Coffs Harbour City Council

15 September 2021

 

Ordinary Council Meeting

 

The above meeting will be held in the Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour on:

 

Thursday, 23 September 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

BS21/54          Bank and Investment Balances for August 2021.................................... 3

BS21/55          Rent Relief Due to Impact of Covid-19 Restrictions - Leasing and Licensing................................................................................................................ 25

BS21/56          Funding of Emergency Services' Facilities............................................ 43

Directorate Reports - Sustainable Communities

SC21/51          Draft Middle Creek Flood Study and Draft Middle Creek Floodplain Risk Management Study and Plan - Pre-Exhibition............................... 45

SC21/52          Planning Proposal PP-2021-2954 - Application to Amend Coffs Harbour LEP 2013 to Rezone Land - Lot 1 DP 360716 & Lot 15 DP 7956, No. 288-294 Coramba Road, Coffs Harbour - Post Exhibition................. 279

SC21/53          Planning Proposal PP-2021-2434 - Application to Amend Coffs Harbour LEP 2013 to Reduce the Minimum Lot Size - Lot 190 DP 838520, No. 1555 Bucca Road, Nana Glen - Post Exhibition............................... 383

SC21/54          Development Application No. 1082/21 - General Industry (Alterations to Raise the Height of an Existing Shed and Addition of New Shed) - Lot 46 DP 1127854, 39 industrial Drive, North Boambee Valley...... 554

SC21/55          Coffs Harbour Entertainment Venue Scoping Study - Functional Brief....................................................................................................................... 588

SC21/56          Library RFID Equipment Procurement.................................................... 633

Directorate Reports - Sustainable Infrastructure

SI21/20           Woolgoolga Public School - Parking and Drop Off Areas.......... 637

SI21/21           RFT-1392-TO Provision of Under-Road Boring Services (Panel Supply) Tender Award Recommendation................................................................ 642

SI21/22           Addition of Supplier to Contract No. RPT-1229-TO - Provision of Bulk Water Treatment Chemicals (Regional Procurement Tender No. REGPRO022021)..................................................................................................... 645


BS21/54       Bank and Investment Balances for August 2021

Author:                        Section Leader Financial Planning

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS21/54   Investment Performance Report for the Month Ended 31 August 2021  

 

Executive Summary

Council’s Bank Balances and Investments as at 31 August 2021 totalled $252,909,524.75.  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 $252,909,524.75 (including from loans, Developer Contributions and other avenues that form the restricted accounts and are committed for future works) as at 31 August 2021.

 

Report

Description of Item:

A copy of the state of Bank Balances and Investments as at 31 August 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 $252,909,524.75 as at 31 August 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 2021 was attributable to external restrictions, internal restrictions and unrestricted funds as follows:

 

Fund

$000

External Restrictions

139,150

Internal Restrictions

110,426

Unrestricted

4,467

Total

254,043

 

Final draft calculations have been carried out to determine external and internal restrictions for the year ended 30 June 2021 during End of Financial Year Financial Statement preparation.  These amounts are included in Noted C1-3 of the draft Annual Financial Statements presented to Council on 26 August 2021.

 

External restrictions account for over 55% 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 31 August 2021.

 

 

The following line graph shows the rolling trend of Council’s bank balance and investment totals for a period of 13 months to 31 August 2021.

 

 

 

 

Reports written by Laminar Group Pty Ltd (Council’s investment portfolio advisors), which examine economic and financial markets data for August 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 31 August 2021, it is noted that the total bank and investment balance was $252,909,524.75 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 2021.

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.

 

 

 



















BS21/55       Rent Relief Due to Impact of Covid-19 Restrictions - Leasing and Licensing

Author:                        Property Officer Leasing and Licensing

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS21/55   National Cabinet Mandatory Code of Conduct SME Commercial Leasing Principles

ATT2  BS21/55   Retail and Other Commercial Leases (COVID-19) Regulation 2021 - NSW Legislation  

 

Executive Summary

Coffs Harbour City Council’s Local Government Area has been recently subject to the broader regional NSW Stay at Home orders due to the ongoing COVID-19 pandemic.  This has had an adverse impact on commercial operators within the area, some of which currently lease or licence property from Council.

 

Council has previously resolved to assist lessees and licensees in different ways as part of a range of methods to assist members of the community affected by such restrictions.

 

Further assistance is now being requested from lessees and licensees during these difficult times, and it is recommended that an online system be implemented inviting lessees and licensees to complete and submit an application for rent abatement in line with the NSW Government’s Retail and Other Commercial Leases (COVID-19) Regulation 2021.

 

Whilst it is not anticipated the impact is as severe for those tenants who receive funding from other Government bodies or community groups who pay a statutory minimum, it would be prudent at this time for this resolution to cover any tenants who can evidence adverse impact due to the restrictions, on a case by case basis.

 

Recommendation:

That Council:

1.    Request commercial and community tenants to provide information to Council to enable a case by case assessment to be made in accordance with the Retail and Other Commercial Leases (COVID-19) Regulation 2021 and the General Manager be delegated authority to determine the level of assistance from the Council as outlined in this Regulation for the period equivalent to the length of time the Stay at Home Public Health Orders were in force.

2.    When giving consideration of rental rebates, the assessment be backdated to the commencement of the Stay at Home Orders issued 14 August 2021 until the end of the Stay at Home Orders on 11 September 2021.

3.    Extend delegated authority to the General Manager until 31 December 2021 to consider further assistance should Public Health Orders be amended so as to result in a further impact on tenancies.

 

Report

Description of Item:

Council provides leasing and licensing for Council owned or managed property to external parties.  This function performs an important role in the Coffs Harbour community to both allow businesses and community groups to operate and to provide an income to Council from the Assets under management.

 

Council has previously resolved to provide rental abatement assistance during past periods of similar impacts in recognition of the hardship faced and the Regulations being put in place by State and Federal Governments.

 

Council has now been receiving requests once again from those tenants affected by the recent Public Health Orders who are both grateful and acknowledge the help Council has previously provided, and are asking yet again for consideration for assistance in these current circumstances.

 

In August 2021, when it became apparent NSW was facing a further serious outbreak of COVID-19, the National Cabinet reintroduced the National Cabinet Mandatory Code of Conduct SME Commercial Leasing Principles (Attachment 2) to mandate rent relief for eligible tenants impacted by COVID-19.

 

The Retail and Other Commercial Leases (COVID-19) Regulation 2021 (Attachment 1) was extended until 13 January 2022 and requires landlords to renegotiate rent having regard to National Cabinet’s Code of Conduct.  The Code of Conduct requires landlords to provide rent relief in proportion with their tenant’s decline in turnover.  Of the rent relief provided, at least 50 per cent must be in the form a waiver, and the balance a deferral.

 

It is acknowledged that there is financial assistance offered to impacted commercial operators by both the NSW Government and the Federal Government by way of business grants and Jobsaver payments.  Council’s tenants would be asked to provide information on their eligibility and application for other Government assistance which would contribute to the basis for determination of the level of assistance Council may provide.

 

The recommendation is for Council to provide assistance in line with the Code of Conduct SME Commercial Leasing Principles and the Retail and Other Commercial Leases (COVID-19) Regulation 2021, as assessed from submission of an online form, together with supporting evidence to those tenants who identify as impacted.

 

It is anticipated the level of financial impact of this Council provided assistance, depending on the assessment, could be up to approximately $150,000.

Issues:

The situation with COVID-19 is constantly changing and it is considered reasonable that Council should undertake an assessment of all tenants who seek a rent waiver or deferral in line with the Retail and Other Commercial Leases (COVID-19) Regulation 2021 which incorporates the National Cabinet Mandatory Code of Conduct SME Commercial Leasing Principles.

 

There is an issue with not providing assistance to those impacted Lessees and Licensees, which may result in the closure of business operations within the community and a high vacancy rate for Council owned and managed property.  There have already been several licences not renewed do to the uncertainty of ability to meet fee commitments.

Options:

The following options are available for Council’s consideration:

 

1.    Adopt the recommendation.

2.    Provide a set rent waiver for tenants identified as commercial operators across the board without requirement for application.

3.    Reject the recommendation, noting that such a course of action would put Council in breach of the Mandatory Code.

Sustainability Assessment:

•     Environment

There are no environmental impacts from the information contained in this report.

•     Social

The social impacts of the COVID-19 pandemic will be felt for some considerable time into the future.  Providing assistance to the community during this time is considered necessary to lead the community through the crisis and into the recovery phase.

•     Civic Leadership

The Coffs Harbour community continues to deal with the effects of the COVID-19 pandemic.  Council is in a position to provide support and leadership to our community and assist lessees and licensees through the provision of negotiated rental rebates.

•     Economic – Broader Economic Implications

By putting in place the recommended assistance in our community, the groundwork is laid to allow those parts of our community to recover in the short to medium term.  It is important that all levels of Government provide some measure of financial assistance to allow this recovery to occur as soon as possible.

 

However, it is also important for Council to remain financially capable to continue to provide ongoing service delivery to support the entire community.

•     Economic - Delivery Program/Operational Plan Implications

The cost of any rental relief as a result of the COVID-19 pandemic has not been budgeted for in the current Delivery Program and would have a detrimental impact on the Delivery Program and Operational Plan for the 2021/22 financial year.  The financial impact on the budget from the recommendation in this report is estimated to be from nil to $150,000.

Risk Analysis:

There is a risk that should Council not provide the assistance outlined within this report that some community groups and businesses that occupy Council owned and managed properties may not be able to continue trading during or at the conclusion of the Covid-19 pandemic restrictions.  This would not only be detrimental to those businesses but also to Council with a higher level of vacancy of rental properties into the future.

Consultation:

-      Other Local Government property teams within NSW

-      NSW Health authorities

-      Relevant internal Council Staff

Related Policy, Precedents and / or Statutory Requirements:

-      National Cabinet Mandatory Code of Conduct SME Commercial Leasing Principles During COVID-19 (Attachment 2)

-      Retail and Other Commercial Leases (COVID-19) Regulation 2021 NSW (Attachment 1)

Implementation Date / Priority:

Should Council resolve to adopt the recommendation within this report, it will be implemented with immediate effect and communicated to the relevant parties without delay.

Conclusion:

This report provides for a further measure of financial relief for Council’s consideration relating to rental abatements as per the National Cabinet Mandatory Code of Conduct SME Commercial Leasing Principles During COVID-19.

 
















BS21/56       Funding of Emergency Services' Facilities

Author:                        Director Business Services

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS21/56   CONFIDENTIAL Emergency Services Facilities Report

Confidential in accordance with Section 10A(2)(d)(ii) of the Local Government Act as it contains information that would, if disclosed, confer a commercial advantage on a competitor of the council.

ATT2  BS21/56   CONFIDENTIAL Letter Emergency Services Facilities   

 

Executive Summary

This report is provided for Council to consider the funding and associated arrangements of Emergency Services Facilities located in the Coffs Harbour City Council Local Government Area.  Discussions to date have been confidential and are subject to agreement with the NSW Government.

