Coffs Harbour City Council

06 October 2021

 

Ordinary Council Meeting

 

The above meeting will be held in the Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour on:

 

Thursday, 14 October 2021

 

The meeting commences at 5.00pm and your attendance is requested.

 

 

AGENDA

 

1.         Opening of Ordinary Meeting

2.         Acknowledgment of Country

3.         Public Forum

4.         Disclosure of Interest

5.         Apologies

6.         Leaves of Absence

7.         Mayoral Minute

8.         Confirmation of Minutes

9.         Rescission Motion

10.      Notices of Motion – General

11.      General Manager’s Reports

12.      Notices of Motion – Business Services

13.      Directorate Reports – Business Services

14.      Notices of Motion – Sustainable Communities

15.      Directorate Reports – Sustainable Communities

16.      Notices of Motion – Sustainable Infrastructure

17.      Directorate Reports – Sustainable Infrastructure

18.      Questions On Notice

19.      Matters of an Urgent Nature

20.      Consideration of Confidential Items (if any)

21.      Close of Ordinary Meeting

 

 

Steve McGrath

General Manager

 

 


Order of Business

 

 

General Manager's Reports

GM21/17         Disclosure of Interest by Councillors and Designated Persons 3

GM21/18         Part Day Public Holiday for the Coffs Harbour Gold Cup.............. 5

GM21/19         Cultural and Civic Space Gallery and Museum Name........................ 14

GM21/20         Coffs Harbour Technology Park Ltd - Change to Constitution to Become a Not-For-Profit Entity.................................................................. 50

Directorate Reports - Business Services

BS21/57          Service Partnership with Service NSW.................................................... 55

BS21/58          Monthly Financial Performance Report for the Month Ended 31 August 2021............................................................................................................ 58

BS21/59          Coffs Harbour Airport Enterprise Park Project Update.............. 74

BS21/60          Contract No. RFT-1408-TO Airport Enterprise Park - Work Portion C.................................................................................................................................... 81

Directorate Reports - Sustainable Communities

SC21/57          Jetty Memorial Theatre Strategic Plan - Post-Exhibition.............. 85

SC21/58          Planning Proposal PP-2021-133 - Five Year Comprehensive Review of Coffs Harbour LEP 2013 (Part 1) - Post Exhibition.............................. 114

SC21/59          Planning Proposal PP-2021-4487 - Application to Amend Coffs Harbour LEP 2013 to Reduce Minimum Lot Size - Lot 3 DP 1052184, No. 116 Braford Drive, Bonville - Post Exhibition............................................. 199

SC21/60          Planning Proposal - Application to Amend Coffs Harbour LEP 2013 to Reduce The Minimum Lot Size - Lot 1 DP 1163252 and Lot 1 DP 1210495, No. 19 Orara Street, Nana Glen and Housekeeping Amendment - Split Zone Clause and Dwelling Permissibility Clause - Pre-Exhibition 314

SC21/61          Planning Proposal PP-2021-5577 - Application to Amend Coffs Harbour LEP 2013 to Rezone Land - Part Lot 202 DP 874273, Bark Hut Road, Woolgoolga - Pre-Exhibition.......................................................... 553

SC21/62          Planning Proposal PP-2021-4602 - Application to Amend Coffs Harbour LEP 2013 to Reduce Minimum Lot Size - Lot 1 DP 726095, Smiths Road, Emerald Beach - Pre-Exhibition................................................... 1164

SC21/63          Development Application No. 1133/21 - Dual Occupancy (Detached) - Lot 11 DP 807354, 111 & 117 North Island Loop Road, Upper Orara 1296

Directorate Reports - Sustainable Infrastructure

SI21/24           Contract No. RFT-1380-TO Supply and Delivery of Precast Concrete Bridge Components (Panel Supply)........................................................ 1333


GM21/17      Disclosure of Interest by Councillors and Designated Persons

Author:                        Governance Coordinator

Authoriser:                  Group Leader Governance

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

Attachments:              Nil

 

Executive Summary

Section 440AAB of the Local Government Act 1993 (the Act) requires Councillors (and designated persons) to lodge a Disclosure of Interest by Councillors and Designated Persons Return.  All Councillors who held office at 30 June and designated persons, should have lodged such a return by 30 September 2021.  Under the Act, these returns are to be tabled at the first Council meeting following the last day for lodgement.

