Coffs Harbour City Council

02 June 2021

 

Ordinary Council Meeting

 

The above meeting will be held in the Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour on:

 

Thursday, 10 June 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

 

 

General Manager's Reports

GM21/07         Councillor Policies............................................................................................ 3

Directorate Reports - Business Services

BS21/28          Monthly Financial Performance Report for the Month Ended 30 April 2021................................................................................................................ 22

BS21/29          Cost of Installing a Heating System at the Coffs Harbour War Memorial Olympic Pool.................................................................................... 37

BS21/30          Bunker Cartoon Gallery Inc. - Request for Additional Financial Assistance............................................................................................................. 40

Directorate Reports - Sustainable Communities

SC21/29          Stronger Country Communities Fund - Round 4.................................. 50

SC21/30          NRPP - Development Application No. 0583/21 - Mixed Use Development (Comprising Demolition of Existing Buildings, Construction of Retail Premises (7 shops) and Shop Top Housing (95 Residential Apartments)) - Lot 9 DP 506454, Lot 10 DP 506454, Lot 4 Sec 7 DP 758258, Lot 1 DP 305950, No.15-31 Harbour Drive, Coffs Harbour................... 61

Directorate Reports - Sustainable Infrastructure

SI21/08           Strategic Waste Directions Report....................................................... 120

SI21/09           Details of Environmental Protection Agency Concept................ 195

Questions on Notice

QON21/05      Legal Fees Contesting Contractual Disputes................................... 197


GM21/07      Councillor Policies

Author:                        Governance Coordinator

Authoriser:                  Group Leader Governance

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

Attachments:              ATT1  GM21/07  Draft Councillor Expenses and Facilities Policy

ATT2  GM21/07  Councillor Induction and Professional Development Policy  

 

Executive Summary

Council has reviewed and amended its Councillor Expenses and Facilities Policy and has developed a draft Councillor Induction and Professional Development Policy.  These policies provide details of what resources, facilities and professional development is available to the Mayor and Councillors.  This report seeks:

·     Endorsement to place the draft Councillor Expenses and Facilities Policy on public exhibition for 28 days in accordance with s253(5) of the Local Government Act 1993

·     Adoption of the Councillor Induction and Professional Development Policy

 

Recommendation:

That Council:

1.    In accordance with s253(5) of the Local Government Act 1993, give public notice of its intention to adopt the draft Councillor Expenses and Facilities Policy as attached and allow at least 28 days for the making of public submissions.

1.1.    If nil submissions are received by close of business 9 July 2021 (that being the conclusion of the exhibition period), acknowledge that the advertised draft Councillor Expenses and Facilities Policy will be Council’s adopted Councillor Expenses and Facilities Policy, effective on and as from 9 July 2021; or

1.2.    Should submissions regarding the draft Councillor Expenses and Facilities Policy be received by close of business 9 July 2021, a further report be prepared and submitted for Council’s consideration outlining the details of any submissions received.

2.    Adopt the Councillor Induction and Professional Development Policy.

 

Report

Description of Item:

Council has reviewed and amended the Councillor Expenses and Facilities Policy and developed a draft Councillor Induction and Professional Development Policy. The following sections provide relevant details regarding these policies.

 

Councillor Expenses and Facilities Policy

 

The Councillor Expenses and Facilities Policy (attached) is required by the Local Government Act 1993 (Act) and establishes accountability and transparency in providing facilities, resources and reimbursing expenses incurred by the Mayor and Councillors.  This policy has been amended to reflect the Office of Local Government (OLG) better practice template.  The only significant change in this policy, when compared to the current version, is the establishment of monetary limits for travel, seminars, conferences and professional development for the Mayor and Councillors.

 

Councillor Induction and Professional Development Policy

 

Councils are also required to develop an induction program, as well as an individual ongoing professional development plan for each Councillor and the Mayor.  The draft Councillor Induction and Professional Development Policy (attached) details the development, delivery, evaluation and reporting on the induction and professional development programs provided to the Mayor and Councillors.  This policy is based on the OLGs Model Councillors Induction and Professional Development template policy.

 

This report seeking:

 

·     Endorsement to place the draft Councillor Expenses and Facilities Policy on public exhibition for 28 days in accordance with s253(5) of the Local Government Act 1993.

·     Adoption of the Councillor Induction and Professional Development Policy.

Issues:

There are no major issues identified in association with this report and draft policies.

Options:

1.    That Council adopt the recommendation provided to Council.

2.    That Council make amendments to one or more of the policies and then adopt.

3.    That Council reject the policies provided to Council.  This would mean that the provisions currently adopted Councillor Facilities and Expenses Policy will remain in place.

 

Sustainability Assessment:

•     Environment

There are no environmental issues associated with this report.

•     Social

Policies are an important communication tool used by Council for providing our community and general public detail on strategic aims, commitments and obligations.

•     Civic Leadership

Policies are important for ensuring transparency and accountability in local government.  Their implementation enables Council to identify and respond to the community.  In particular, these policies demonstrate a commitment to ensuring elected Councillors are provided with adequate resources to fulfil their role.  This is consistent with the MyCoffs Community Strategic Plan strategy D.1 Our leaders give us confidence in the future.

•     Economic – Broader Economic Implications

There are no broad economic impacts associated with this report.

•     Economic - Delivery Program/Operational Plan Implications

Setting monetary limits for travel, seminars, conferences and professional development for the Mayor and Councillors is not expected to have a significant Delivery Program/Operational Plan Implications.

Risk Analysis:

There are no perceived risks in the adoption of the attached Code of Conduct Policy and Procedure.

Consultation:

There has been internal consultation in regards to these policies.  It is anticipated that the draft Councillor Expenses and Facilities Policy will be placed on public exhibition for 28 days, with any feedback considered prior to adoption.

Related Policy, Precedents and / or Statutory Requirements:

Section 252 and 253 of the Local Government Act 1993 and Part 8A of the Local Government (General) Regulation 2005.

Implementation Date / Priority:

Immediate.

Conclusion:

That Council adopt the recommendations of this report.

 

 

 


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BS21/28       Monthly Financial Performance Report for the Month Ended 30 April 2021

Author:                        Finance Business Partner

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS21/28   Monthly Financial Performance Report for the Month Ended 30 April 2021  

 

Executive Summary

This report presents the Monthly Financial Performance Report for the month ended 30 April 2021.  The report provides information on the actual to budget position at the financial statement level and capital expenditure reports for the current financial year.  As at 30 April 2021, the budget year to date surplus after capital revenue is $17.7 million with the actual year to date surplus being $19.9 million.

 

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

 

The capital expenditure target for the current financial year is $81.5 million with $43.3 million expended to the end of April 2021.

 

Recommendation:

That Council note the Monthly Financial Performance Report for 30 April 2021.

 

Report

Description of Item:

The Monthly Financial Performance Report provides information on Council’s actual to budget performance.  The report provides accrual based information to Council on a monthly basis and designed to identify and explain any major variances between budgeted and actual results.  These figures are presented on an accrual basis except for rates, which from January 2021 are shown on a cash basis by the month.  This change in presentation more accurately reflects how the actual monthly and YTD operating result is tracking compared to budget.