 

Recommendation:

That Council consider and adopt the motion in the Confidential Report (Confidential Attachment 1).

 

Report

Description of Item:

There are a number of emergency services’ facilities within the Coffs Harbour City Council Local Government Area (LGA).  These provide essential response and operational facilities to service Coffs Harbour and, in some cases, the broader region. Council has recently received a request from the NSW State Government in relation to future funding of facilities located in the LGA.  Further details of the request are contained in Confidential Attachments 1 and 2.

Issues:

The issues associated with this matter are discussed in the Confidential Report (Confidential Attachment 1).

Options:

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

 

1.    Adopt the recommendation in the Confidential Report.

2.    Reject the recommendation in the Confidential Report.

Sustainability Assessment:

•     Environment

The provision of emergency services’ facilities and their location follow the normal application and evaluation processes.

•     Social

The provision of emergency services’ facilities provides the community with the necessary resources and infrastructure to provide response and operational capability to help keep the community safe when incidents and disasters occur.

•     Civic Leadership

Working with NSW State Government departments and agencies ensures that more optimum emergency services support is delivered for the LGA and region.

•     Economic – Broader Economic Implications

The provision of emergency services’ facilities in the LGA support direct and indirect employment and greater emergency capacity.

•     Economic - Delivery Program/Operational Plan Implications

The Delivery Program/Operational Plan impacts are discussed in the Issues Section of the Confidential Report (Confidential Attachment 1).

Risk Analysis:

The risks associated with this matter are discussed in the Confidential Report (Confidential Attachment 1).

Consultation:

For a number of months there have been informal discussions between Rural Fire Service (RFS) and Council officers on this matter.  The Rural Fire Service Deputy Commissioner, Kyle Stewart, briefed Councillors on 14 September 2021.

Related Policy, Precedents and / or Statutory Requirements:

·    Emergency Services Service Level Agreements

Implementation Date / Priority:

Council’s resolution on this matter will be expedited and implemented through agreements with the NSW State Government.

Conclusion:

This report provides Council with the opportunity to consider and support the funding and associated arrangements of Emergency Services Facilities located in the Coffs Harbour City Council Local Government Area.

 

 


SC21/51       Draft Middle Creek Flood Study and Draft Middle Creek Floodplain Risk Management Study and Plan - Pre-Exhibition

Author:                        Senior Waterway Engineer

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC21/51   Draft Middle Creek Flood Study

ATT2  SC21/51   Draft Middle Creek Floodplain Risk Management Study and Plan

ATT3  SC21/51   Draft Updated Flood Mapping Datasets

ATT4  SC21/51   Draft DCP 2015 Amendment No. 28 - Minor Amendment  

 

Executive Summary

Previous flood studies have been undertaken in the Middle Creek catchment, however they are now over 20 years old. The draft Middle Creek Flood Study provides a new flood model for the Middle Creek catchment that incorporates advances in numerical modelling techniques and technology, updated topographic survey and rainfall data, and a major update to the national guideline for flood estimation (Australian Rainfall and Runoff) (Attachment 1). The draft Middle Creek Floodplain Risk Management Study and Plan provides a detailed assessment of the impact of flooding on the community and evaluates a range of management options to control or mitigate flood risk (Attachment 2).

As the new flood study and floodplain risk management study has redefined the 1% Annual Exceedance Probability (AEP), also known as the 100-year Annual Recurrence Interval (100 year ARI) flood extent and Flood Planning Area for the Middle Creek catchment, Council’s online flood mapping datasets need to be updated. The update to these datasets also includes some minor housekeeping updates to the 1% AEP (100 year ARI) flood extent, the Flood Planning Area and the Indicative Planning Area in other areas of the LGA to improve the accuracy of the mapping.

This report recommends that Council place the draft Middle Creek Flood Study, draft Middle Creek Floodplain Risk Management Study and Plan, and draft updated Flood Mapping Datasets and nomenclature changes (Attachment 3), on public exhibition.

As a consequence of the completion of the Middle Creek Flood Study, a minor amendment is also required to Part E4 Flooding of Coffs Harbour Development Control Plan (DCP) 2015. Therefore, this report also recommends that Council place the draft Coffs Harbour DCP 2015 – Amendment No. 28 (Middle Creek Flood Study) (Attachment 4) on public exhibition. Finally, the report also recommends that the outcome of the public exhibition is reported to Council at a future meeting.

Recommendation:

That Council:

1.       Place the draft Middle Creek Flood Study (Attachment 1) and draft Middle Creek Floodplain Risk Management Study and Plan (Attachment 2) on public exhibition for a period of 28 days.

2.       Place the draft updated Flood Mapping Datasets (Attachment 3) on public exhibition for a minimum period of 28 days.

3.       Place the draft Coffs Harbour Development Control Plan 2015 – Amendment No. 28 (Middle Creek Flood Study) (Attachment 4) on exhibition for a minimum period of 28 days.

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

 

Report

Description of Item:

The NSW Government’s Flood Prone Land Policy requires that the management of flood liable land remains the responsibility of local government. The NSW Government subsidises flood mitigation works to alleviate existing problems and to provide specialist technical advice to assist councils in the discharge of their floodplain management responsibilities. Under this process, councils must prepare a Flood Study followed by a Floodplain Risk Management Study (FRMS) and Floodplain Risk Management Plan (FRMP). Once a flood study and plan is completed and adopted, councils can then seek funding from state and federal governments to implement the Plan.

Middle Creek is located about 6 kilometres south of Coffs Harbour and is a tributary of Bonville Creek, which flows into the Tasman Sea at Sawtell. The Middle Creek catchment covers a total area of approximately 6.3km2, including the urban areas of Sawtell and Toormina. Previous flood studies have been undertaken in the Middle Creek Catchment, however they are now over 20 years old. The Bonville Creek Flood Study was completed in 1995, and only incorporated the portion of Middle Creek downstream of the railway line. The Bonville and Middle Creeks Floodplain Management Study and Plan was prepared for Council in 1998. The study identified areas of the Middle Creek floodplain that could be filled, and proposed a series of flood mitigation works including in-stream stormwater detention basins.

Since publication of the 1998 study, there have been significant changes to the catchment and floodplain, including the in-stream stormwater detention basins recommended in the study, which have the potential to alter flood behaviour. There have also been advances in numerical modelling techniques and technology, updated topographic survey and rainfall data, and a major update to national guideline for flood estimation (Australian Rainfall and Runoff 2019).

The draft Middle Creek Flood Study – August 2021 (Attachment 1) used recent rainfall data, digital terrain data, and 2D computer modelling to improve the understanding of flood behaviour within the catchment as a whole. The study also provides more accurate GIS-based flood mapping which will be used to update Council’s online mapping resource. The new flood model developed for the study provides a good match between estimated and observed flood levels in the 2009 and 2017 flood events that were used in the models calibration. Compared to the 1998 study, design water levels were typically 100 to 200mm lower in the 1% AEP design flood event. This can be attributed to the use of 2D hydraulic flood modelling being used for the entire catchment, inclusion of the new in-stream stormwater detention basins, and the floodplain storage and floodwave attenuation being explicitly modelled. The 1998 study was undertaken using a 1D hydraulic model that extended from the catchment outlet to just upstream of the railway line. The new model therefore is expected to be a more accurate representation of flood behaviour.

The draft Middle Creek Floodplain Risk Management Study and Plan – August 2021 (Attachment 2) utilised the modelling derived from the draft flood study to provide a detailed assessment of the impact of flooding on the community and evaluate a range of management options to control or mitigate flood risk. Several structural mitigation options were considered and evaluated, however none of these options were considered to be viable due to ecological, cost or space constraints. The draft plan recommends planning, property and response modification measures including:

-     voluntary house raising of one property;

-     updates to Coffs Harbour Development Control Plan 2015;

-     flood warning system upgrades, and reinstating the Toormina Rain Gauge; and

-     community awareness and education.

As the new draft flood study and floodplain risk management study have redefined the 1% AEP (100 year ARI) flood extent and Flood Planning Area for the Middle Creek catchment, Council’s online flood mapping datasets need to be updated. The update also includes some minor housekeeping adjustments to the 1% AEP (100 year ARI) flood extent, the Flood Planning Area and the Indicative Flood Planning Area in other areas of the LGA (Attachment 3). The adjustments are to incorporate new terrain information from recent subdivisions. A minor name change to flood mapping datasets is also included to maintain consistency with Coffs Harbour Local Environmental Plan 2013 and the NSW Government’s Guidelines for Considering Flooding in Land Use Planning. The draft flood mapping datasets will be available via Council’s online mapping system during the exhibition period.

The Coffs Harbour DCP 2015 came into force on 29 September 2015 and gives effect to Coffs Harbour LEP 2013. Part E4 Flooding provides controls that seek to ensure development on flood prone land addresses the relevant flood hazard. Part E4.2 applies to residential and tourist development. This part includes two exceptions for development on land subject to the ‘Middle Creek Floodway Limit Line’. The Middle Creek Floodway Limit Line is an interim provision that was developed to control development on land subject to flooding from Middle Creek in the absence of a modern flood study having been carried out for this catchment. Therefore, as a consequence of the completion of the Middle Creek Flood Study, the Middle Creek Floodway Limit Line is redundant and these two exceptions should be deleted (Attachment 4).

Issues:

The new draft Middle Creek flood model provides a good match between observed and estimated flood level. In general, the new model produces results slightly lower than the 1998 study, however the old model did not incorporate all of the waterways upstream of the railway. It is therefore expected that additional properties may now be within the 1% AEP (100 year ARI) flood extent and the Flood Planning Area. The changes to these extents will be displayed on the updated draft flood mapping layers.

The floodplain risk management study and plan did not recommend any structural mitigation measures. The non-structural options recommended by the plan provide adequate planning, property and response modification options to create a more flood resilient community.

Options:

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

1.   Accept the recommendations of this report and place the draft Middle Creek Flood Study, draft Middle Creek Floodplain Risk Management Study and Plan, draft updated flood mapping datasets, and draft DCP Amendment No 28 on public exhibition.

2.   Reject the recommendations provided in this report and/or the draft Middle Creek Floodplain Risk Management Plan This would inhibit the ability for council to adequately mitigate flood risk within the Middle Creek catchment in a systematic manner. It will also contradict Council’s Floodplain Development and Management Policy.

Option 1 is recommended as the suitable course of action.

Sustainability Assessment:

•     Environment

Flood events, large and small, are natural occurrences. Development of the floodplain can alter flooding behaviour as can flood mitigation measures. Impacts on the environment due to flooding are investigated as part of the FRMS and as part of the design of individual mitigation measures. The new flood model developed for the flood study provides an improved understanding of the nature of these flood events and allowed for a more accurate assessment of the effectiveness of past and future mitigation options. Environmental constraints have been considered in the assessment of flood mitigation options within the draft FRMS.

•     Social

Large flood events can have a huge impact on the local community and on individuals affected by flooding. Flood events are very disruptive with dwellings and personal belongings destroyed or damaged as well as local businesses suffering direct losses from destruction or damage to work places and stock, plus loss of trade. The results from the draft FRMS provide an improved understanding of the social impact of these flood events and how to mitigate them. Up to date and accurate flood information is very important to inform the community of possible flood risk, and so that appropriate controls are placed on development in flood prone areas.