 

Recommendation:

That Council note the Register of Disclosure of Interests by Councillors and Designated Persons for the period July 2020 – June 2021, as tabled.

 

Report

Description of Item:

The purpose of this report is to table the register of Disclosure of Interest Returns by Councillors and Designated Persons received in accordance with s440AAB of the Act.  Designated persons include the General Manager and senior staff, as well as a person who is a member of staff of the council identified as the position of a designated person because it involves the exercise of functions (such as regulatory functions or contractual functions) that, in their exercise, could give rise to a conflict between the person’s duty as a member of staff or delegate and the person’s private interest.

Issues:

There are no issues associated with this report.

Options:

As this report is noting the tabling of returns, no options are provided.

Sustainability Assessment:

•     Environment

This is not applicable to this report.

•     Social

This is not applicable to this report.

•     Civic Leadership

The purpose of these provisions is to ensure transparency and accountability in local government decision making.  This is consistent with the MyCoffs Community Strategic Plan D.1 - Our leaders give us confidence in the future.  The obligations upon Councillors, General Manager, Senior Staff and other designated persons are as much a protection for them as it is for the community in the review of Council’s decisions, and one of the important mechanisms in enhancing public confidence in local administration.

•     Economic – Broader Economic Implications

This is not applicable to this report.

•     Economic - Delivery Program/Operational Plan Implications

This is not applicable to this report.

Risk Analysis:

This is not applicable to this report.

Consultation:

This is not applicable to this report.

Related Policy, Precedents and / or Statutory Requirements:

-      Local Government Act 1993

-      Model Code of Conduct for Local Councils in NSW

Implementation Date / Priority:

Immediate.

Conclusion:

The tabling of the returns is noted.

 

 


GM21/18      Part Day Public Holiday for the Coffs Harbour Gold Cup

Author:                        Governance Coordinator

Authoriser:                  General Manager

MyCoffs:                      B.1 A thriving and sustainable local economy

Attachments:              ATT1  GM21/18  Local Part Day Public Holiday - Information Sheet

ATT2  GM21/18  Coffs Harbour Racing Club submission

ATT3  GM21/18  CONFIDENTIAL Submissions

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

 

Executive Summary

Council has applied for and been granted a public holiday for the annual Coffs Harbour Gold Cup since 1971.  More recently Council has applied for a part day public holiday, which starts at 12 noon and finishes at 5:30pm.

 

To continue having an annual local public holiday, Council must apply to the State Government every two years to have it declared under the Public Holidays Act 2010.  As part of this application, Council is required to carry out public consultation to consider the impacts, costs and benefits of declaring a local part day public holiday within the Local Government Area.

 

At the completion of public consultation, Council received 268 submissions.  This report presents a summary of consultation and the options available in deciding how to proceed regarding an application for a local part day public holiday in August 2022 and 2023 for the annual Coffs Harbour Gold Cup.

 

 

Recommendation:

That Council applies for a part day local public holiday (12 noon to 5.30pm) on the first Thursday in August 2022 and 2023 for the Coffs Harbour Gold Cup.

 

Report

Description of Item:

Council has in the past applied for a half day public holiday for the annual Coffs Harbour Gold Cup. This event is hosted by the Coffs Harbour Racing Club and is held on the first Thursday in August.  Since 2013, Council has applied for a local part day public holiday, rather than a half day.  This means the annual public holiday commences at 12 noon and finishes at 5:30pm.

 

In order for the Coffs Harbour Local Government Area to continue having an annual local part day public holiday, Council must apply to the State Government biennially to have it declared under the Public Holidays Act 2010.  As part of this application, Council is required to consider the impacts to regional businesses and local communities, the effect on local schools and effect on the transport of school students.