 

The report includes:

 

Financial Management Summary

·     The net operating deficit, before capital revenue, of $2.3 million is $2.1 million better than the $4.6 million deficit expected.  The actual year to date surplus, after capital revenue, is $19.9 million against a budget of $17.7 million.  Operating expenditure to the end of April is $144.1 million against a budget of $143.6 million.

·     Capital expenses are behind YTD budget expectations with total capital expenditure to the end of April of $43.3 million versus a YTD budget of $49.6 million.  The annual targeted expenditure has been revised from $129 million to $81.5 million as part of the March QBRS for the financial year.  Significant investigation and design work has been undertaken for major projects, which will now allow an acceleration of capital expenditure spend over coming months.  However, the rate of spend has been subject to wet weather impacts.

 

Income Statement

·     This is a comprehensive income statement detailing the monthly performance for April 2021.  This statement compares actual to budget on a monthly and year to date basis at the financial statement level.  In terms of monthly percentages, although some percentages may be large in dollar terms, they have a minor impact on financial performance.  There are individual comments for any monthly and YTD variances greater than 10%.

 

Capital Expenditure Summary and Detailed

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

Issues:

Income Statement commentary as at 30 April 2021 for Year to Date (YTD) variances:

 

Revenue

·     Grants and Contributions: Operating Purposes - Additional contributions have been received for water and sewer connection and repair works and an operating grant for the Rural Fire Service that are not budgeted for. These will be reviewed in June.

 

Expenditure

·     Capital Expenses: Expenditure is lower than expected due to additional rainfall than anticipated, affecting the delivery of projects.

 

 

Income Statement commentary as at 30 April 2021 for Monthly variances:

 

Revenue

·     Interest & Investment Revenue: Timing of the interest receipts are sporadic in nature so it is difficult to budget the timing of these accurately; however, Council is still on track to receive the projected revenue by the end of the year.

 

·     Grants and Contributions – Operating Purposes: Timing of the grants and contributions are sporadic in nature so it is difficult to budget the timing of these accurately; however, Council is still on track to receive the projected revenue by the end of the year.

 

Expenditure

·    Other Expenses: The mix of expenditure types across contracts aren’t always known at the time of budget preparation.  The nature of how these works are completed can impact on where the expenditure type is allocated and therefore can produce some variances.

Options:

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

Sustainability Assessment:

•     Environment

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

•     Social

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

•     Civic Leadership

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

•     Economic – Broader Economic Implications

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

•     Economic - Delivery Program/Operational Plan Implications

The budget year to date surplus, after capital revenue, is projected to be $17.7 million as at 30 April 2021 with the actual year to date surplus being $19.9 million.

Risk Analysis:

There are no risks associated with this report.

Consultation:

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

Related Policy, Precedents and / or Statutory Requirements:

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

Implementation Date / Priority:

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

Conclusion:

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

 

The Responsible Accounting Officer confirms the Monthly Financial Performance Report for the month ended 30 April 2021 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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BS21/29       Cost of Installing a Heating System at the Coffs Harbour War Memorial Olympic Pool

Author:                        Group Leader Financial Services and Logistics

Authoriser:                  Director Business Services

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

Attachments:              Nil

 

Executive Summary

An investigation has been undertaken following Council’s resolution 2021/34 on 11 March 2021 as follows:

 

“That a report be provided to Council outlining the cost of the installation of the most cost effective pool heating system for the outdoor 50 metre pool at the Coffs Harbour War Memorial Olympic Pool and the total lifecycle costs associated with the system.  Including renewable energy."

 

As a result of the investigation it has been determined that the cost to install a heating system at the Coffs Harbour War Memorial Olympic Pool for the outdoor 50 metre pool would be in the order of $530,000 for the works and purchase of the system.

 

To maintain a temperature of 27 degrees Celsius, it is estimated the annual operating cost for the 440 kilowatt system, including electricity, staff time and depreciation is estimated to be $110,000.  Additional estimated revenue to be earned from the increase in the level of service is $35,000, which leaves a net increase in operating expenditure of $75,000 per annum.  There is not sufficient room on site to install renewable energy to be able to run the heating system and all available roof space within the facility already has solar panels installed to offset the current operating costs for the facility.

 

Recommendation:

That the installation of heating for the 50 metre pool at the Coffs Harbour Memorial Olympic Pool be included in a future Delivery Program for consideration including associated funding.

 

Report

Description of Item:

At its meeting on 11 March 2021, Council resolved (Resolution No. 2021/34):

 

That a report be provided to Council outlining the cost of the installation of the most cost effective pool heating system for the outdoor 50 metre pool at the Coffs Harbour War Memorial Olympic Pool and the total lifecycle costs associated with the system.  Including renewable energy.

 

Council staff have investigated the size of system required to facilitate the heating of the outdoor pool and it has been estimated that the minimum size required would be a 440 kilowatt heat pump heating system.

 

Initial estimates for the installation of the system are in the order of $530,000 including a contingency; however, this would be subject to final design and procurement through a tender process.

 

It is also estimated that the annual cost to maintain and operate the system would be approximately $110,000.  This consists of depreciation costs, electricity costs and staff costs.  The estimated additional revenue, which could be expected to be earned due to the increase in level of service, would be approximately $35,000 per annum resulting in a net additional operating cost per annum of $75,000.

 

The additional revenue is expected to be generated predominantly from being able to offer increased learn to swim classes, as a heated outdoor pool will allow more lap swimmers to utilise the outdoor pool during the cooler months, freeing up the indoor pool for additional classes.

Issues:

The installation of such a large electricity consuming heating system within the Coffs Harbour War Memorial Olympic Swimming Pool will require significant upgrades to the incoming mains electricity supply from Essential Energy.  Estimated costs received to undertake this upgrade are in the order of approximately $260,000 including contingency.  This is part of the total cost of $530,000.  This will also require the installation of a pad mount transformer within the carpark to the east of the pool facility, which will have an additional impact of a loss of two to three carparks depending on final design.

 

Currently there is no additional capacity to install additional solar photovoltaic cells at the site as the available space has already been utilised as part of Council’s current solar installation project.  This is already generating electricity savings for the community, which is already taken into account in Council’s future budgets for the facility.

Options:

The Council has two options in regards to the installation of heating for the 50 metre pool in Coffs Harbour as follows:

 

1.   Adopt the recommendation to include consideration of the project in a future Delivery Program; or

2.   Reject the recommendation and note the report.

Sustainability Assessment:

•     Environment

The introduction of a heating system will not have a noticeable difference on the immediate environment surrounding the pool.  The additional usage of approximately 273,000 kilowatt hours of electricity will release the equivalent of 224 tonnes of carbon dioxide into the atmosphere each year if it were to be purchased from sources other than a green energy source.

•     Social

The increased level of service will provide greater opportunity for those utilising the pool within the community to continue the health and well-being activities for a greater period of time throughout the year.

•     Civic Leadership

The provision of public swimming pool services to the community is supported within Council’s MyCoffs Community Strategic Plan, which advocates community wellbeing through the strategy ‘we enjoy safe and inclusive community spaces and activities that bring people together’.