•     Civic Leadership

Under the NSW Government’s Floodplain Development Manual and Flood Prone Land Policy, the management of flood prone land is, primarily, the responsibility of councils. Flood studies and plans provide technical and strategic information to assist councils in discharging their responsibilities. The new draft flood model updates our understanding of flooding in Middle Creek and the FRMP provides options for mitigating the risk of flooding within the catchment.

•     Economic – Broader Economic Implications

Flooding can have a very large impact on the local economy with many varied economic implications. Adoption of the plan will open up opportunities for external funding for flood mitigation tasks such as flood warning system upgrades and new rain gauges. It should be noted that final adoption of the plan does not lock Council into any future funding commitments.

•     Economic - Delivery Program/Operational Plan Implications

When Council decides to undertake any of the tasks and project priorities within the FRMP, it is intended that external funding will be sought via external state and federal agencies. Grant funds on a 2:1 (State:Council) basis are available for the preparation of studies and plans. Grant funding is also available for flood mitigation works either on a 1:1:1 (Federal:State:Council) or 2:1 (State:Council) basis and to be eligible for funding the works must be identified in a FRMP. Any future co-contribution funding from Council is anticipated to be sought via Council’s annual budget process.

Risk Analysis:

Flooding is a naturally occurring hazard affecting significant areas of the LGA.  Flood studies and plans provide a technical and detailed understanding of the nature and extent of flood events giving Council the tools to determine risks associated with different activities and land use on the floodplain. Council receives indemnity, in relation to flood advice given and actions done, provided it has acted in good faith and followed the NSW Government guidelines.

Consultation:

In accordance with the NSW Government’s Floodplain Development Manual 2005, studies and plans are required to undergo community consultation including public exhibition. Key elements of the consultation process to date have included:

-     distribution of a community newsletter and feedback survey;

-     consultation with the Floodplain Risk Management Committee (FRMC) through meetings and presentations; and

-     a review process with the FRMC members and other key staff.

The proposed public exhibition period will provide another key opportunity for additional feedback and input into the draft plan.

The outcomes of this consultation will be reported back to Council in a subsequent report. Consultation has been, and will continue to be, undertaken in accordance with Council’s Community Participation and Engagement Plan, as follows:

Plan Amendment Process

Inform

Consult

Involve

Collaborate

Consultation with Floodplain Risk Management Committee

x

x

 

 

Public Exhibition

x

x

Council Report - Adoption

x

Notification of Council’s Decision

x

 

 

Place Score:

In early 2019, Council undertook extensive community consultation using the Place Score place-making tool to understand community priorities and values. The Coffs Harbour LGA received a Place Score of 65, which is below the NSW average of 72. The top most ranked strength for the Coffs Harbour LGA in this study is “Elements of the Natural Environment”. Despite this strength, the community identified “Protection of the Natural Environment” in its top five priorities for improvement. Protection of the natural environment was a key consideration in the development of the FRMP.

Related Policy, Precedents and / or Statutory Requirements:

Council has followed the guidelines of the 2005 Floodplain Development Manual relating to the management of flood liable land in accordance with Section 733 of the Local Government Act 1993.

A previous resolution by Council (No. 327) from 12 December 2013 resolved:

In recognising the evolving nature of the Flood Mapping GIS dataset, that further reports will be referred to Council when there is updated flood information affecting individual lots within the local government area.

The proposed amendment to Coffs Harbour DCP 2015 will be undertaken in accordance with the Environmental Planning and Assessment Act 1979 and associated Regulation.

Implementation Date / Priority:

In the event that Council places the draft studies, updated flood mapping datasets, and minor DCP amendment on exhibition, they will be exhibited for 28 days.

A further report will be brought back to Council following exhibition to present the outcomes of the public exhibition process. If adopted by Council, the proposed amendments will commence on the date that public notice of its approval is given, or on a later date specified in the notice.

Conclusion:

The draft Middle Creek Flood Study provides a new flood model that incorporates advances in numerical modelling techniques and technology, updated topographic survey and rainfall data, and a major update to national guideline for flood estimation (Australian Rainfall and Runoff).  The draft Floodplain Risk Management Study and Plan provides a detailed assessment of the impact of flooding on the community and evaluates a range of management options to control or mitigate flood risk. Adoption of the recommendations of this report will lead Council in its progression towards a more coordinated and structured approach to the management of flood risk in Middle Creek, and the additional minor housekeeping amendments to the flood mapping datasets will improve their accuracy.

 







































































































































































































































SC21/52       Planning Proposal PP-2021-2954 - Application to Amend Coffs Harbour LEP 2013 to Rezone Land - Lot 1 DP 360716 & Lot 15 DP 7956, No. 288-294 Coramba Road, Coffs Harbour - Post Exhibition

Author:                        Planner/Urban Designer (e-Planning)

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC21/52   Planning Proposal Coramba Road - Post Exhibition

ATT2  SC21/52   Coffs Harbour Development Control Plan 2015 Amendment No. 22 (Coramba Road, Coffs Harbour)

ATT3  SC21/52   Gateway Determination

ATT4  SC21/52   Government Agency Submissions  

 

Executive Summary

At its Ordinary Meeting of 25 March 2021, Council resolved to initiate a proponent-led planning proposal (PP-2021-2954) to amend Coffs Harbour Local Environmental Plan (LEP) 2013 to more accurately apply environmental and residential zones and corresponding minimum lot size and terrestrial biodiversity maps at the subject land (Attachment 1). Council also resolved at the same meeting to amend Coffs Harbour Development Control Plan (DCP) 2015 to align with the proposed LEP amendment.

Public exhibition of the planning proposal and draft DCP amendment was undertaken from 26 May to 25 June 2021. The purpose of this report is to seek endorsement from Council of Planning Proposal (PP-2021-2954), No. 288-294 Coramba Road, Coffs Harbour – Post Exhibition (Attachment 1) and approval of Coffs Harbour DCP 2015 – Amendment No. 22 (288-294 Coramba Road, Coffs Harbour) (Attachment 2).

 

Recommendation:

That Council:

1.       Endorse Planning Proposal (PP-2021-2954), No. 288-294 Coramba Road, Coffs Harbour – Post Exhibition (Attachment 1).

2.       Delegate to the General Manager the authority issued by the NSW Department of Planning, Industry and Environment to exercise the functions of the Minister under Section 3.36 of the Environmental Planning and Assessment Act 1979 for the purposes of finalising Planning Proposal (PP-2021-2954), No. 288-294 Coramba Road, Coffs Harbour – Post Exhibition.

3.       Continue to consult with the NSW Department of Planning, Industry and Environment on the terms of the amendment to Coffs Harbour Local Environmental Plan 2013, to ensure its consistency with the objectives, outcomes and provisions of Planning Proposal (PP-2021-2954), No. 288-294 Coramba Road, Coffs Harbour – Post Exhibition.

4.       Approve Coffs Harbour Development Control Plan 2015 – Amendment No. 22 (288-294 Coramba Road, Coffs Harbour) (Attachment 2), which will come into effect when public notice of Council’s decision is made in accordance with Part 3, Division 3 of the Environmental Planning and Assessment Regulation 2000.

5.       Inform the Government agencies who made a submission to Planning Proposal (PP-2021-2954), No. 288-294 Coramba Road, Coffs Harbour – Post Exhibition and draft Coffs Harbour Development Control Plan 2015 – Amendment No. 22 (288-294 Coramba Road, Coffs Harbour), as well as affected landowners of Council’s decision.

 

Report

Description of Item:

At its Ordinary Meeting of 25 March 2021, Council resolved to initiate a proponent-led planning proposal (PP-2021-2954) to amend Coffs Harbour LEP 2013 to more accurately apply Zone E2 Environmental Conservation and Zone R2 Low Density Residential to the land. The proposal also includes corresponding amendments to the minimum lot size and terrestrial biodiversity maps. Council also resolved at the same meeting to amend Coffs Harbour DCP 2015 to align with the proposed land use zones.

At that meeting, it was resolved that Council:

1.   Endorse and forward a planning proposal to amend zone, minimum lot size and terrestrial biodiversity map layers of Coffs Harbour Local Environmental Plan 2013 at Lot 1 DP 360716 and Lot 15 DP 7956 (288-294 Coramba Road, Coffs Harbour) to NSW Department of Planning, Industry and Environment seeking a Gateway Determination (Attachment 1).

2.   Request that the Secretary of NSW Department of Planning, Industry and Environment issue written authorisation to Council to exercise delegation of the plan making functions under Section 3.36(2) of the Environmental Planning and Assessment Act 1979 in respect of the planning proposal.

3.   Resolve to publicly exhibit the planning proposal and undertake government agency consultation based on the Gateway Determination issued by NSW Department of Planning, Industry and Environment.

4.   Resolve to publicly exhibit draft Coffs Harbour Development Control Plan 2015 – Amendment No. 22 (288-294 Coramba Road, Coffs Harbour) concurrently with the associated planning proposal (Attachment 2).

5.   Note that a further report will be brought back to Council for consideration following public exhibition of the planning proposal and draft Coffs Harbour Development Control Plan – Amendment No. 22.

6.   Inform the landowners of the subject land and their consultant of Council’s decision.

In accordance with Items 1 and 2 of that resolution, NSW Department of Planning, Industry and Environment issued a gateway determination for PP-2021-2954 on 7 May 2021 to enable the planning proposal to proceed and authorised Coffs Harbour City Council to exercise its delegation to make the plan (Attachment 3). In accordance with Item 3 of this resolution, public exhibition of the planning proposal and draft DCP amendment was undertaken from 26 May to 25 June 2021.

The purpose of this report is to seek endorsement from Council of Planning Proposal (PP-2021-2954), No. 288-294 Coramba Road, Coffs Harbour – Post Exhibition (Attachment 1) and approval of Coffs Harbour DCP 2015 – Amendment No. 22 (288-294 Coramba Road, Coffs Harbour) (Attachment 2).

Issues:

At the conclusion of the public exhibition period for planning proposal PP-2021-2954, No. 288-294 Coramba Road, Coffs Harbour and draft Coffs Harbour DCP 2015 – Amendment No. 22 (288-294 Coramba Road, Coffs Harbour), no public submissions and two Government agency/stakeholder submissions had been received by Council (Attachment 4). A summary of the issues raised by Government agency/stakeholder submissions is provided as follows:

·    Government Agency & Stakeholder Submissions

In accordance with the gateway determination, the NSW Rural Fire Service and the NSW Department of Planning, Industry and Environment (Biodiversity and Conservation Division) have been consulted in relation to the proposed LEP amendment.

NSW Rural Fire Service

The NSW Rural Fire Service in its submission notes that future development on the land is to comply with requirements of Section 4.14 of the Environmental Planning and Assessment Act 1979. In this regard, future development applications for development on the land are required to be assessed in accordance with Section 4.14 of the Act, as the land is bush fire prone. No issues are raised by the Agency in relation to the proposed LEP amendment.