 

Council wrote to the following community stakeholders to seek feedback and comments on the impact of the gazetted local part day public holiday for the Coffs Harbour Gold Cup:

 

-     All schools within the LGA (primary and secondary)

-     Local bus companies

-     Bank and Building Societies within the LGA

-     Local Traffic Committee

-     Coffs Harbour, Sawtell and Woolgoolga & Northern Beaches Chambers of Commerce

-     Destination Coffs Coast Committee

-     Coffs Harbour Racing Club & Function Centre

-     Coffs Harbour Police

-     Australian Hotels Association (NSW)

-     Coffs Harbour Liquor Accord

 

Consultation commenced on Thursday, 19 August 2021 and ended Wednesday, 15 September 2021.  Council received 268 submissions (confidential attachment 2).  A brief summary of stakeholder feedback is presented in the consultation part of this report.

 

This report presents a summary of consultation and the options available in deciding how to proceed regarding an application for a local part day public holiday in August 2022 and 2023 for the annual Coffs Harbour Gold Cup.

Issues:

In deciding whether to proceed with applying for a local part day public holiday in 2022 and 2023, it is important to consider the different options available.  The Public Holidays Act 2010 enables local councils to apply for either a ‘local public holiday’ or a ‘local event day’ (The attached information sheet outlines this legislation and its impact).

 

The following section expands on these options with further detail for consideration:

 

Part day local public holiday (12 noon to 5.30pm)

Council has applied for this option for a number of years and it is familiar to the community.  A part day public holiday minimises the impact that a full day public holiday can have on businesses.  This enables a broader part of the community to attend the event, that could not otherwise due to work commitments.  Alternatively, a part day public holiday raises concerns around children, schooling and transport.  Over the years, arrangements have been established to manage these issues, however concerns continue to be raised during consultation within the community.

 

Full day local public holiday

Council has not previously applied for a full day local public holiday for the Coffs Harbour Gold Cup.  The benefits could include reduced concerns regarding caring for children and arranging transport that arise due to a part day public holiday.  However, this could increase concerns around the financial impacts on businesses, that do not arise with the part day public holiday, such as the requirement to pay penalty rates for businesses that remain open.

 

Local event day

Council has not previously applied for a local event day.  This option eliminates the costs associated with a public holiday that businesses experience as well the concerns with caring for children and arranging transport.  The declaration of a local event day or part day does not preclude banks or shops located within the designated holiday area from opening or trading on the day and employers are not compelled to treat the day as a public holiday.

 

No local public holiday or local event day

This option eliminates the costs associated with a public holiday that businesses experience as well as the concerns with caring for children and arranging transport.  This could likely reduce the numbers within the community that can attend the event, which may impact businesses that benefit from the public holiday and event.  This could result in the loss of tradition with the event and community spirit around other activities that occur on the afternoon.

 

During consultation, some submissions raised the idea of seeking a holiday for another event.  For a local government area to apply for and be granted a local public holiday or local event day, they need to demonstrate that the event or reason for the holiday is considered of special significance to the community.  Therefore, should Council wish to consider another event for a local public holiday or local event day, further community consultation would be required.

Options:

In determining Council’s course of action in relation to a local public holiday or local event day, the following are considered options for Council to consider:

 

1.    That Council applies for a part day local public holiday (12 noon to 5.30pm) on the first Thursday in August 2022 and 2023 for the Coffs Harbour Gold Cup.

2.    That Council applies for a full day local public holiday on the first Thursday in August 2022 and 2023 for the Coffs Harbour Gold Cup.

3.    That Council applies for a local event day on the first Thursday in August 2022 and 2023 for the Coffs Harbour Gold Cup.

4.    That Council not seek a local public holiday or local event day for the Coffs Harbour Local Government Area for 2022 and 2023.

Sustainability Assessment:

•     Environment

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

•     Social

There is evidence of community spirit during the week preceding the Coffs Harbour Gold Cup and it can generate employment and the opportunity for the community to use the holiday to socialise with friends and family.  Consultation conducted has also highlighted concerns in the community associated with the public holiday such as the impacts on schools and children, alcohol consumption, gambling and an increasing sentiment against horse racing due to animal welfare.  Any decision made by council would need to balance between the positive and negative impacts of a local public holiday.

•     Civic Leadership

The nomination of this type of event in consultation with stakeholders is consistent with the MyCoffs Strategy B.1 A thriving and sustainable local economy.