•     Economic – Broader Economic Implications

It is not expected that this decision will have any significant broader economic implications.

•     Economic - Delivery Program/Operational Plan Implications

Should Council resolve to install heating for the 50 metre pool at the Coffs Harbour War Memorial Olympic Pool, it will need identify approximately $530,000 in funding to undertake the installation.  Of this $530,000 it is likely $270,000 would be a capital investment and $260,000 would be expensed as a payment to Essential Energy for upgrade works to the electricity distribution network.  This would have a detrimental impact on the Council’s operating result of $243,000 in the year of installation for this component alone.

 

The Council would also need to allocate an additional $110,000 in expenditure to operate the system whilst also recognising an expected increase in revenue of $35,000 per annum for a net deterioration of the operating result of $75,000 per annum.

Risk Analysis:

There is a possibility that should this project proceed a similar level of service would be expected at Sawtell and Woolgoolga, which would have flow on impacts from a budget perspective.

Consultation:

Many members of the swimming community have written to Council seeking this project to proceed.

 

Consultation in compiling the information for this report has occurred with electrical contractors, suppliers of the heating system and internally between officers.

Related Policy, Precedents and / or Statutory Requirements:

The Coffs Harbour War Memorial Olympic Pool is on a Crown Land reserve which is currently leased to Coffs Harbour City Council for 20 year terms.  The Crown Land Management Act 2016 and Local Government Act 1993 provide the legislative framework for the management of these reserves.

Implementation Date / Priority:

The recommendation is for noting only.  If Council resolves to progress this project, implementation timing will depend on when funds are identified and allocated.

Conclusion:

An investigation has been undertaken into the installation of a heating system at the Coffs Harbour War Memorial Olympic Pool for the 50 metre pool.  It is estimated to cost approximately $530,000 to undertake the installation.  The net annual cost of the operation of the heating system is estimated to be $75,000 which would have a detrimental impact on the operating financial position of the Council.  However, this would be an increase in level of service at the facility for the community.

 


BS21/30       Bunker Cartoon Gallery Inc. - Request for Additional Financial Assistance

Author:                        Group Leader Financial Services and Logistics

Authoriser:                  Director Business Services

MyCoffs:                      A.1 A vibrant and inclusive place

Attachments:              ATT1  BS21/30   BCG Inc. Council Subsidy Request

ATT2  BS21/30   Grant Application Funding Request

ATT3  BS21/30   CONFIDENTIAL Budget Projection Exhibition Opening 2022

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.

ATT4  BS21/30   CONFIDENTIAL Budget Projection Exhibition Opening 2023   

 

Executive Summary

In August 2018 the Council provided support to The Bunker Cartoon Gallery Inc. (BCG Inc.) to progress with an expanded gallery exhibition space and facility to complement the existing Bunker Cartoon Gallery.  The BCG Inc. was successful in obtaining State Government grant funding to undertake the project; however, due to various circumstances, found that the budget estimates used in the grant application were not sufficient to cover the complete project expenditure to ensure completion of the project.  In February 2020, the Council considered a further request from the BCG Inc. to cover unforeseen expenses in conjunction with the project with a total request of $113,000.  Separately to this capital funding request, the BCG Inc. also requested a one off subsidy in the 2020/21 financial year of $100,000 to assist in operating costs in the year of construction of the extensions.

 

Last month a meeting was held with representatives of the BCG Inc. where a further two requests for assistance were made of Council.  The first request is for a Council subsidy of $150,000 per annum to assist with the operation of the gallery for the next two financial years.  The second request is for an amount of $50,000 to cover the preparation of a grant application and associated research for funding to proceed with the project of creating and installing a permanent exhibition showing Australia from 1900 through cartoonists’ eyes and expected to cost approximately $2 million.

 

This report explores the requests of BCG Inc., the previous support given to BCG Inc. by Council in relation to the project and the alignment of the project to Council’s adopted strategic direction, in particular Creative Coffs, Council’s Cultural Strategic Plan 2017-2022.

 

Recommendation:

That Council:

1.   Provide $150,000 in the final 2021/22 Operational Plan as an operational subsidy for the BCG Inc., to be funded from the Strategic Initiatives Reserve, and request a further submission from BCG Inc. in March 2022 to determine if a further operational subsidy is required in 2022/23.

2.   Do not consider providing the $50,000 for the grant application until at least the grant funding source and guidelines are known, and a subsequent report is provided to Council for consideration.

 

Report

Description of Item:

Earlier this year, representatives of the Bunker Cartoon Gallery Inc. sought an opportunity to meet with Council officers to discuss the funding of the Bunker Cartoon Gallery operations.  Mr Paul McKeon and Mr Brian Leiper, representing the BCG Inc. made representations seeking the Council’s support to overcome the unanticipated shortfall in ongoing revenues due to the slower than anticipated delivery of the major permanent exhibition.

 

The request from the BCG Inc. was made in two parts.  The first request (Attachment 1) is in relation to ongoing operations and the need for an operational subsidy for the next two financial years of $150,000 per annum.  The original business plan was to develop the Historic Exhibition while the new building was being constructed so that the new exhibition could open within six months of the new gallery opening.  It was planned that this would provide the necessary cash flow to fund staff and operating expenses.

 

In essence, the first request asks for the Council to provide a total subsidy towards the operations of $300,000 over the 2021/22 and 2022/23 financial year’s period.

 

The second request (Attachment 2) is to provide an amount of $50,000 in funding to cover the preparation of a grant application and associated research to gain grant funding to create and install a permanent historic exhibition showing Australia from 1900 through cartoonists’ eyes.  It is hoped that a successful grant application would provide the approximately $2 million required to design and curate the permanent exhibition, which is central to the business plan the BCG Inc. has prepared to provide for a financially sustainable gallery into the future.

 

When the previous request was presented to the Council in February 2020, the business cash flow forecast provided a budget that showed the subsidy was not required beyond 2020/21.  This has not proven to be the case and the new business cash flow projections (Attachments 3 and 4) shows that the subsidy will now no longer be required beyond the current two-year request; that is, beyond 2022/23.

 

The total of the two requests is for $350,000 in Council funding over the next 2 years.

Issues:

The Council report presented to Council on 9 August 2018 stated as follows:

 

“Whilst the financial projections within the Business Case submitted by BCG Inc. does suggest a move to support the proposal would potentially enable a more sustainable operating environment, i.e. the budget projections through to 2022 do suggest a surplus, there may be some risk associated with reliance on the submitted projections.  The proposed budget continues some reliance on Council subsidy and also seems to rely on operational grant funding, source undefined.  The budget projections are also silent on depreciation of the new facility and associated maintenance costs.  For a building of approximately $1.7m, one could expect an annual maintenance cost in the vicinity of $51,000 per annum and depreciation of approximately $42,500 per annum.  It would normally be expected that the annual operating maintenance associated with a facility of this type, under tenure to an external party, would require that this expense be funded from the operations of the facility.”