NSW DPIE Biodiversity and Conservation Division

The NSW Department of Planning, Industry and Environment (Biodiversity and Conservation Division) in its submission, confirms that the central part of the subject site, currently within Zone E2 Environmental Conservation, does not contain biodiversity values. In this regard, the agency does not raise any objection in relation to the proposed rezoning of this portion of the subject site.

Similarly, the agency does not raise any objection in relation to the proposed rezoning of a small area of land within Zone E2 Environmental Conservation on the southern boundary of the subject site. The agency does however note that a very small area of core koala habitat exists in this locality and that the persistence of this small amount of remnant vegetation into the future is deemed to be unlikely. As such, the agency recommends that Council require the proponent to prepare a Vegetation Restoration and Management Plan for that part of the subject site, prior to this land being dedication to Council and that the VRMP be formalised through a voluntary planning agreement.

Approval has been issued by Council for the subdivision of the subject site into seven lots (Development Consent 0371/20DA). This approval requires a Vegetation Management Plan (VMP) to be prepared for the southern portion of the subject land prior to its transfer or dedication to Council. In this regard, the recommendation by the agency has been satisfied by the conditions of this development consent. A Vegetation Restoration and Management Plan and voluntary planning agreement is not required.

The agency also notes that from a flooding perspective, that the proposed rezoning is relatively minor and if the conditions of Development Consent 0371/20DA are applied for the approved seven lot subdivision, then minimal impact on flood behaviour is predicted.

·    DCP Map Amendments

It is necessary to amend maps contained within Coffs Harbour DCP 2015 to align with the proposed LEP amendment. Coffs Harbour DCP 2015 – Amendment No. 22 (288-294 Coramba Road, Coffs Harbour) includes updates to the Density Map, Front Setbacks Map and the Side and Rear Setbacks Map (Attachment 2).

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.

Option 1 is recommended as the suitable course of action.

Sustainability Assessment:

•     Environment

Environmental sustainability issues have been considered and are addressed in Part 3 of the planning proposal (Attachment 1).

•     Social

Social sustainability issues have been considered and are addressed in Part 3 of the planning proposal (Attachment 1).

•     Civic Leadership

The planning proposal is consistent with the ‘MyCoffs Community Strategic Plan’, in particular C1.2 – undertaking development 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

The proposed amendment to Coffs Harbour LEP 2013 is a proponent-led application and therefore Council’s adopted fees and charges apply. In this regard, there are no implications for Council’s Delivery Program or Operational Plan as this process is funded by the applicant.

Risk Analysis:

The proposal accords with the Coffs Harbour Local Growth Management Strategy 2020 and North Coast Regional Plan 2036. As such, the planning proposal is considered to be of low risk to Council. The public exhibition process that has been undertaken for the proposed LEP and DCP amendment has also assisted in reducing Council’s risk.

Consultation:

Public exhibition of the proposed LEP amendment and draft DCP amendment was undertaken concurrently from 26 May to 25 June 2021. No public submissions were received during the exhibition period. Two Government agency submissions were received during the exhibition period (Attachment 4). The issues raised by submissions are addressed in the issues section of this report. Consultation has been, and will continue to be, undertaken in accordance with Council’s Community Participation and Engagement Plan 2019, as follows:

Project Stage

Inform

Consult

Involve

Collaborate

Pre-lodgement Discussions

x

x

x

Initiate Planning Proposal

x

x

 

 

Publix Exhibition

x

x

 

 

Post Exhibition Report to Council

x

 

 

Post Endorsement Notification

x

 

 

 

Place Score:

In early 2019, Council undertook extensive community consultation using the Place Score place-making tool. This ‘place experience’ measurement tool enabled residents and visitors within the Coffs Harbour Local Government Area to share what they most value in their neighbourhood and then to rate how their neighbourhood is performing against such values. The 2019 Place Score report was presented to Council on 11 April 2019. The proposed amendment to Coffs Harbour LEP 2013 will assist in providing housing opportunities, whilst protecting key attributes of the natural environment.

Related Policy, Precedents and / or Statutory Requirements:

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

Implementation Date / Priority:

Should Council choose to endorse the LEP amendment, Council’s local planning controls will be amended upon the making of the LEP. Coffs Harbour DCP 2015 – Amendment No. 22 (288-294 Coramba Road, Coffs Harbour) will come into force when public notice of Council’s decision is made in accordance with Part 3, Division 3.6 of the Environmental Planning and Assessment Regulation 2000. The timeframes associated with finalising the LEP amendment are also subject to internal processes with NSW Department of Planning, Industry and Environment.

Conclusion:

The purpose of this report is to seek endorsement from Council of Planning Proposal PP-2021-2954, No. 288-294 Coramba Road, Coffs Harbour, Post-Exhibition and approval of Coffs Harbour Development Control Plan 2015 – Amendment No. 22 (288-294 Coramba Road Coffs Harbour). The proposed amendment to Coffs Harbour LEP 2013 accords with the North Coast Regional Plan 2036 and Council’s adopted Local Growth Management Strategy 2020. Sufficient planning merit for the amendment to Council’s LEP 2013 is provided within the planning proposal.

 





































































































SC21/53       Planning Proposal PP-2021-2434 - Application to Amend Coffs Harbour LEP 2013 to Reduce the Minimum Lot Size - Lot 190 DP 838520, No. 1555 Bucca Road, Nana Glen - Post Exhibition

Author:                        Planner / Urban Designer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC21/53   Planning Proposal - Reduce Minimum Lot Size, No. 1555 Bucca Road Nana Glen - Post-exhibition

ATT2  SC21/53   Gateway Determination and Alteration to Gateway Determination

ATT3  SC21/53   Government Agency Submissions  

 

Executive Summary

At its Ordinary Meeting of 25 February 2021, Council resolved to initiate a proponent-led planning proposal (PP-2021-2434) to amend Coffs Harbour Local Environmental Plan (LEP) 2013 to reduce the minimum lot size of Lot 190, DP 838520, No. 1555 Bucca Road, Nana Glen from two hectares to one hectare.

Public exhibition of the planning proposal was undertaken from 7 April 2021 to 21 April 2021. The purpose of this report is to seek endorsement from Council of Planning Proposal PP-2021-2434, No. 1555 Bucca Road, Nana Glen - Post Exhibition (Attachment 1).

 

Recommendation:

That Council:

1.       Endorse Planning Proposal PP-2021-2434, No. 1555 Bucca Road, Nana Glen - Post Exhibition (Attachment 1).

2.       Delegate to the General Manager the authority issued by the NSW Department of Planning, Industry and Environment to exercise the functions of the Minister under Section 3.36 of the Environmental Planning and Assessment Act 1979 for the purposes of finalising Planning Proposal PP-2021-2434, No. 1555 Bucca Road, Nana Glen - Post Exhibition.

3.       Continue to consult with the NSW Department of Planning, Industry and Environment on the terms of the amendment to Coffs Harbour Local Environmental Plan 2013, to ensure its consistency with the objectives, outcomes and provisions of Planning Proposal PP-2021-2434, No. 1555 Bucca Road, Nana Glen - Post Exhibition.

4.       Inform the Government agencies that made a submission to Planning Proposal PP-2021-2434, No. 1555 Bucca Road, Nana Glen, as well as affected landowners of Council’s decision.

 

Report

Description of Item:

At its Ordinary Meeting of 25 February 2021, Council resolved to initiate a proponent-led planning proposal (PP-2021-2434) to amend Coffs Harbour LEP 2013 to reduce the minimum lot size of Lot 190, DP 838520, No. 1555 Bucca Road, Nana Glen from two hectares to one hectare.

At that meeting, it was resolved that Council:

1.   Endorse and forward a planning proposal (Attachment 1) to reduce the minimum lot size for Lot 190 DP 838520, 1555 Bucca Road, Nana Glen to the NSW Department of Planning, Industry and Environment seeking a Gateway Determination.

2.   Request that the Secretary of the NSW Department of Planning, Industry and Environment issue a written authorisation to Council to exercise delegation of the plan making functions under section 3.36(2) of the Environmental Planning and Assessment Act in respect of the planning proposal.

3.   Resolve to publicly exhibit the planning proposal and undertake government agency consultation based on the Gateway Determination issued by the NSW Department of Planning, Industry and Environment.

4.   Note that a further report will be brought back to Council for consideration following public exhibition of the planning proposal.

5.   Inform the landowners of the subject land and their consultant of Council’s decision.

In accordance with Items 1 and 2 of that resolution, NSW Department of Planning, Industry and Environment issued a gateway determination for PP-2021-2434 on 18 March 2021 to enable the planning proposal to proceed and authorised Coffs Harbour City Council to exercise its delegation to make the plan (Attachment 2). In accordance with Item 3 of that resolution, public exhibition of the planning proposal was undertaken from 7 April 2021 to 21 April 2021.

The purpose of this report is to seek endorsement from Council of Planning Proposal PP-2021-2434, No. 1555 Bucca Road, Nana Glen - Post Exhibition (Attachment 1).

Issues:

At the conclusion of the public exhibition period for Planning Proposal PP-2021-2434, No. 1555 Bucca Road, Nana Glen, no public submissions had been received and two Government agency/stakeholder submissions had been received by Council (Attachment 3). A summary of the issues raised by Government agencies is provided as follows:

·    Government Agency & Stakeholder Submissions

In accordance with the gateway determination, the NSW Rural Fire Service and Transport for NSW have been consulted in relation to the proposed LEP amendment.

NSW Rural Fire Service

The NSW Rural Fire Service does not raise any issues or concerns in relation to the proposal.

Transport for NSW

Transport for NSW does not raise any issues or concerns in relation to the proposal. In its submission however, it is noted that Council needs to be satisfied that the road network is appropriate for the likely increase in demand arising from the proposed LEP amendment.

Council is satisfied that the road network servicing the subject land is adequate for its intended purpose. This matter will also be taken into consideration by Council as part of the assessment of a future development application for subsequent subdivision of the land.

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.

Option 1 is recommended as the suitable course of action.

Sustainability Assessment:

•     Environment

Environmental sustainability issues have been considered and are addressed in Part 3 of the planning proposal (Attachment 1).

•     Social

Social sustainability issues have been considered and are addressed in Part 3 of the planning proposal (Attachment 1).

•     Civic Leadership

The planning proposal supports the vision of the MyCoffs Community Strategic Plan ‘connected, sustainable, thriving’ and will assist in achieving the objectives of the Plan by: attracting people to work, live and visit; and by undertaking development that is environmentally, socially and economically responsible.

•     Economic – Broader Economic Implications

In terms of capital investment, the creation of additional large lot residential land and the resulting development of that land has the potential to generate additional income and employment for the local economy. In this regard, broad economic implications from the planning proposal are likely to be positive.

•     Economic - Delivery Program/Operational Plan Implications

The recommendations contained within this report are unlikely to impact on Council’s Delivery Program or Operational Plan given that the LEP amendment process is being undertaken as a business as usual process, funded through a proponent-led planning proposal.

