunications infrastructure and does this in a way that is cognisant of the regulatory framework governing development of telecommunications infrastructure and Council’s role/responsibilities in relation to this matter. The draft policy has been written to provide guidance to Council when involved in one of the three situations where Council has a role in the development assessment process for telecommunications infrastructure (as identified above). Accordingly, the purpose of the Policy is threefold:

a.   To outline Council’s expectations for the appropriate provision of telecommunications infrastructure where that infrastructure does not require Council consent but on which Council is consulted by the proponent;

b.   To outline procedures that will be employed by Council in assessing development applications for telecommunications facilities (LEP definition) that require Council consent; and

c.   To outline criteria against which Council will consider requests to site telecommunications infrastructure on Council owned or controlled land, facilities or assets.

·    Other Proposed Changes

In response to Council’s resolution, changes to Council’s local planning controls are also proposed to improve Council’s ability to influence or control outcomes associated with telecommunications infrastructure development. The proposed changes are:

1.   An amendment to Council’s CPEP to include telecommunications facilities in Table 6 as development for which development applications are to be advertised. The draft amendment to Table 6 of the CPEP is included as Attachment 3 to this report.

2.   Amendment to Coffs Harbour DCP 2015 to introduce controls to be applied in the assessment of development applications for telecommunications facilities. The draft DCP amendment is included as Attachment 4 to this report. Development applications are currently assessed against principles in the NSW Government publication ‘NSW Telecommunications Facilities Guideline’ however, the introduction of bespoke, local controls is considered prudent to provide Council with criteria to ensure good development outcomes within the Coffs Harbour LGA.

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

Introduction of a policy on the provision of telecommunications infrastructure as well as supporting DCP controls, will equip Council with improved guidance and controls to ensure that proposals for the development of telecommunications infrastructure do not have adverse environmental impacts.

•     Social

Introduction of a policy on the provision of telecommunications infrastructure as well as supporting DCP controls, will equip Council with improved guidance and controls to ensure that proposals for the development of telecommunications infrastructure do not have adverse social impacts.

•     Civic Leadership

The draft Policy and draft DCP controls align with the objectives and strategies of Council’s MyCoffs Community Strategic Plan, which includes a number of strategies and outcomes that have relevance to the development of telecommunications infrastructure, such as: D2.1 We effectively manage the planning and provision of regional public services and infrastructure; and C1.2 We undertake development that is environmentally, socially and economically responsible.

•     Economic – Broader Economic Implications

The draft Policy and draft DCP controls are intended to facilitate the development of telecommunications infrastructure where such infrastructure will not have adverse environmental and/or social impacts. Accordingly, it is considered that the recommendations of this report are unlikely to result in adverse impacts on the broader local economy.

•     Economic - Delivery Program/Operational Plan Implications

The introduction of a Council policy and changes to Council local planning controls in relation to the consideration of telecommunications infrastructure are unlikely to result in any impacts to Council’s Operational Plan or Delivery Program.

Risk Analysis:

Given there is currently a lack of guidance and/or criteria relating to Council’s consideration of telecommunications infrastructure development, there is currently a risk of adverse impacts from such development. Adoption of a policy which provides guidance for decision making, lessens the likelihood of this risk. To mitigate the risk of negative impacts on the telecommunications infrastructure industry, consultation will be undertaken with stakeholders (including telecommunications providers) on the draft Policy and amended local planning controls.

Consultation:

Community and stakeholder consultation on the draft Policy, draft DCP and draft CPEP amendment is proposed to be carried out in accordance with statutory requirements and Council’s CPEP as follows:

Project Stage

Inform

Consult

Involve

Collaborate

Public exhibition of draft Policy; draft DCP and draft CPEP amendment

x

x

Stakeholder consultation

x

x

Council report on public exhibition & consultation

x

Notification of adoption

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. Community feedback received through the Placescore project did not include specific feedback relating to telecommunications infrastructure. Visual character of neighbourhoods was identified as being important in some localities. The recommendations of this report will assist in addressing the community’s priority ‘celebrate and/or protect the topography and landscape’, which was identified during Placescore as an idea for change in a number of localities.

Related Policy, Precedents and / or Statutory Requirements:

There are no existing Council policies that have direct relevance to the draft Policy, development of telecommunications infrastructure or Council’s role in telecommunications infrastructure development. Council has three existing policies that relate to leasing and licencing of Council property however, these all apply to leasing and licencing for community organisations only. Relevant statutory requirements have been complied with in the preparation of the draft Policy, draft DCP and draft CPEP amendment.

Implementation Date / Priority:

Following the conclusion of the public exhibition and stakeholder consultation, the draft Policy, draft DCP and draft CPEP amendment will be reviewed in light of feedback received. A further report will be brought to Council for consideration. There is no statutory timeframe or implementation date for adoption of the draft policy, draft DCP or draft CPEP amendment.