 

The Council report presented to Council on 27 February 2020 stated as follows:

 

“The new cash flow forecast does demonstrate that the Gallery is forecast to be in surplus from 2021/22; however, the fundamental issues raised in the preceding paragraph (above) have still not been addressed.  Not addressing these fundamental issues raises a concern regarding the ongoing financial viability of the Bunker Cartoon Gallery operations.”

 

It now appears that some of the issues raised within the 2018 and 2020 reports are coming to fruition.  Council should take this into consideration during its decision making.

 

As a result of the process in August and September 2018, Council committed to providing the following funding:

 

Item

Amount ($)

Cost of preparing and lodging a development application

20,000

Cost to enable preparation and writing of grant application

25,000

Provide matching contribution for historical exhibition research

10,000

Costs towards completion of construction certificate

100,000

Total

$155,000

 

As a result of the resolution in February 2020, Council committed to providing the following additional funding:

 

Item

Amount ($)

Costs towards Essential Energy upgrade costs

63,000

Costs towards water and sewer contributions

41,700

Operations subsidy 2020/21

85,000

Total

$189,700

 

A further request to provide a subsidy of $150,000 in the 2021/22 and 2022/23 financial years has now been made.  The BCG Inc. has provided two scenarios for their three-year Business Cash Flow Projection.  The first is based upon the Historic Exhibition opening in the 2022/23 financial year (Attachment 3) and the second is based upon the Historic Exhibition opening in the 2023/24 financial year (Attachment 4).  Both projections show that the BCG Inc. is forecast to be sustainable into the future; however, as per the report presented to Council in August 2018, this needs to be considered with the fact that the projections again do not account for depreciation, and further, that the forecasts submitted to Council in August 2018 and again in February 2020 have not proved to be an accurate prediction of the future financial performance of the gallery.

 

The Council has previously provided, as outlined above, $10,000 to match $10,000 from the BCG Inc. towards the historical exhibition research.  The further request is asking for $50,000 towards further research and to provide for a grant application to be prepared for submission to an, as yet, unidentified grant program.

 

Creative Coffs, Council’s Cultural Strategic Plan 2017-2022, explores a range of strategies in an endeavour to achieve outcomes designed to achieve an improved cultural environment for the Coffs Harbour community.  BCG Inc. which provides the National Cartoon Gallery, delivers outcomes for the community that align with Creative Coffs.

 

Creative Coffs identified that tourism provides in excess of $434 million to the Coffs Harbour Local Government Area (LGA) economy annually.  It also noted that the Coffs Coast Tourism Strategic Plan 2020 has a focus on attracting more visitors, having them stay in the region longer, spend more locally and stay in localities right across the region.  Whilst beach visits and scenery appreciation are popular, it was identified that broadening opportunities such as cultural activities enhance visitor spend in the Coffs Harbour economy.

 

In preparing Creative Coffs, a range of engagement activities with the community were explored. Feedback from the community highlighted the largest single issue as being “a desire for better arts and cultural venues” and further most consultees felt a “need for further investment in facilities and infrastructure, including improved coordination and communication between existing facilities”.

 

Specifically, the following two strategies within Creative Coffs align with the BCG Inc. offering:

 

Strategy 2.3 – Plan, develop and maintain cultural and community infrastructure, (including facilities and public art) that aligns and supports the goals of the 2030 Plan, a “place making approach” and the Local Growth Management Strategy. Performance Indicator - Increased number of and quality of facilities available for arts and cultural activities.

Strategy 2.6 – Advocate and facilitate, where resources allow, provision of affordable spaces for meeting, rehearsing, presenting, teaching, making and performing (both temporary and permanent). Performance Indicator - Built and outdoor infrastructure is in place to support arts and cultural activity. Net growth of spaces available for arts/cultural purposes.

Options:

The options available to Council to consider in relation to this report are:

1.   Provide $200,000 in the final 2021/22 Operational Plan and $150,000 in the 2022/23 Operational Plan fulfilling the request of BCG Inc., noting that this will have a detrimental impact on the operating performance of the Council.

 

2.   Provide $150,000 in the final 2021/22 Operational Plan and $150,000 in the 2022/23 Operational Plan fulfilling the operational subsidy request of BCG Inc., noting that this will have a detrimental impact on the operating performance of the Council.  Do not consider providing the $50,000 for the grant application until at least the grant funding source and guidelines are known, and a subsequent report is provided to Council for consideration.

 

3.   Provide $150,000 in the 2021/22 operational plan as an operational subsidy for the BCG Inc. and request a further submission from BCG Inc. in March 2022 to determine if a further operational subsidy is required in 2022/23.  Do not consider providing the $50,000 for the grant application until at least the grant funding source and guidelines are known, and a subsequent report is provided to Council for consideration.

 

4.   Not support either of the requests submitted by the BCG Inc.

 

Option 3 is recommended to provide a balance between supporting the National Cartoon Gallery on their sustainability journey and timing Council’s assistance based on current demonstrated need.

Sustainability Assessment:

•     Environment

There are no direct environmental impacts as a result of Council’s consideration of this report.

•     Social

The current Bunker Cartoon Gallery facility provides a range of cultural, artistic, economic and community opportunities for the Coffs Harbour community and its visitors.  The project for an historical exhibition will enhance the cultural and tourism outcomes for the Coffs Harbour community.

•     Civic Leadership

Progressing the BCG Inc. requests would support the objective of the MyCoffs Community Strategic Plan: “A.1 A vibrant, inclusive place – we recognise the need for enhanced cultural precincts, venues and public art within our region”.

•     Economic – Broader Economic Implications

The Issues section states Creative Coffs, Council’s Cultural Strategic Plan 2017-22, has identified that broadening opportunities within the Coffs Harbour LGA, such as cultural activities, enhance visitor spend in the Coffs Harbour economy.  The rationale for this proposition would appear to be that if you provide more ‘product’ within the City, it adds to the diversity of opportunities for new and interesting experiences, thus proving an attraction for visitors and locals alike.  At this stage it is difficult to quantify the dollar value of potential increased economic benefit for the City/Region.

•     Economic - Delivery Program/Operational Plan Implications

The additional requests submitted by the BCG Inc. have not been allowed for in the current draft 2021/22 Operational Plan or budget.  The requests total $350,000. Should Council resolve to adopt the recommendation funding of $150,000 will need to be allocated and this will also reduce Council’s 2021/22 operating result accordingly.  Funding could be allocated from the Strategic Initiatives Reserve, the source used previously for BCG Inc.’s funding requests.

Risk Analysis:

There is a risk that if the Council does not provide additional funding to the BCG Inc. that the gallery may fail to be financially sustainable into the future.  This may result in the facility ceasing to operate, with the facility reverting back to Council’s overall responsibility.  This would mean that a substantial asset would remain on Council’s Balance Sheet, with ongoing depreciation and other costs impacting the Operating Statement, while Council explores some other more sustainable operating approach for the facility.

Consultation:

Consultation has occurred between Council officers and officeholders of the BCG Inc. Internal consultation has also occurred in the preparation of this report.

Related Policy, Precedents and / or Statutory Requirements:

As mentioned earlier in this report, the proposal does align with aspects of the Creative Coffs Strategy.  The only precedent to providing funding in this manner is what has previously occurred with the provision of assistance to the BCG Inc. in February 2020 and August and September 2018.