Risk Analysis:

The request to amend Coffs Harbour LEP 2013 accords with the Coffs Harbour Local Growth Management Strategy 2020 - Chapter 6 Large Lot Residential Lands, which states that applicant-initiated planning proposals may be lodged where reduced minimum lot size can be justified on existing land within Zone R5 Large Lot Residential. As such, the planning proposal is considered to be of low risk to Council. The public exhibition process that has been undertaken for the proposed LEP amendment has also assisted in reducing Council’s risk.

Consultation:

Public exhibition of the proposed LEP amendment was undertaken from 7 April to 21 April 2021. No public submissions were received during the exhibition process. Two Government agency submissions were received during the exhibition period (Attachment 3). No issues have been raised by agency submissions. Consultation has been and will continue to be undertaken in accordance with Council’s Community Participation and Engagement Plan 2019, as follows:

Project Stage

Inform

Consult

Involve

Collaborate

Pre-lodgement Discussions

x

x

x

Initiate Planning Proposal

x

x

 

 

Public Exhibition

x

x

 

 

Post Exhibition Report to Council

x

 

 

Post Endorsement Notification

x

 

 

 

Place Score:

In early 2019, Council undertook extensive community consultation using the Place Score placemaking tool to understand community priorities and values. The Coffs Harbour LGA received a Place Score of 65, which is below the NSW average of 72. The top most ranked strength for the Coffs Harbour LGA in this study is “Elements of the Natural Environment”. Despite this strength, the community identified “Protection of the Natural Environment” in its top five priorities for improvement. The proposed amendment to Coffs Harbour LEP 2013 will assist in providing housing opportunities, whilst protecting key attributes of the natural environment.

Related Policy, Precedents and / or Statutory Requirements:

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

Implementation Date / Priority:

Should Council choose to endorse the LEP amendment, Council’s local planning controls will be amended upon the making of the LEP. The timeframes associated with finalising the LEP amendment are also subject to internal processes within NSW Department of Planning, Industry and Environment.

Conclusion:

The purpose of this report is to seek endorsement from Council of Planning Proposal PP-2021-2434, No. 1555 Bucca Road, Nana Glen - Post Exhibition. The proposed LEP amendment accords with the North Coast Regional Plan 2036 and the Coffs Harbour Local Growth Management Strategy 2020. Sufficient planning merit for this minor increase in large lot residential land in Nana Glen is provided within the planning proposal.

 









































































































































































SC21/54       Development Application No. 1082/21 - General Industry (Alterations to Raise the Height of an Existing Shed and Addition of New Shed) - Lot 46 DP 1127854, 39 industrial Drive, North Boambee Valley

Author:                        Development Assessment Officer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC21/54   Development Application No. 1082/21 - S4.15 Evaluation Report

ATT2  SC21/54   Development Application No. 1082/21 - Plans

ATT3  SC21/54   Development Application No. 1082/21 - Draft Conditions  

      

 

 

Executive Summary

This report provides an assessment of Development Application No. 1082/21 for alterations and additions to an existing general industry (concrete pre-cast facility) to raise the height of an existing shed and for the construction of a new shed at Lot 46 DP 1127854, 39 Industrial Drive, North Boambee Valley.

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

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

-     Significant public interest and community input;

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

-     Significant land use; and

-     Major environmental issues.

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

 

Recommendation:

That Council:

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

2.       Approve Development Application No. 1082/21 for a general industry (alterations to raise the height of an existing shed and addition of new shed) at Lot 46 DP 1127854, 39 Industrial Drive, North Boambee Valley, subject to the conditions provided in Attachment 3.

 

 

REPORT:

Applicant:

CPB Contractors Pty Ltd

Landowner:

Scara Pty Ltd and Jiiski Pty Ltd

Land:

Lot 46 DP 1127854, 39 Industrial Drive, North Boambee Valley

Zone:

IN1 – General Industry

Description:

General Industry (alterations to raise the height of an existing shed and addition of new shed for concrete pre-cast facility)

 Description of Item:

•     The Site

The site is legally described as Lot 46 DP 1127854, and comprises an area of 4.61 hectares. The site is rectangular in shape and is bound by Industrial Drive to the north, south and west and Engineering Drive to the east.

The site is within an established industrial estate with a mix of industrial and commercial uses operating within the immediate area. Beyond the industrial estate, land to the north, west and south, the land is vegetated in parts and contains predominantly cleared areas which are used for agriculture and rural residential living.

An existing concrete pre-cast facility, approved under Development Consent 0084/09 on 22 September 2008, is currently operating from the land. Several buildings and machinery associated with the pre-cast facility occupy the land, including offices, workshops, sheds, gantry cranes and in-ground moulds.  

Existing vehicular access is provided to the site off Industrial Drive at three locations. One along the northern boundary and two along the western boundary. 

The full perimeter of the site is burdened by a positive covenant, 4.5 metres wide, on title for landscaping purposes. This area is occupied with established landscaping. 

The site is zoned IN1 General Industry under the Coffs Harbour Local Environmental Plan 2013.

A plan of the site (as highlighted in red) and surrounding land is provided below.

•     The Development

The proposal is for alterations and additions to an existing general industry (concrete pre-cast facility) to raise the height of an existing shed and for the construction of a new shed.

Figure above: Perspective view of proposed development. Proposed shed on left, existing shed including proposed additional height on right.

The existing shed is currently approximately 13 metres in height, 90 metres in length and 27.5 metres in width. The proposed shed is approximately 107 metres in length and 27.5 meters in width. Both sheds are proposed to be open on the north and south elevations and be a maximum of 14.969 metres high. 

The development is proposed to house existing and new machinery and equipment to support the current use operating from the land. 

No changes are proposed to the existing landscaping, parking or access arrangements.

Issues:

The main assessment issue for the proposed development is the non-compliance with the 11 metre Height of Buildings development standard under clause 4.3 of the Coffs Harbour Local Environmental Plan 2013.

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

Options:

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

2.   Refuse the application and list reasons for refusal.

Sustainability Assessment:

•     Environment

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

•     Social

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

•     Civic Leadership

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

•     Economic – Broader Economic Implications

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

•     Economic - Delivery Program/Operational Plan Implications

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

Risk Analysis:

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

Consultation:

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

No submissions were received.

Related Policy, Precedents and / or Statutory Requirements:

The statutory instruments relevant to the development include the following:

-    Environmental Planning and Assessment Act 1979

-    Environmental Planning and Assessment Regulation 2000

-    State Environmental Planning Policy No 55 — Remediation of Land

-    State Environmental Planning Policy (Coastal Management) 2018

-    Coffs Harbour Local Environmental Plan 2013

-    Coffs Harbour Development Control Plan 2015

Implementation Date / Priority:

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

Conclusion:

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

 
































SC21/55       Coffs Harbour Entertainment Venue Scoping Study - Functional Brief

Author:                         Regional City Coordinator

Authoriser:                  Director Sustainable Communities

MyCoffs:                      A.1 A vibrant and inclusive place

Attachments:              ATT1  SC21/55   CHEV Scoping Study Functional Brief  

 

Executive Summary

The Coffs Harbour Entertainment Venue (CHEV) Scoping Study is the second stage of a two-stage cultural infrastructure project which provides a needs analysis and feasibility recommendations for a larger indoor entertainment venue that will deliver the best outcomes for the Coffs Harbour region.

This matter was last considered by Council at its Ordinary Meeting of 10 September 2020 where it adopted the Stage 2(a) Issues and Options Paper for Performing Arts Spaces (Indoor and Outdoor) Final Report and resolved to commence to Stage 2(b) Feasibility Study to determine the venue functions and size, most suitable City Centre location and an operational and financial model for an Indoor Performing Arts Centre.

Stage 2(b) has been titled Coffs Harbour Entertainment Venue (CHEV) Scoping Study to reflect the venue’s entertainment outcomes and the work required to scope the venue requirements.

The CHEV Scoping Study - Functional Brief (Functional Brief) has been prepared to document the required venue outcomes, technical infrastructure and building footprint for a Coffs Harbour entertainment venue.

The Functional Brief recommends a venue footprint minimum of 2,500 square metres.

This allows for a flexible performance space which can accommodate a variety of performance configurations, the appropriate level of accompanying support spaces and provide reasonable economic returns, including:

-     700-pax theatre (approximately 450 in stalls and 250 balcony seating);

-     450-pax theatre in intimate mode (without the use of balcony seating);

-     820-pax performance space with a combination of fixed seating and flat floor standing;

-     150-pax flat floor Performance / Dinner / Cabaret space.

The purpose of this report is to seek Council’s adoption of the CHEV Scoping Study – Functional Brief (Attachment 1) and note that the Functional Brief venue requirements inform the subsequent site analysis stage of the CHEV Scoping Study.

 

Recommendation:

That Council:

1.       Adopt the CHEV Scoping Study – Functional Brief (Attachment 1).

2.       Note the Functional Brief venue requirements inform the site analysis stage of the CHEV Scoping Study.

3.       Inform stakeholders involved in the development of the CHEV Scoping Study – Functional Brief of Council’s decision.

 

Report

Description of Item:

The Issues and Options Paper for Performing Arts Spaces (Indoor and Outdoor) Final Report identified that there is an established need, including stakeholder and community support, for the construction of an Indoor Performing Arts Centre with a capacity between 600-1000 seats within the Coffs Harbour City Centre. This report recommended that the construction of a new Indoor Performing Arts Centre of this size would require further analysis.

This matter was last considered by Council at its Ordinary Meeting of 10 September 2020, where it resolved:

That Council:

1.   Adopt the Issues and Options Paper for Performing Arts Spaces (Indoor and Outdoor) Final Report (Attachment 1).

2.   Note that a funding source of $200,000 will need to be identified through the next quarterly budget review to commence Stage 2b) Feasibility Study Indoor Performing Arts Centre.

3.   Note that the feasibility study identified in point 2 above will be utilised to inform Council’s forward planning mechanisms.

4.   Inform persons who made a submission on the Issues and Options Discussion Paper (Interim Findings) for Performing Arts Spaces (Indoor and Outdoor) of Council’s decision.

Accordingly, in March 2021, an experienced multi-disciplinary project team comprising Hawkridge Entertainment Services, Locale Consulting and architects Scott Carver were engaged to undertake the Stage 2(b) Feasibility Study Indoor Performing Arts Centre.

Stage 2(b) has been titled Coffs Harbour Entertainment Venue (CHEV) Scoping Study to reflect the venue’s entertainment outcomes and the work required to scope the venue requirements.

The purpose of the CHEV Scoping Study is to provide Council with development recommendations for a future indoor entertainment venue within the Coffs Harbour City Centre. The Study is anticipated to run until 2022 in four sequential stages of work:

-     Functional Brief

-     Site Analysis

-     Concept Design and Financial Analysis

-     Draft and Final Scoping Study Report.

The purpose of this report is to seek Council’s adoption of the CHEV Scoping Study – Functional Brief (Attachment 1) and note that the Functional Brief venue requirements inform the subsequent site analysis stage of the CHEV Scoping Study.