Conclusion:

Council has resolved to prepare a draft policy on the appropriate provision of telecommunications infrastructure. Development of most telecommunications infrastructure can be undertaken without Council consent however, there are three situations where Council can influence development outcomes. A draft Policy has been prepared in response to Council’s resolution to outline Council’s expectations for the appropriate provision of telecommunications infrastructure in situations where Council has a role in the development approval process. Draft amendments to Council’s CPEP and Coffs Harbour DCP 2015 are also proposed to ensure that the community is notified of development applications for telecommunications infrastructure, and that development applications are assessed against comprehensive local development criteria. This report seeks endorsement from Council to undertake community and stakeholder consultation on the draft Policy, draft DCP and draft CPEP amendment.

 


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SC21/28       Development Application No. 0109/21 - Service Station and Signage - Lot 6 DP663907, Lot E DP359664 and Lot C DP380742, 178-180 Pacific Highway, Coffs Harbour

Author:                        Development Assessment Officer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC21/28   Development Application No. 0109/21 - S4.15 Evaluation Report

ATT2  SC21/28   Development Application No. 0109/21 - Plans

ATT3  SC21/28   Development Application No. 0109/21 - Draft Conditions

ATT4  SC21/28   CONFIDENTIAL Development Application No. 0109/21 - Submissions

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

        

 

 

Executive Summary

This report provides an assessment of Development Application No. 0109/21 for a service station and signage at Lot 6 DP663907, Lot E DP359664 and Lot C DP380742, 178-180 Pacific Highway, Coffs Harbour.

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

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

-     Significant public interest and community input;

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

-     Significant land use; and

-     Major environmental issues.

Following public exhibition of the application Council received thirty-five (35) submissions objecting to the development. Accordingly, this matter is reported to Council for determination due to ‘significant public interest and community input’.

 

Recommendation:

That Council:

1.       Approve Development Application No. 0109/21 for a service station and signage at Lot 6 DP663907, Lot E DP359664 and Lot C DP380742, 178-180 Pacific Highway, Coffs Harbour subject to the conditions in Attachment 3.

2.       Advise persons who made a submission on Development Application No. 0109/21 of Council’s decision.

 

REPORT:

Applicant:

Stephen Moore, RCI Group

Landowner:

Moore Projects Pty Ltd and Dr AS Pathak and Mrs JA Pathak

Land:

Lot 6 DP663907, Lot E DP359664 and Lot C DP380742, 178-180 Pacific Highway, Coffs Harbour

Zone:

B6 – Enterprise Corridor

Description:

Service station and signage (including demolition of structures)

Description of Item:

•     The Site

The site is known as 178-180 Pacific Highway, Coffs Harbour. It is located over three lots - Lot 6 DP663907, Lot E DP359664 and Lot C DP380742. The site has frontage to the Pacific Highway, has an area of 1846m2 and is located within the B6 Enterprise Corridor zone under the Coffs Harbour Local Environmental Plan 2013.

•     The Development

The development proposes the demolition of two existing buildings (a dwelling and commercial premises) and the construction of a Mobil service station. The service station will operate 24 hours, seven days a week. It incorporates a canopy over the fuelling area, five underground tanks and bowsers with a storage capacity of 65,000 litres of diesel, ethanol and various unleaded fuels in tanks of 25,000 and 40,000 litres. No LPG will be provided at the service station.

A convenience store with a floor area of 200m2 and associated signage are also proposed. The signage includes a 4.6m high Mobil sign, Mobil canopy signage and 6.5m high ‘P Express’ sign on the convenience store.

The service station incorporates circulation areas (to cater for fuel trucks), 10 on-site parking spaces, air and water fill station and landscaping.

The development has a capital improvement value of $1.7 million.

Plans of the proposed development are provided as Attachment 2 to this report.

Issues:

The main assessment issues for the proposed development are:

-    Compatibility of the 24 hour service station operation with residential development to the rear.

-    Compatibility of service station operation with adjoining small businesses.

-    Design excellence.

-    Primacy of the CBD.

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

Options:

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

2.   Refuse the application and list reasons for refusal.

Sustainability Assessment:

•     Environment

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

•     Social

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

•     Civic Leadership

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

•     Economic – Broader Economic Implications

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

•     Economic - Delivery Program/Operational Plan Implications

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

Risk Analysis:

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

Consultation:

The development was advertised and notified in in accordance with the requirements of State Environmental Planning Policy 33 – Hazardous and Offensive Development and the requirements of the Coffs Harbour Community Participation and Engagement Plan for a period of 30 days and thirty-five (35) submissions were received.

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

Related Policy, Precedents and / or Statutory Requirements:

The statutory instruments relevant to the development include the following:

-    State Environmental Planning Policy (Infrastructure)

-    State Environmental Planning Policy No 33 – Hazardous/Offensive Development

-    State Environmental Planning Policy No 55 - Remediation of Land

-    State Environmental Planning Policy 64 – Advertising and Signage

-    State Environmental Planning Policy (Vegetation in Non-rural areas)

-    State Environmental Planning Policy (Coastal Management)

-    Coffs Harbour Local Environmental Plan 2013

-    Coffs Harbour Development Control Plan 2015.

Implementation Date / Priority:

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

Conclusion:

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

 

 


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