Implementation Date / Priority:

The recommendation, if adopted by Council, will be implemented immediately.

Conclusion:

There is a risk that should Council not provide some level of assistance to the BCG Inc., the financial sustainability of the National Cartoon Gallery may be compromised.  There is a strong argument that the facility does provide alignment with Creative Coffs and will provide additional cultural experiences for the region.  Given that Council has provided quite considerable assistance in the past, it would seem prudent to provide some assistance to ensure the gallery reaches its potential and has the greatest opportunity to become more financially sustainable.

 


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SC21/29       Stronger Country Communities Fund - Round 4

Author:                        Community Planner

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC21/29   Stronger Country Communities Fund - Round 4 Proposed Projects for Grant Submission  

 

Executive Summary

The NSW Government has committed $100 million through Round 4 of the Stronger Country Communities Fund (SCCF) to support community projects that increase the liveability of regional NSW communities.  This includes up to $50 million for projects that enhance female sporting facilities and increase female participation in sport. Local councils along with community organisations are eligible to apply.

Round Four of the SCCF focuses on women in response to the objectives identified in the NSW Women’s Strategy Three Year Action Plan. By delivering against the key priority areas of health and wellbeing, and participation and empowerment, identified projects should aim to improve the lives of women and girls who live in regional areas.

Council has nominated four projects for funding by Round 4 of the Stronger Country Communities Fund.

 

Recommendation:

That Council endorse the following projects to be submitted to the Stronger Country Communities Fund – Round Four:

1.       Ayrshire Park, Boambee Sports Lighting - grant funding of $165,500.

2.       Hockey Female Change Rooms - grant funding of $495,500.

3.       Woolgoolga Beach Reserve, Carpark, Carrington Street - grant funding of $320,000.

4.       West Coffs Harbour Shared Path, Gundagai Street - grant funding of $223,500.

 

Report

Description of Item:

The NSW Government has committed $100 million to support community projects that increase the liveability of regional NSW communities, including up to $50 million for projects that enhance female sporting facilities and increase female participation in sport, through Round 4 of the Stronger Country Communities Fund (SCCF).  Distribution of these funds is based on population by electorate with an allocation for the Coffs Harbour LGA of $1,220,961.

This round of funding is also open to applications directly from eligible community organisations who will be responsible for delivering the projects if successful.

Applications close on Friday 25 June 2021, with announcement of successful projects in September 2021.  All projects must commence within 6 months of the funding deed being signed, and be completed within 2 years of the project announcement.

In previous rounds of the SCCF, Council has received the following funding:

-     Round 1 - $1,285,717 for 3 projects – Community Facility Activation Upgrades ($606.901), the Refurbishment of the Rugby Park Clubhouse ($156,072) and the Missing Links 5 Footpath Project ($522,744).

-     Round 2 - $1,987,724 for 4 projects – Woolgoolga Beach Reserve Community Hub ($994,355), Woolgoolga Sports Grounds Floodlights ($168,000), Upgrade of Geoff King Motors Oval Sports Lighting ($318,865) and Sawtell and Surrounding Districts BMX Club Track and Facilities Upgrade ($506,504)

-     Round 3 – $365,823 for 2 projects – Sandy Beach Reserve Active Youth Space ($150,000) and Toormina Oval Change Rooms and Storage ($215,823)

The Stronger Country Communities Fund supports projects that deliver local community infrastructure or sporting facilities.  General community amenity projects must be for either:

-     construction of new, or upgrades to existing, local community infrastructure

-     capital works related to street beautification and other public places that promote the health, happiness and wellbeing of the community

-     delivering programs that benefit the local community and provide public benefit

-     infrastructure to assist the delivery of general community programs

-     infrastructure or community projects or programs which improve and promote accessibility and inclusion.

This round has a focus on women in response to the objectives identified in the NSW Women’s Strategy Three Year Action Plan.  Projects under this stream must directly improve and support participation and performance opportunities in female sports at all levels through enhanced infrastructure and programs.

Female sporting related projects must meet one of the areas below:

-     encouraging engagement: The removal of barriers to female participation in sport through the delivery of new or enhanced sporting infrastructure and programs

-     fostering a sense of safety: Improving safety at sporting facilities by ensuring that female change rooms, amenities and recreational programs are appropriately designed

-     improving accessibility: Upgrading sporting facilities to ensure accessibility and inclusion as well as equitable access for female participants

-     boosting capability: Development of programs and facilities which encourage regular female participation.

Council has identified four projects suitable for funding by Round 4 of the Stronger Country Communities Fund:

Project Title

Grant Requested

Ayrshire Park, Boambee Sports Lighting

$ 165,500

Hockey Female Change Rooms

$ 495,500

Woolgoolga Beach Reserve – Carrington Street, Car Park

$ 320,000

West Coffs Harbour Shared Path - Gundagai Street

$ 223,500

Total Funding Requests:

$1,204,500

Issues:

Projects must seek funding of $50,000 or more.  Projects requiring grant funding of more than $1 million will only be considered where there is a confirmed financial co-contribution of at least 25% of the total grant amount. 

None of the nominated projects require a co-contribution by Council.

Due to the tight timeframe of this funding round, it is necessary for applications submitted by Council to be well progressed in terms of planning and demonstrated community consultation, through alignment with Council strategies such as the Delivery Program 2017-2022.

Options:

There are several options that may be considered by Council including:

1.       Adopt the recommendation provided to Council.

2.       Amend the recommendation provided to Council

3.       Reject the recommendation provided to Council. 

Option 1 is the recommended course of action to ensure the applications can be submitted prior to the closing date of 25 June 2021.

Sustainability Assessment:

•     Environment

The projects nominated will need to include a detailed assessment and review of environmental impacts prior to construction.

•     Social

Projects nominated for funding will need to meet project objectives to:

1.       To boost the liveability of communities in regional areas by providing new or upgraded social and sporting infrastructure or community programs that have strong local support

2.       To provide programs or infrastructure that directly improve and support participation and performance opportunities in female sports at all levels through enhanced infrastructure and programs.

•     Civic Leadership

The projects listed for consideration will address the themes detailed in the MyCoffs Community Strategic Plan: We effectively manage the planning and provision of regional public services and infrastructure (D2.1).

•     Economic – Broader Economic Implications

The nominated projects would have positive economic implications during the construction period and also longer term.

•     Economic - Delivery Program/Operational Plan Implications

All nominated projects have relevant strategic alignment and could be undertaken with no detrimental impact to the Delivery Program and adopted Delivery Program Budgets.  Should Council be successful, approved projects will be added to the current Operational Plan at the next available Quarterly Budget Review.

Each of the projects will incur ongoing operational costs:

1.   Ayrshire Park, Boambee Sports Lighting

The new lights will require bulb replacement at 10 years.  Bulb replacement is currently the responsibility of the Ayrshire Park Management Committee (s.355 Committee of Council) and the Boambee Football Club.  This project does also represent a decrease in ongoing repairs and maintenance costs for the Committee and Boambee Football Club, as the current lights require replacement every 3 years.  A 5 year (or 5,000 hours of light) top of pole warranty also applies to the new lights.  The new lights are also expected to achieve a 20-30% reduction in energy costs which will be a significant cost saving to the Boambee Football Club as the facility’s primary user.