Issues:

·    Functional Brief Purpose

The purpose of the Functional Brief is to document a design and area schedule of the CHEV functions and technical infrastructure, in order to guide the site and financial analysis stages of the Scoping Study.  The Functional Brief includes the range of uses, compulsory spaces, seating arrangements and recommended venue footprint (square metre area) which are required for an entertainment venue suitable for the Coffs Harbour region.  

·    Industry Stakeholder Involvement

The Functional Brief was developed with regard to current and potential hirers of venues in Coffs Harbour undertaken during the 2019-2020 Stage 2(a) Issues and Options Paper for Performing Arts Spaces (Indoor and Outdoor) project. This resulted in the recommendation of a 600-1000 seat venue. The Paper stated that further analysis to understand the venue capacity would be required.

For the completion of the Functional Brief, around 25 local, regional and state entertainment industry stakeholders were consulted to further define the required technical functionality of the venue. This involved specific feedback regarding venue size, flexibility, technical capacity, access, management and hire cost. Critical to these considerations was understanding the capacity (number of seats) and therefore the overall quantum of square metre area required for the venue. 

Based on the broad community engagement undertaken during Stage 2(a) and industry stakeholder engagement conducted at this stage of the study, no further consultation is proposed for the Functional Brief.

·    Venue Footprint and Area Schedule

The Functional Brief recommends a venue footprint minimum of 2,500 square metres.

This allows for a flexible performance space which can accommodate a variety of performance configurations, the appropriate level of accompanying support spaces and provide reasonable economic returns, including:

-     700-pax theatre (approximately 450 in stalls and 250 balcony seating);

-     450-pax theatre in intimate mode (without the use on balcony seating);

-     820-pax performance space with a combination of fixed seating and flat floor

-     standing;

-     150-pax flat floor Performance / Dinner / Cabaret space.

·    Venue Design and Uses

The venue is designed to attract and accommodate a range of uses under five key design principles, with uses including:

-     major dance performances;

-     school events and graduation ceremonies;

-     touring theatre productions;

-     live music concerts;

-     touring commercial comedy and musical shows;

-     symphonic and classical chamber music;

-     dinner and cabaret events;

-     community theatre and musicals;

-     community and civic events; and

-     conferencing formats.

The design would ensure that touring acts and local performing arts companies have a high quality venue for their performances; that shows can be provided in a variety of formats; and the venue can enable a range of revenue opportunities (both day and evening uses).

Options:

There are two options that may be considered by Council:

1.    Accept the recommendations of this report to endorse the CHEV Scoping Study – Functional Brief.

2.    Reject the recommendation provided in this report.

This report recommends that Council undertake Option 1 as outlined.

Sustainability Assessment:

•     Environment

The Functional Brief recommends a venue footprint minimum of 2,500 square metres, including design principles to support best practice venue outcomes. Further investigations into site impacts and environmental sustainability will be assessed as part of the site analysis stage.

•     Social

The provision and development of a larger indoor entertainment venue has the potential to provide considerable social benefits, enhance the quality of life for residents and contribute to the Coffs Harbour LGA being a great place to live. The design of the venue would ensure that local performing arts companies and groups have a place to perform that is of excellent quality; increase opportunities for community and performing artists by providing learning experiences in an outstanding venue; and connect people of all ages and cultures through the experience of live performances.

•     Civic Leadership

The Functional Brief will assist Council to achieve the desired outcome of A1.1 A vibrant and inclusive place. The vision of Creative Coffs – Cultural Strategic Plan is: “A vibrant and creative Coffs lifestyle enriched by its natural beauty, diverse people and capacity for innovation.”

•     Economic – Broader Economic Implications

The provision and development of a larger indoor entertainment venue has the potential to attract and retain residents to the Coffs Harbour LGA. Improved cultural infrastructure in the City Centre can provide new opportunities for local businesses while attracting new employees and visitors to the region.

The recommended venue size is considered viable to draw a larger range of touring acts and performances, accommodate special local performances and provide reasonable economic returns.

•     Economic - Delivery Program/Operational Plan Implications

It is anticipated that construction of a new indoor entertainment venue would take approximately six years to plan and build and cost between $50m to $60m in 2019 figures, with an operational cost estimate between $600,000 and $2,000,000 per year.

The construction of an indoor entertainment venue is not currently within the Delivery Program or Resourcing Strategy. The CHEV Scoping Study will estimate construction and operational costs which are to be considered in any future planned budgets or Council’s long term financial plan.

Risk Analysis:

There is a degree of financial risk to Council in undertaking an entertainment venue infrastructure project. Accurate information about the venue will assist Council’s decision about the next steps to progress this project. Scoping (or feasibility) studies are essential components of infrastructure projects in order to demonstrate the rationale for future investment. Therefore, undertaking this scoping study is required to understand and mitigate such risks.

Consultation:

Broad engagement for the completion of the Issues and Options Paper for Performing Arts Spaces (Indoor and Outdoor) was undertaken during 2019-2020 with around 50 organisations and individuals who were directly connected to the hiring of venues and booking performances. This engagement process demonstrated a need and community support for the construction of an Indoor Performing Arts Centre with a capacity between 600-1000 seats. A new venue of this size would require further analysis to understand the capacity (number of seats) and therefore the overall quantum of square metre area required for the venue. 

For the completion of the Functional Brief, feedback was sought from a range of entertainment industry and performing art sector stakeholders to further define the required functionality of the venue. Consultation was conducted with around 25 stakeholders from the following:

-     Schools and education institutions;

-     Local community theatre groups;

-     Local community music performance groups;

-     Eisteddfod groups;

-     Local dance schools;

-     Local, regional and national promoters;

-     Producers;

-     Technical production companies;

-     Local industry organisations.

Based on the broad community engagement during Stage 2 (a) and industry stakeholder engagement at this stage of the study, no further consultation is proposed for the Functional Brief.

Related Policy, Precedents and / or Statutory Requirements:

-     City Centre Masterplan 2031

-     Coffs Coast Tourism Strategic Plan 2020

-     Coffs Harbour Economic Development Strategy 2017-2022

-     Coffs Harbour Events Strategy 2020

-     Creative Coffs - Cultural Strategic Plan 2017- 2022

-     Local Growth Management Strategy 2020 – 2040

-     Regional City Action Plan 2036.

Implementation Date / Priority:

Subject to Council endorsement, the Functional Brief venue requirements will inform the next stage of the CHEV Scoping Study, namely site analysis within the City Centre area. The timing of this work is subject to Council’s Local Government Elections Caretaker Policy and hence anticipated for early 2022.

Conclusion:

The Coffs Harbour Entertainment Venue (CHEV) Scoping Study is the second stage of a two-stage cultural infrastructure project which provides a needs analysis and feasibility recommendations for a larger indoor entertainment venue that will deliver the best outcomes for the Coffs Harbour region.

The Functional Brief for the CHEV Scoping Study has been prepared to document the required venue outcomes, technical infrastructure and building footprint for a Coffs Harbour entertainment venue.

The purpose of this report is to seek Council’s adoption of the CHEV Scoping Study – Functional Brief and note that the Functional Brief venue requirements inform the subsequent site analysis stage of the CHEV Scoping Study.

 










































SC21/56       Library RFID Equipment Procurement

Author:                        Section Leader Community Programs

Authoriser:                  Director Sustainable Communities

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

Attachments:              ATT1  SC21/56   CONFIDENTIAL Library RFID Equipment Procurement Cost Estimates

Confidential in accordance with Section 10A(2)(d)(ii) of the Local Government Act as it contains information that would, if disclosed, confer a commercial advantage on a competitor of the council.  

 

Executive Summary

The planning for the new central library within Yarrila Place, undertaken during the Cultural and Civic Space Project detailed design phase in 2020, identified a range of required new equipment and furniture. This included Library Radio Frequency Identification (RFID) equipment that is used in libraries extensively to automate and improve the efficiency and effectiveness of circulation, collection management and security of library material.

It is recommended that Council procure the items directly from Council’s existing RFID supplier, Bibliotheca, to ensure continued integration of the library systems when the new central library is opened next year.

The Cultural and Civic Space Project budget includes an allocation for the purchase of these items.

 

Recommendation:

That Council:

1.       With reference to section 55(3)(i) of the Local Government Act 1993, resolves because of extenuating circumstances, being Council’s existing contract and relationship with Bibliotheca for its library RFID system, integration with existing Council library systems across all library branches, and additional cost implications of undertaking a tender process and changing library RFID systems, that a satisfactory result would not be achieved by inviting tenders for this equipment.

2.       Delegate the General Manager to directly negotiate and execute a contract for the supply, installation and service of the Library RFID equipment required for the Cultural and Civic Space Project with a single supplier, Bibliotheca.

3.       Note the estimate costs detailed in the Confidential Attachment.

 

Report

Description of Item:

Radio Frequency Identification (RFID) equipment is extensively used in libraries to automate and improve the efficiency and effectiveness of circulation, collection management and security of library material.

Following a competitive quotation process, Council implemented the Bibliotheca Library RFID system across its library branch network in 2015, which included the provision of self-check kiosks for customers, automated returns, RFID pads for staff workstations and book security gates at entrances. It is closely integrated with the Spydus library management system and has proven to be a reliable and effective system.

The following additional Library RFID equipment was identified during the Cultural and Civic Space Project (CCSP) detailed design phase for the new expanded central library in Yarrila Place, which will operate over three levels:

1.   Returns sorting machine on the ground floor, to be located in a dedicated library returns process room;

2.   Self-check (customer self-service) kiosks;

3.   Security gates; and

4.   Upgrade of existing self-check kiosks (to be relocated) to accept customer payments.

The CCSP project budget includes an allocation for the purchase of these items.  Further detail is included in confidential attachment 1.

Issues:

The total estimate amount required to procure the required Library RFID equipment is above the $250,000 threshold that normally requires a formal Request for Tender (RFT) having regard to Council’s Procurement Policy.

An exemption from RFT is recommended under section 55(3)(i) of the Local Government Act 1993 due to extenuating circumstances, namely:

-     The current Bibliotheca RFID system installed in all three of Council libraries is fully integrated with the Spydus library management system. The installed equipment is maintained, serviceable, not approaching end-of-life, and the equipment installed in the current central library is planned to be relocated and used in Yarrila Place.

-     Changing Library RFID systems would be disruptive to current library operations and would impact the library operations in the new building.

-     Moving to a new supplier would carry significant additional cost as the RFID system would also need to be changed at the branch libraries in Toormina and Woolgoolga to maintain an integrated and functioning system.

-     The detailed planning and building designs completed to date for the CCSP have been based on information provided by Bibliotheca – including spatial, technical and functional specifications. This approach was taken as Council has an existing relationship with Bibliotheca, is using its system within its library service, and plans to relocate some of this existing equipment to Yarrila Place. Going with a different RFID supplier would require review of existing designs and may require design updates to account for different product specifications, potentially requiring additional cost and time.

-     Bibliotheca’s products have the ability to integrate with the library’s print/copy and public computer booking management system, including its cash/credit payment and e-purse function. It is planned to implement this functionality in the new library in Yarrila Place to maximise self-service opportunities for customers and minimise cash handling for staff.