•     Economic – Broader Economic Implications

There is evidence that the public holiday provides economic benefits for the Race Club, some local businesses and tourism benefits for Coffs Harbour generally.  Feedback from consultation also present concerns that business can also be negatively impacted by the public holiday.  Any decision made by council would need to balance between the positive and negative impacts of a local public holiday.

•     Economic - Delivery Program/Operational Plan Implications

There are no Delivery Program or Operational Plan implications as a result of this report.

Risk Analysis:

Due to the variability in opinion within the community, there is a potential for reputational risk to Council.  Regardless of what decision Council makes, there will likely be impacts and dissatisfaction within the community.

Consultation:

Council conducted public consultation to assess impacts to regional businesses and local communities, the effect on local schools and transport of school students.  The consultation period was between Thursday, 19 August 2021 to Wednesday, 15 September 2021.

 

The public consultation period was advertised through Media releases, articles and an advertisement in the News of the Area Newspaper, an alert through Council’s Facebook page and Council also created a page on its “Have Your Say” site within Council’s website.

 

For this consultation period, the process was changed to include a survey to:

 

·     Select a preferred option for the Coffs Harbour Gold Cup Event (full day or part day public holiday, local event day, no public holiday or local event day or other)

·     Select whether there is a positive or negative impact on businesses or employers

·     Select whether the submitter attends the Coffs cup event or plans another activity

·     Provide an opportunity for further details on impacts

 

In total, Council received 268 submissions (251 through “Have Your Say” and 17 direct letters to Council).  The majority of responses (90.3%) were submitted by those who live in the local government area (LGA), with good representation from the northern (15.7%), central (43.7%), western (3.7%) and southern (27.2%) parts of the LGA.  The remaining submissions (9.7%) were either from people who do not reside in to the LGA or those whose locality could not be determined (6.3%).

 

The response to consultation demonstrated that the local public holiday is an important issue in the community.  There was an increase in submissions compared to the 2019 consultation process.  Even though there was an increase in submissions, the overall considerations for and against the public holiday have not broadly changed.  As with previous years, arguments for the local public holiday included:

 

·     Economic benefits for the Race Club, local businesses, and employment opportunities,

·     It is great for the community, enables socialising, connections and networking and/or spending time with family and friends (whether at the event or not),

·     The Coffs Harbour Gold Cup and associated holiday is a tradition.

 

Arguments against the local public holiday included:

 

·     Impacts children, education, schooling and arrangements of school buses and transport,

·     Impacts on businesses due to increased costs, staff wages, loss of income, shutting operation, employee work commitments and customers,

·     Issues/concerns that the event and public holiday supports and promotes gambling and/or alcohol consumption,

·     Concerns regarding the animal welfare in relation to horse racing,

·     They do not attend or have no interest in horse racing,

·     Disruption and traffic issues.

 

Other submissions also raised that the public holiday should be held for a more family/community orientated event, e.g. Harmony day or a celebration of our Aboriginal heritage.  Further community consultation would be required for this to occur.

 

The following table provides a further summary of the consultation results from the survey.

 

Submission

No. of times selected

Percentage selected

No local public holiday or event day

116

34%

Full day public holiday

91

26%

Part day local public holiday (Same as previous years)

78

23%

Local event day

50

14%

Other or did not specify

11

3%

 

Impacts on businesses and employers

 

Nearly half of the submissions selected reported that the part day public holiday had a negative impact on businesses and employers for the Coffs Harbour Gold Cup.  Reasons provided were mainly due to impact on the business function, staffing and costs associated with penalty rates as well as staff needing to care for children and the general disruption from the public holiday.  This is similar to feed back in previous consultation.

 

Nearly 30% of respondents report a positive impact or benefits on businesses and employers.  Although, none of the responses provided any further detail on what the positive impact and benefits were.

 

The remaining submissions either stated there was no impact or did not provide an answer.

 

What do respondents do on the day?

 

The following summarises what respondents do on the day of the public holiday.

 

Submission

No. of times selected

Percentage selected

Other (please Specify)

129

48%

Plan/participate in a different activity during the public holiday time

62

23%

Attend the Coffs Harbour Gold Cup event

40

15%

Both attend the Coffs Harbour Gold Cup event and plan/ participate in a different activity during the public holiday time

20

7%

Did not specify

17

6%

 

All submissions provided to Council are available in Confidential Attachment 2.