2.   Hockey Female Change Rooms

As a leased facility, the operational costs for the hockey facility are the responsibility of Hockey Coffs Coast.  Additional operational costs for new female change rooms are estimated at $1,500 per year including electricity and water charges and servicing of the sewer pump onsite.

3.   Woolgoolga Beach Reserve – Carrington Street, Car Park

Council is responsible for the operational costs for this project, which are estimated at $807 per year.

4.   West Coffs Harbour Shared Path - Gundagai Street

Council is responsible for the operational costs for this project, which are estimated at $612 per year.

Risk Analysis:

The guidelines for the SCCF Program include provisions relating to financial reporting, governance and structured schedule.  A formal acquittal of the grants will be required on completion of the projects.

Council staff will be required to compile, review and lodge all of the applications within a very short timeframe.  As such, there is a risk that the application plans and cost estimates may not be as robust as would normally be the case desired due to these time limitations.  Projects budgets will be reviewed on finalisation of cost estimates and planning prior to submission.

In recognition of the anticipated Deed of Agreement with the NSW Government, there is a financial risk to Council from any financial overspend on any of the projects.

Consultation:

Consultation is an important element of the SCCF Round 4 assessment process.  Council’s identified projects were required to provide evidence of consultation, support and strategic alignment with Council’s Community Strategic Plan or through other adopted strategic Council documentation.

Related Policy, Precedents and / or Statutory Requirements:

The NSW Government has committed this funding to support the development of infrastructure projects within the local government area.  Expenditure of these grant funds by Council will be in accordance with Council’s policies and statutory requirements.

Implementation Date / Priority:

All approved projects must be commenced within 6 months and be completed within 2 years of the announcement of funding by the NSW Government.

Conclusion:

The Stronger Country Community Fund Round 4 is a funding initiative by the NSW Government to assist Councils and community based organisations to deliver important infrastructure projects and community programs within the local government area.  This program enables investment in community infrastructure, with a focus on directly improving and supporting participation and opportunities in female sports through enhanced infrastructure and programs.  It is recommended that Council endorses the identified projects to be submitted in Round 4 of Stronger Country Community Fund.

 


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SC21/30       NRPP - Development Application No. 0583/21 - Mixed Use Development (Comprising Demolition of Existing Buildings, Construction of Retail Premises (7 shops) and Shop Top Housing (95 Residential Apartments)) - Lot 9 DP 506454, Lot 10 DP 506454, Lot 4 Sec 7 DP 758258, Lot 1 DP 305950, No.15-31 Harbour Drive, Coffs Harbour

Author:                        Development Assessment Officer

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC21/30   NRPP Development Assessment Report  

        

 

 

Executive Summary

The purpose of this report is to advise that a development assessment report, prepared by Council, for Development Application No. 0583/21, has been lodged with the Northern Regional Planning Panel.  

The proposed development is for Mixed Use Development (comprising demolition of existing buildings, construction of retail premises (7 shops) and shop top housing (95 residential apartments)).

The estimated cost of construction is $44,369,380. Under State Environmental Planning Policy (State and Regional Development) 2011, developments with a capital investment value of more than $30 million, are required to be determined by the Northern Regional Planning Panel and not Council.

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

 

Recommendation:

That Council note the report.

 

REPORT:

Applicant:

Paynter Dixon Constructions Pty Ltd / Coffs Ex-Services Memorial and Sporting Club Ltd

Landowner:

Coffs Ex-Services Memorial and Sporting Club Ltd

Land:

Lot 9, DP 506454, Lot 10 DP 506454, Lot 4 Sec 7 DP 758258, Lot 1 DP 305950, 15-31 Harbour Drive, Coffs Harbour

Zone:

B3 Commercial Core

Description:

Mixed use development (comprising demolition of existing buildings, construction of retail premises (7 tenancies) and shop top housing (95 residential apartments)

Description of Item:

•     The Site

The subject site is known as 15 - 31 Harbour Drive, Coffs Harbour. The site is comprised of 4 allotments of land with the following characteristics:

Address

Property

Lot Size

Existing Built Form

15 – 21 Harbour Dr

Lot 9, DP 506454

208.7 m2

Single storey commercial premises

Lot 10, DP 506454

663.9 m2

Single storey commercial premises

23 – 29 Harbour Dr

Lot 4, Sec 7, DP 758258

1336 m2

Two storey commercial premises.

31 Harbour Drive

Lot 1, DP 305950

793.7 m2

Single storey commercial premises

The combined site has a frontage to Harbour Drive of 49.4m, a frontage to Vernon Street of 50.5m and a site area of 3002.3m². The development site is shown in the following figure.

•     The Development

The proposed development is for a 13 storey mixed use development consisting of the following development components:

-     Ground floor retail level comprising seven shop (735m²);

-     Four (4) level podium containing residential apartments, car and bicycle parking spaces (154 car parking spaces across three (3) levels and 26m2 of bicycle storage for the retail tenancies, residential dwellings and visitors), plant rooms, loading bays, and storage spaces;

-     Eight (8) levels of residential apartments to the upper level built form to provide a total of 95 residential apartments

-     Communal open space on the podium rooftop.

In addition, the development includes a pedestrian laneway linking Harbour Drive and Vernon Street incorporating various landscaping measures and awnings. The laneway would provide both a publicly accessible thoroughfare for the public as well as direct access to the ground level retail premises which is likely to include cafés and the like. 

The breakdown of residential dwelling mix within the development is as follows:

-     21 x 1 bedroom apartments (22%);

-     65 x 2 bedroom apartments (68.5%); and

-     9 x 3 bedroom apartments (9.5%).

Issues:

•     Regional Planning Panel Determination

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

Schedule 7 (2) of State Environmental Planning Policy (State and Regional Development) 2011 lists general development that has a capital investment value of more than $30 million to be regionally significant development.  The development proposed under Development Application No. 0583/21 has a capital investment value of $44 million.

•     Process for Development Applications Determined by the Regional Planning Panel

Development applications which are determined by the Regional Planning Panel are lodged with Council in the normal manner.  Staff assess these applications following the normal processes, as required by the Environmental Planning and Assessment Act 1979 and Regulations.

Staff then provide a development assessment report, with recommendations, to the Panel for determination.

•     Assessment Report

The Assessment Report is provided to the Planning Panels Secretariat.  The report is placed on the NSW Planning Portal prior to the Northern Regional Planning Panel determining the application.  A copy of the Assessment Report is appended to this report.

Options:

•     The Role of Councillors

A number of operational procedures and fact sheets have been developed by the Regional Planning Panel.  The NSW Department of Planning, Industry and Environment publication titled ‘Sydney District and Regional Planning Panels operational procedures’ and dated August 2020 has relevant sections to clarify Councillors role in applications determined by the Panel.