-     The library service undertook a competitive and documented Request for Quotation process in 2015 to select its current RFID system, with Bibliotheca the successful supplier.

-     Bibliotheca is a major global supplier of RFID systems to libraries, including in Australia. Its products are installed in around 30,000 libraries across 22 countries. They are a trusted and reputable supplier in the library market.

Bibliotheca are currently listed on the Procurement Australia (PA) Panel ‘2306/0843 Library Collections, Furniture, Equipment & Associated Requirements – sub category 11 Supply of RFID’. As Council is a member of PA and PA are a prescribed entity under the NSW Local Government Regulations, Council can opt-in on this contract to purchase from it. Using this PA contract reduces risk in not undertaking a RFT, as the supplier has already been through a rigorous selection process to be included on that panel.

Options:

1.   Adopt the recommendation. In accordance with Section 55(3) of the NSW Local Government Act 1993, thereby allowing the General Manager delegated authority to directly negotiate the Library RFID equipment procurement with Bibliotheca; or

2.   Reject the recommendation. This may mean an open market tender and potentially a new supplier across the library network, which may require additional funding and may pose a significant disruption in existing and future service levels to the community.

Sustainability Assessment:

•     Environment

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

•     Social

There are no identified social impacts as a result of this report. It should also be noted that provision of self-service facilities in libraries gives greater options for customers and increased customer empowerment.

•     Civic Leadership

The use of Library RFID equipment and systems within Council’s library service enables Council to deliver efficient and cost effective services to the community, and empowers library customers by providing self-service facilities in addition to staff assisted customer service.

•     Economic – Broader Economic Implications

Provision of RFID technology in libraries reduces stock loss, simplifies self-service processes for customers and reduces manual handling issues for staff. The automation of library processes enables staff resources to be focussed on customer facing activities instead of back-of-house. These efficiencies represent long term savings for Council.

•     Economic - Delivery Program/Operational Plan Implications

The estimated cost of procuring the required Library RFID equipment for the CCSP is contained in the CCSP budget and cost plan. Should the recommendation be adopted, no additional funding is expected to be required to complete this procurement.

Risk Analysis:

Council’s established policies, procedures and processes will be followed and advice obtained from relevant stakeholders as required to ensure risks are properly managed. This includes utilising the guidance provided within ICAC’s Direct Negotiations: Guidelines for Managing Risks (2018).

The risks around undertaking direct negotiation with a single supplier instead of normal tender process can be mitigated in a number of ways, including:

-     Closely adhering to relevant legislative requirements and adopted policies and seeking authority from the appropriate level;

-     Utilising government procurement panel contracts where they exist;

-     Managing potential conflicts of interest and segregation of duties;

-     Dealing with a well-established and reputable supplier and performing due diligence;

-     Documenting the process, including advice received and decisions made.

Consultation:

Appropriate internal consultation has taken place with relevant stakeholders.

Related Policy, Precedents and / or Statutory Requirements:

Council’s Procurement Policy identifies that there can at times be exceptional circumstances where a competitive process may not be possible or practical in which case exemption may be approved by the appropriate level of authority.

Section 55(3) of the NSW Local Government Act 1993 sets out the requirements for tendering and also details when this may not apply. The specific sub-clause that is relevant to this report is copied below for reference.

(i)     a contract where, because of extenuating circumstances, remoteness of locality or the unavailability of competitive or reliable tenderers, a council decides by resolution (which states the reasons for the decision) that a satisfactory result would not be achieved by inviting tenders.

The full Council is the appropriate approver per the Council Procurement Policy and Section 55(3) of the NSW Local Government Act 1993.

Such exemptions from tender for direct negotiation with single suppliers has been the subject of previous reports to Council.

Implementation Date / Priority:

Implementation of the required procurement process would be undertaken as soon as possible.

Conclusion:

The Library RFID equipment outlined in this report is essential for the effective operation of the new central library within Yarrila Place. Council already has an established relationship with RFID vendor Bibliotheca, with its system and equipment installed across all library branches and closely integrated with the Spydus library management system since 2015, which has proven a reliable and effective system over this time. Procuring the additional items directly from the current supplier is recommended.

 


SI21/20         Woolgoolga Public School - Parking and Drop Off Areas

Author:                        Section Leader Survey and Design

Authoriser:                  Director Sustainable Infrastructure

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

Attachments:              Nil

 

Executive Summary

An investigation has been undertaken following Council’s resolution 2021/52 on 25 March 2021 as follows:

“That Council investigate and bring back a report looking at and providing options for parking and “children drop off areas” at Woolgoolga Public School. The report to mention and investigate the use of Beach Street alongside the Centennial Park, as a spot for the buses to drop and pick up.

The investigation included site inspections on four school days during pick up and drop off times.  The site inspections yielded the following conclusions.

Generally, there appeared to be no major issues on all four days other than the intermittent use of the bus zone by vehicles other than buses in contravention of the Australian Road Rule.

The majority of parents were observed to park in the nearby streets (i.e. Scarborough Street, Hastings Street and Short Street) and walk their children to the school gate.

Consultation has been undertaken with Forest Coach Lines and NSW Police and neither considered that the installation of a bus zone in Beach St was warranted.

NSW Police have undertaken observations at the site and have recommended a number of actions to improve road safety in the vicinity of the bus zone and these are reflected in the recommendations. 

 

Recommendation:

That Council:

1.       Note the actions listed below will be presented to the Local Traffic Committee for endorsement:

1.1     Add centre unbroken lines on Scarborough Street and Short Street.

1.2     Place No Stopping signs and lines at the intersection of Short Street and Scarborough Street (on the northern side from the corner to the driveway of the car park).

1.3     Place centre unbroken lines and Give Way / hold line in Short Street at the intersection with Scarborough Street.

1.4     Place a solid edge line in Scarborough Street separating the south bound lane and the bus lane.

1.5     Implement a No Parking zone south bound in Scarborough Street, approximately length 20m, at the end of the bus zone to allow the drop off.

2.       Arrange, subject to the Local Traffic Committee endorsement, for the installation of traffic control facilities in the vicinity of Woolgoolga Public School as listed above.

 

 

Report

Description of Item:

At its meeting on 25 March 2021, Council resolved;

“That Council investigate and bring back a report looking at and providing options for parking and “children drop off areas” at Woolgoolga Public School. The report to mention and investigate the use of Beach Street alongside the Centennial Park, as a spot for the buses to drop and pick up.

In response to the Council’s Resolution the bus zone was inspected by Council’s Senior Engineering Officer Traffic on 2 days in April 2021 and on 2 days in June 2021.

Scarborough Street Woolgoolga was inspected over four separate periods to determine what issues were evident during school pick up and drop off times, noting bus zone times are 8:30am – 9:30am & 3pm - 4pm School Days.

Inspections were carried out during the following times:

-         2:55pm to 3:30pm Wednesday 28 April 2021

-         8:35am to 9:10am Thursday 29 April 2021

-         2:52pm to 3:40pm Thursday 17 June 2021

-         8:25am to 9:12am Friday 18 June 2021

Generally, there appeared to be no major issues on all four days other than the intermittent use of the bus zone by vehicles other than buses in contravention of the Australian Road Rule. It was noted that the number of vehicles illegally stopping in the bus zone varied with more incidents occurring in the mornings. 

Forest Coach Lines were consulted and they advised that they have not had issues there other than some vehicles in the bus zone at times, and it would not be feasible to have a bus zone in Beach Street.

The majority of parents were observed to park in the nearby streets (i.e. Scarborough Street, Hastings Street and Short Street) and walk their children to the school gate.

NSW Police have provided a list of traffic issues which have been observed in the vicinity of Woolgoolga Primary School and a list of recommended actions to improve road safety. NSW Police did not support the installation of an additional bus zone in Beach St.

Issues:

There is an existing time-restricted school bus zone in Scarborough St Woolgoolga outside Woolgoolga Public School.

Australian Road Rule 183 prohibits drivers from stopping in a bus zone unless the driver is driving a public bus that is either dropping off or picking up passengers or stopping for the purposes of a regular bus service.

The Resolution directed that Council investigate the operation of the bus zone and the general congestion in Scarborough St due to the cars, parents, buses and children in Scarborough St.

The bus zone was inspected by Council’s Senior Engineering Officer Traffic on 2 days in April 2021 and on 2 days in June 2021. Based on the site inspections, there appeared to be no major issues with the operation of the bus zone apart from intermittent stopping of vehicles in the bus zone in contravention of the Australian Road Rule.

Consultation undertaken with Forest Coach Lines indicates that they have not had a lot of issues at Woolgoolga Public School other than some vehicles in the bus zone at times, and it would not be feasible to have a bus zone in Beach Street.

NSW Police have advised that traffic issues have been observed around Woolgoolga Primary School. The issues are:

-     Concerns re lack of road marking in Scarborough St and Short St.

-     Motorists travelling north on Scarborough St diverging to the right, stopping with the offside of the vehicle against the eastern kerb within the bus zone allowing children to alight from the vehicle.

-     Vehicles parked in Scarborough St doing U turns within the school zone causing obstruction and increasing the danger for pedestrians namely children.

-     Stopping on the corners of Short St at the intersection with Scarborough St.

-     Parking generally in the bus zone.

-     The main issues at this school are in the morning. This is confirmed by Council’s observations.

-     Moving the bus zone to Beach St would increase the distance a child will have to walk into the school and with the elements, rain, will increase the likelihood a parent will drop off and therefore increasing the traffic in Scarborough St.

The following actions have been recommended to mitigate the observed behaviours:

1.       Add centre unbroken lines on Scarborough St and Short St

2.       Place No Stopping signs and lines at the intersection of Short St and Scarborough St (on the northern side from the corner to the driveway of the car park).

3.       Place centre unbroken lines and Give Way / hold line in Short St at the intersection with Scarborough St.

4.       Place a solid edge line in Scarborough St separating the south bound lane and the bus lane.

5.       Implement a No Parking zone south bound in Scarborough St, approximate length 20m, at the end of the bus zone to allow the drop off.

These measures will help to regulate traffic in the vicinity of the drop off area and the bus zone.

Subject to Council endorsing the recommendations of this report the proposed line marking and signage will be reported to the Local Traffic Committee for approval.

The installation of an additional bus stop in Beach St was not supported by either the local bus company, nor the NSW Police.

Options:

Council has 2 principal options regarding safety at the school bus zone at Woolgoolga Public School.

1.       Adopt the recommendations as outlined.

2.       Reject the recommendations and take no further action.

Sustainability Assessment:

•     Environment

There are no environmental issues to be considered in conjunction with the recommendations.

•     Social

The implementation of traffic control facilities will enhance the health and wellbeing of the community in the vicinity of Woolgoolga Public School.

•     Civic Leadership

The provision of a safe road environment in the vicinity of schools is supported within Council’s MyCoffs Community Strategic Plan which advocates sustainable community leadership through the strategy ‘public infrastructure continues to meet our community and business requirements.’

•     Economic – Broader Economic Implications

There are no broader economic implications to be considered in conjunction with the recommendations.