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

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

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

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

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

Sustainability Assessment:

·     Environment

The purpose of this report is to advise that Development Application No. 0583/21 is scheduled for consideration by the Northern Regional Planning Panel.  Matters relating to the potential environmental impact associated with the proposed development are addressed in the development assessment report appended to this item.

·     Social

The purpose of this report is to advise that Development Application No. 0583/21 is scheduled for consideration by the Northern Regional Planning Panel.  Matters relating to potential social impacts associated with the proposed development are addressed in the development assessment report appended to this item.

·     Civic Leadership

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

·     Economic – Broader Economic Implications

There are no economic implications that will result from Council’s consideration of this matter and adoption of the recommendation.

·     Economic - Delivery Program/Operational Plan Implications

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

Risk Analysis:

Risk analysis matters have been considered.  The recommendation is that Council note the content of this report and adoption of this recommendation will not result in any significant risk to Council.

Consultation:

The development was advertised and notified in accordance with the requirements of the Coffs Harbour Community Participation and Engagement Plan for a period of 14 days.  One submission was received. The one submission supported the proposed development.

Related Policy, Precedents and / or Statutory Requirements:

The process for assessment of development applications is a statutory process defined by the Environmental Planning and Assessment Act 1979.  This includes the statutory provisions which determine that the application will be determined by the Northern Regional Planning Panel.  A number of operational procedures, which have been developed by the Northern Regional Planning Panel, specify procedural matters for the Panel and its decisions.

The statutory considerations with respect to assessment of the development application have been addressed in the development assessment report that is appended to this item

Implementation Date / Priority:

At the time of completing this report, the Northern Regional Planning Panel had advised Council this application will be considered on the 23 or 24 June 2021.

Conclusion:

This report provides some detail of Development Application No. 0583/21 and the process of consideration of the application by the Northern Regional Planning Panel.

 

 


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SI21/08         Strategic Waste Directions Report

Author:                        Director Sustainable Infrastructure

Authoriser:                  Director Sustainable Infrastructure

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

Attachments:              ATT1  SI21/08    Potential Expansion Options Advice – Englands Road Landfill Facility Coffs Harbour New South Wales

ATT2  SI21/08    Planning Pathways Assessment and Advice – Potential Expansion of Englands Road Landfill  

 

Executive Summary

The purpose of this report is to provide information related to the future of the Englands Road landfill operation for the consideration of Council.

Environmental Management consultancy Gilbert+Sutherland was engaged to complete an assessment of the Englands Road landfill site. Gilbert+Sutherland has since submitted their findings in a paper titled Potential Expansion Options Advice – Englands Road Landfill Facility Coffs Harbour New South Wales (the Options Report – Attachment 1 to this report). The Options Report explored whether the creation of additional volume capacity within the existing landfill site was feasible and, if so, to what extent it would increase the expected lifespan of the landfill capacity.

The Options Report identified a total of seven (7) potential volume expansion options. This list of identified options was reduced to two (options ‘3’ and ‘6’ in the Gilbert+Sutherland Options Report) through a further process of critical analysis to arrive at the two most feasible options which best acknowledged the known constraints and future predictions related to the Coffs Coast waste streams and systems. The two options which were selected through this process are henceforth referred to as Scenario A and Scenario B.

In summary:

·        Scenario A involves a proposed increase in the ultimate height of the landfill cell whilst staying within the limits of the existing landfill footprint.  This option provides landfill volume capacity sufficient for approximately a further 6 years of operation in addition to current capacity.

·           Scenario B involves a proposed increase in both the height and footprint of the existing landfill. This option creates additional landfill volume capacity sufficient for approximately a further 12 years of operation in addition to current capacity.

Recommendation:

That Council:

1.    Note the Expansion Options Report and the Planning Pathways Assessment and Advice Report as attached to this report.

2.    Provide Owner’s Consent for the purpose of submitting a Development Application with the objective of increasing the final height of the Englands Road landfill from 32 metres above Australian Height Datum to approximately 42 metres above Australian Height Datum.

3.    Note that community and relevant agency consultations would take place via both the planning pathway processes and Council’s broader Community Participation and Engagement Plan if point 2 above is endorsed.

4.    Note that a Probity Plan will be enacted and employed throughout the process if point 2 above is endorsed.

 

Report

Description of Item:

The Englands Road Waste Management Facility (the Landfill) is located at 31A Englands Road, North Boambee Valley (Lot 32, DP 1090175). The Landfill adjoins two other key facilities on the co-located sites being – the Biomass Solutions Alternate Waste Treatment facility; and the Handybin Materials Recovery facility.

The CHCC-operated Landfill facility includes a range of ancillary operations related to managing municipal waste such as weighbridge operations, bulk waste oil storage, hazardous waste storage, refrigeration degassing, recycled metals stockpile, for example.

The Landfill has operated from at least the early 1960’s and is currently licenced to accept four categories of waste:  Municipal Solid Waste (MSW) which includes domestic waste including self-hauled, Commercial and Industrial (C&I) Waste including waste from charities, Construction and Demolition (C&D) Waste including asbestos, and clean fill for “daily”, “intermediate”, and “final” sealing covers over the landfill.

The landfill currently receives approximately 36,000 cubic metres of MSW, C&I, and C&D waste each year.  A further approximately 9,000 cubic metres of space is taken up by the required “cover material”, per annum.

There is in the order of 130,000 cubic metres of landfill space still available under the existing Development Consent which currently conditions a landfill height limit of approximately 32m above the Australian Height Datum (AHD).

This would imply, assuming no changes to waste streams, volumes or recovery rates, that the current landfill capacity will expire towards the end of 2023 approximately.

Issues:

Following the narrowing of all options identified by Gilbert+Sutherland into Scenarios A and B, a further independent body of work titled Planning Pathways Assessment and Advice – Potential Expansion of Englands Road Landfill (the Pathways Report), Coffs Harbour City Council Harbour (Attachment 2 to this report) was completed by consultancy GeoLINK.

The purpose of Pathways Report was to identify the appropriate planning and approvals pathways which would attend either or both of Scenarios A and B if either were to be progressed.

In summary, the Planning Report identifies that:

·        Scenario A (an increase of the planned height of the landfill from 32m to 42m above Australian Height Datum (AHD) within its existing footprint) may entail a Modification Application to amend the existing Development Consent for the landfill; whilst,

·        Scenario B (an increase of the planned height of the landfill from 32m to 47m above the Australian Height Datum (AHD) on an expanded footprint would entail a new Development Application process.

Options:

This report requests that Council endorse the recommendation that an appropriate planning application now be compiled and submitted in order to increase the existing height limit from 32m AHD to approximately 42m AHD – that is, Scenario A in the Planning Report should be now pursued.

Council’s principal options in considering this recommendation are:

1.       Adopt the recommendation that Scenario A be pursued - which will initiate a body of work resulting in the submission of a planning application to raise the final planned height of the landfill cell.

2.       Decline the recommendation – which will result in the existing Development Consent, which limits the future height of the landfill to 32m AHD, remaining as the status quo and result in an extinguishment of landfill capacity at Englands Road by approximately the end of 2023. This will not maximise the existing potential of the site.

3.       Amend the recommendation and initiate a different course of action.

Sustainability Assessment:

•        Environment

The planning process provides the procedural mechanisms by which any potential environmental impacts and risks which may arise as a result of the proposed project are identified and addressed.

•        Social

The planning processes provide the procedural mechanisms by which any potential social impacts and risks which may arise as a result of the proposed project are identified and addressed.

•        Civic Leadership

The continued operation of municipal waste systems is a regulatory function of local government with in NSW.

•        Economic – Broader Economic Implications

The final closure of the Landfill at the Englands Road site requires Council to adopt one of two alternate and possibly exclusive threshold strategies:

-        Construct a replacement landfill within the Coffs Harbour Local Government Area for the purposes of landfilling residual waste; or

-        Construct a Long Haul Waste Transfer Station for the purpose of transporting residual waste to a remote landfill or alternate treatment facility such as Waste to Energy for example if such an option becomes available in the future.

The recommendation in this report, which is to increase the capacity and longevity of the existing landfill, effectively defers future capital investment for a replacement for the Englands Road landfill whether that be a replacement landfill option within the Coffs Harbour Local Government Area, or a Long Haul Transfer Station.

As a consequence, the recommendation provides the time and space for further strategic considerations to take place regarding a post-Englands Road landfill future and ensures a long term waste management solution that presents the best value for money for Coffs Harbour.

•        Economic - Delivery Program/Operational Plan Implications

The current height limit which applies via the existing Development Consent (No. 247/15) to the Englands Road landfill is 32m AHD. The landfill is increased in height until it reaches that limit by minor increments on a daily basis as a consequence of the normal operations and landfilling methods conducted there.

Past and current operational budgets (and expected future budgets) of the landfill therefore already include the costs of ‘landfill height raising’.  In this sense there are no additional DP/OP implications flowing from the recommendation.

Beyond that, the assessed costs of undertaking a planning application process are available within existing and expected budgets.

Risk Analysis:

Risks related to the proposed project are primarily those related to the level of community acceptability towards the continuing operations of the Englands Road landfill site and the regulatory deliberations of both the planning assessment and environmental licencing processes.

The Pathways Report discusses the extent to which Scenario A meets the elements of a development which may enable it to be dealt with via a Modification Application rather than as a new Development Application.

In considering that issue it is acknowledged that both of those planning processes are substantively similar in their execution. It is also acknowledged that whether or not Scenario A is “substantially the same development” as was approved under the original Development Consent 247/95, is a somewhat risky subjective judgement and open to future challenge.

For those reasons it is recommended that the appropriate planning pathway for Scenario A is a new Development Application rather than a Modification.

In cases where Council may be required to separately act in both developer and consent authority roles it is appropriate to employ a documented set of governance protocols which are designed to manage the risks which may arise and to ensure those participating are appropriately protected from real or perceived conflicts of interest. In this particular case a Probity Plan will be implemented for those purposes.

Consultation:

The planning process provides the procedural mechanisms by which regulatory-driven consultation with potentially impacted parties and external authorities is conducted and by which identified issues are raised and addressed.

 

Subsequent to that level of consultation Council will additionally employ its more usual Community Participation and Engagement Plan (CPEP) activities across a broader front.

Related Policy, Precedents and / or Statutory Requirements:

The landfill operates under an existing Development Consent No. 247/95.

The landfill operates under a licence issued by the NSW Environment Protection Authority – POEO Licence No. 6267 Waste Disposal Facility.

Implementation Date / Priority:

Immediate.

Conclusion:

The Englands Road landfill has a natural lifespan which is a product of the finite volume of airspace which is created by raising the bund walls which define the existing footprint to an ultimate height limit of 32m AHD; and the rate at which that volume is consumed by waste placed within the landfill.

This proposal to increase the height of the landfill maximises the use of the latent environmental, technical, social and economic opportunities still available at the landfill site.

The recommendation contained in this report, if adopted, is assessed to extend the ultimate demise of the Englands Road landfill from late 2023 out to approximately 2029 at current rates of volume consumption.

 


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SI21/09         Details of Environmental Protection Agency Concept

Author:                        Director Sustainable Infrastructure

Authoriser:                  Director Sustainable Infrastructure

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

Attachments:              ATT1  SI21/09    CONFIDENTIAL Confidential Report

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.

ATT2  SI21/09    CONFIDENTIAL Deed of Agreement  

ATT3  SI21/09    CONFIDENTIAL Acting General Manager Email to Councillors - 30 April 2021   

 

Executive Summary

This report provides information relevant to an opportunity provided by the NSW Environment Protection Authority. The report necessarily includes privileged legal advice and analysis.

 

Recommendation:

That Council resolve the recommendation provided in the confidential attachment.

 

Report

Description of Item:

Council has recently been in communication with the Environmental Protection Agency (EPA). This has led to the EPA presenting Council with a concept for consideration. The details of this are sensitive and are contained within the Confidential Attachment.

Issues:

Due to the sensitive nature of the concept, the details are required to remain confidential.

Options:

Options available to Council are detailed within the Confidential Attachment.

Sustainability Assessment:

•     Environment

It is anticipated that the concept within the Confidential Attachment will have positive sustainable environmental outcomes.

•     Social

It is anticipated that the concept within the Confidential Attachment will have a social benefit.

•     Civic Leadership

Council has assessed that the concept within the Confidential Attachment demonstrates Civic Leadership.

•     Economic – Broader Economic Implications

It is expected that the concept within the Confidential Attachment will have a positive Broader Economic impact.

•     Economic - Delivery Program/Operational Plan Implications

The impacts on the Delivery Program/Operational Plan are detailed within the Confidential Attachment.

Risk Analysis:

The risks associated with the concept are detailed with the Confidential Attachment.

Consultation:

The consultation regarding the concept are detailed within the Confidential Attachment.

Related Policy, Precedents and / or Statutory Requirements:

Not applicable to this report.

Implementation Date / Priority:

Immediate.

Conclusion:

It is recommended that Council adopt the recommendation within the Confidential Attachment.

 


QON21/05    Legal Fees Contesting Contractual Disputes

Author:                        Group Leader Governance

Authoriser:                  General Manager

Attachments:              ATT1  QON21/05        Legal Advice re Briefing Note

ATT2  QON21/05        CONFIDENTIAL Briefing Note

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.  

 

The following question on notice was received from Councillor Amos.

Question

“In this term of council, what is the amount that has been spent to date in legal fees contesting contractual disputes with our current waste services provider?”

Response

A confidential Briefing Note providing this information was issued to Councillors on 26 May 2021. The same information is provided in the confidential attachment to this report.

The legal advice attachment (provided as an open access document) contains advice from Council’s legal advisors regarding the public release of this information in light of the Arbitration Rules.

The advice states:

At a practical level, we query the utility and prudence of releasing a global figure in circumstances where there would be no context to the release of that information (such as the value of the dispute, the gravitas of the service contract and the outcome achieved, having regard to the amount expended).

Should Council wish to release the total legal fees information, it is suggested that a resolution to this effect should occur, given the advice from Council’s Solicitors.

 


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