•     Economic - Delivery Program/Operational Plan Implications

There are no delivery program/operational plan implications to be considered in conjunction with the recommendations.

Risk Analysis:

A risk analysis of potential traffic issues has been undertaken in the immediate vicinity of Woolgoolga Public School which has led to the presentation of the mitigation actions referred to in the Recommendation.

Consultation:

Internal consultation has been undertaken with Council’s Compliance and Regulatory Enforcement Section, external consultation has been undertaken with Forest Coach Lines and NSW Police.

Related Policy, Precedents and / or Statutory Requirements:

Under the delegations given to Councils from Transport for NSW under the Transport Administration Act, prior to installing traffic control facilities such as line marking and signage, Council is required to obtain the concurrence of Transport for NSW and NSW Police. This is usually undertaken by referral to the Local Traffic Committee.

Other than the NSW road rules there are no related policy, precedents and/or statutory requirements to be considered in conjunction with the recommendations.

Implementation Date / Priority:

If Council resolves to adopt the recommendations the issue will be referred to the October meeting of the Local Traffic Committee. Subject to the endorsement of the recommendations by the committee it would be possible to have the line marking and signage installed during the December / January school holidays.  

Conclusion:

Based on the site inspections, there appeared to be no major issues with the operation of the bus zone apart from intermittent stopping of vehicles in the bus zone in contravention of the Australian Road Rule.

Consultation undertaken with Forest Coach Lines indicates that they have not had a lot of issues at Woolgoolga Public School other than some vehicles in the bus zone at times, and it would not be feasible to have a bus zone in Beach Street.

NSW Police have advised that traffic issues have been observed around Woolgoolga Primary and have advised several actions to mitigate the observed behaviours. These measures will help to regulate traffic in the vicinity of the drop off area and the bus zone.

Subject to Council endorsing the recommendations of this report the proposed line marking and signage will be reported to the Local Traffic Committee for approval.

Subject to the endorsement of the recommendations by the committee it would be possible to have the line marking and signage installed during the December / January school holidays.

 

 


SI21/21         RFT-1392-TO Provision of Under-Road Boring Services (Panel Supply) Tender Award Recommendation

Author:                        Group Leader Infrastructure Construction and Maintenance

Authoriser:                  Director Sustainable Infrastructure

MyCoffs:                      B.1 A thriving and sustainable local economy

Attachments:              ATT1  SI21/21    CONFIDENTIAL Contract No. RFT1392-TO Under Road Boring Services - Tender Assessment

Confidential in accordance with Section 10A(2)(d)(i),(d)(ii) 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, and information that would, if disclosed, confer a commercial advantage on a competitor of the council.  

 

Executive Summary

Council called tenders for the Provision of Under-Road Boring Services (Panel Supply) Contract No. RFT-1392-TO that closed on 4 August 2021.

The tender was advertised as a contract for a two (2) year period with a one-year option exercisable at the sole discretion of Council based on satisfactory supplier performance and business requirements.

Proponents were advised that the tender would be awarded as a non-exclusive panel supply contract.

 

Recommendation:

That Council considers the tenders received for the Provision of Under-Road Boring Services (Panel Supply) Contract No RFT-1392-TO and adopts the motion as detailed in the Confidential Attachment.

 

Report

Description of Item:

Council called tenders for the Provision of Under-Road Boring Services (Panel Supply) Contract No. RFT-1392-TO that closed on 4 August 2021. Tenders were evaluated on the following criteria:

 

·     Rates

·     Capability, Service and Quality

·     Key Personnel and Qualifications

·     Experience of Local Government

·     Value Added Services

 

Tender offers were received from ten proponents as follows:

 

1.    Ameidat Pty Ltd, ABN 74 088 387 384

2.    LeDonne Constructions Pty Ltd, ABN 68 003 117 717

3.    Inncontrol Pty Ltd, ABN 56 491 602 668

4.    EastCoast HDD Pty Ltd, ABN 26 625 767 099

5.    FutureProof Solutions Pty Ltd, ABN 16 162 972 232

6.    Governance Insight Pty Ltd, ABN not supplied

7.    Midcoast Under Road Boring P/L, ABN 69 045 678 362

8.    ProDrill Australia Pty Ltd, ABN 80 159 220 194

9.    Under Road Boring Australia, ABN 59 612 811 131

10.  Utilstra Pty Ltd, ABN 98 123 188 661

Issues:

Of the ten responses received, two were assessed as being non-compliant (Governance Insight and Utilstra).

Options:

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

 

1.       Adopt the recommendation and approve a panel of contractors based on the application of Council’s tender evaluation process; or

2.       Reject all tenders.

Sustainability Assessment:

•     Environment

There are no major environmental issues to consider with respect to this contract.

•     Social

There are no adverse social implications involved with this contract.

•     Civic Leadership

This tender is consistent with MyCoffs Community Strategic Plan. As per item B1.1, Council champions business, events, innovation and technology to stimulate economic growth, investment and local jobs. Council illustrates strong leadership in encouraging local business participation, resulting in permanent and casual employment for Coffs Harbour residents.

•     Economic – Broader Economic Implications

Council has demonstrated due diligence by utilising an open tender process and testing the market for the provision of these services.

•     Economic - Delivery Program/Operational Plan Implications

The majority of the required fabricated steel components will be bespoke components, with their purchase being subjected to further formal quotation or tender process to establish best value at the time of purchase.

Risk Analysis:

Risks have been considered and are outlined in the Confidential Attachment.

Consultation:

Consultation was undertaken with the relevant Council staff.

Related Policy, Precedents and / or Statutory Requirements:

Tendering procedures were carried out in accordance with Council’s own policies as well as meeting statutory obligations under the Local Government (General) Regulations 2005 – Part 7 Tendering Division 1 Preliminary 163 section 55.

Implementation Date / Priority:

The advertised contract is for an initial two (2) year period with a further one-year option which is exercisable at the sole discretion of Council based upon supplier performance and business requirements.

Conclusion:

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

 

 


SI21/22         Addition of Supplier to Contract No. RPT-1229-TO - Provision of Bulk Water Treatment Chemicals (Regional Procurement Tender No. REGPRO022021)

Author:                        Strategic Contracts Administrator

Authoriser:                  Director Sustainable Infrastructure

MyCoffs:                      B.1 A thriving and sustainable local economy

Attachments:              Nil

 

Executive Summary

On 23 July 2020, Council resolved (Resolution No. 2020/156) to accept the tender offer for Contract RPT-1229-TO - Provision of Bulk Water Treatment Chemicals (Regional Procurement Tender No. REGPRO022021) for the period 1 July 2020 to 30 June 2023 with a further one-year extension option.

Council proposes the addition of supplier SNF (Australia) Pty Ltd, ABN 32 050 056 267 to the existing approved panel of five suppliers, to enable the provision of specialist chemical products which are used in the dewatering of waste sludge at Council’s Water Reclamation Plants.

 

Recommendation:

That Council approves SNF (Australia) Pty Ltd, ABN 32 050 056 267 to be included in Council’s suppliers under Regional Procurement Contract No. REGPRO022021, Contract No. RPT-1229-TO, Provision of Bulk Water Treatment Chemicals.

 

Report

Description of Item:

On 23 July 2020 Council resolved (Resolution No. 2020/156) as follows:

1.   That under authority delegated by Council, the General Manager accepts the following tender offer for Contract No. RPT-1229-TO Supply of Bulk Water Treatment Chemicals (Regional Procurement Tender No T022021), as per the detailed confidential attachment for the period 1 July 2020 to 30 June 2023 from the following proponents:

-     IXOM Operations Pty Ltd

-     Omega Chemicals

-     Redox Pty Ltd

-     Coogee QCA Pty Ltd

-     BOC Limited

This recommendation is made on the basis that:

1.1     The tender offers are the most suitable and advantageous following the application of Regional Procurement’s Tender Value Selection System.

1.2.    By contracting with five proponents, Council will source chemicals from the most competitively priced proponents for each product purchased.

2.   That provision is allowed for a twelve (12) month extension based on a satisfactory supplier performance, which may take this Contract through to 30 June 2024.

The contract has been functioning well and since its implementation Council officers have determined that another supplier under the Regional Procurement contract could be utilised by Council.

SNF (Australia) Pty Ltd (SNF) (located in Lara, Victoria) supplies polymer products which are used in the dewatering of waste sludge produced during the treatment of wastewater.

SNF polymers are specialist chemicals used at three of Council’s Water Reclamation Plants (WRPs).  Specialist chemicals from different supply sources are evaluated and approved for use after rigorous testing under the specific conditions of each WRP.  The approval of SNF-supplied polymers means the supply source becomes fixed.

Issues:

The supplier, SNF, participated in the Regional Procurement tender REGPRO022021 and is an approved supplier to other Councils under the above Contract.  Therefore, no compliance related issues arise from the addition of SNF to Coffs Harbour City Council panel under the Contract.

The annualised contract spend with SNF is forecast to be $194,040 including GST per annum.  Across the remaining 21 months of the initial contract term, spend value will rise from $2,241,185 to $2,580,755 including GST.

Options:

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

1.    Adopt the recommendation of SNF as the single supplier with preferred pricing under Regional Procurement contract REGPRO022021; or

2.    Reject the recommendation.

Sustainability Assessment:

•     Environment

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

As per Regional Procurement’s tender documents, the successful tenderers must comply with the Protection of the Environment Operations Act 1997 at all times with respect to pollution from noise, air, water, land and waste sources.

•     Social

The Provision of Bulk Water Treatment Chemicals under this contract are used for publicly available potable water supplies and waste water treatment and as such is a critical infrastructure resource for the community.

•     Civic Leadership

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

•     Economic – Broader Economic Implications

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

•     Economic - Delivery Program/Operational Plan Implications

All orders for the Provision of Bulk Water Treatment Chemicals will be based on operational requirements that have been approved and budgeted for over each financial year of the term of the contract.

Risk Analysis:

No compliance related issues arise from the addition of SNF to Coffs Harbour City Council panel under the Contract.

Consultation:

Internal consultation on this proposal and recommendation was undertaken with relevant Council operational staff.

Related Policy, Precedents and / or Statutory Requirements:

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

Regional Procurement’s Tender Value Selection System was applied during the tender review process to determine the most advantageous offer.  Regional Procurement’s policy is that the tender with the highest weighted score becomes the recommended tenderer.

The original tender fell outside of the General Manager’s delegation to accept tenders as it was likely the expenditure will exceed $1,500,000 and it extends beyond the term of the current Council.  Therefore, it was considered appropriate that the addition of a new supplier to the contract be brought before Council for consideration also.

Implementation Date / Priority:

The implementation date for this proposal is October 2021.  The change will be transacted by Regional Procurement with the supplier enabling Council to purchase the product from the contract until its expiry on 30 June 2023 (or 30 June 2024 if the 12-month extension option is exercised).

Conclusion:

The addition of SNF to the contract is considered appropriate to allow Council to access chemicals required for the treatment of wastewater for the benefit of the community and it is recommended that Council should adopt the recommendation as outline above.