Related Policy, Precedents and / or Statutory Requirements:

·     Public Holidays Act 2010

·     Guidelines for Local Public Holiday and Local Event Day Applications issued by NSW Treasury

Implementation Date / Priority:

Immediate.

Conclusion:

It is recommended that Council continues to apply for an annual part day local public holiday for the Coffs Harbour Gold Cup.

 

 

 





GM21/19      Cultural and Civic Space Gallery and Museum Name

Author:                        CCS Project Lead

Authoriser:                  General Manager

MyCoffs:                      B.2 A community achieving its potential

Attachments:              ATT1  GM21/19  Yarrila Place Gallery and Museum naming report  

 

Executive Summary

The Cultural and Civic Space project always envisaged an official name for the newly combined art gallery and museum in Yarrila Place.

 

The Cultural and Civic Space (CCS) Project team in conjunction with local firm, saso.creative, coordinated an extension of the consultative process with the community originating from the Yarrila Place naming process. The extension of this consultation, primarily focused on engagement with stakeholder groups has culminated in a recommended name for the art gallery and museum.  The recommended name is YAM which is an acronym for Yarrila Arts & Museum.

 

The stakeholder workshops in September 2021 generated a pool of potential names that has been filtered down to the recommended name.  This process is described in saso.creative’s report which is Attachment 1 to this report.

 

RECOMMENDATION:

That Council adopt the name of YAM (Yarrila Arts and Museum) for the combined art gallery and museum at Yarrila Place.

 

Report

Description of Item:

This report provides an overview of the process undertaken to develop name options for the museum and gallery at Yarrila Place and recommends adoption of the name YAM.

Issues:

The Cultural and Civic Space project always envisaged an official name for the newly combined art gallery and museum in Yarrila Place.

 

The Cultural and Civic Space (CCS) Project team in conjunction with local firm, saso.creative, conducted an extension of the Yarrila Place naming consultative process which has culminated in a recommended name for the art gallery and museum.  The recommended name is YAM which is an acronym for Yarrila Arts & Museum.

 

The process behind this report is described briefly below and detailed in saso.creative’s report which is Attachment 1 to this report.

 

Following the conduct of the broader Yarrila Place naming consultative process, stakeholder workshops were conducted in September 2021, generating a pool of potential names for the art gallery and museum that has been filtered down to the recommended name.

 

The stakeholder workshops were conducted to establish key themes and ideas of the new combined gallery and museum space, in particular its relationship to Yarrila Place, and potential names that best support that relationship, the gallery’s and museum’s function and its personality.

 

Workshop participants were drawn from a diverse mix of artists, Friends of the Gallery, museum and gallery volunteers, Council’s Cultural Reference Group, and from Council’s gallery, museum and library staff.

 

In addition to the stakeholder workshops, the name pool for the gallery and museum benefited from some of the output from the Yarrila Place naming exercise.  Research conducted into the naming of Yarrila Place sought, in passing, feedback on galleries and museums in general, and on Coffs’ art gallery and museum in particular.

 

All data gathered from the workshops was recorded and collated.  Some highlights of results are:

●     Yarrila Place, as a name, has very strong support.

●     Participants were in favour of Yarrila Place leading the branding, and the gallery and museum entity being subordinate to that branding — though this wasn’t borne out in their naming choices.

●     A number of specific words arose as points for discussion, whether these words are necessary in the name of the gallery and museum entity, or not advisable.  These included “regional” (not necessary), “Coffs” vs “Coffs Harbour” (Coffs), “art museum” or “art gallery and museum” (no to art museum, because art museum has a specific meaning), the words “culture” and “space” (roughly neutral).

●     Key personality traits pointed to, in order, sincerity (down-to-earth, honest, cheerful); exciting (daring, spirited, up-to-date); and competent (reliable, intelligent).

 

A number of keywords resonated through both the Yarrila workshops and gallery and museum focus groups: creative, inspiring, colourful, thought-provoking, social and accessible, among many others.  Given the Yarrila sessions gave rise to some 1450-odd keywords, this commonality is significant.

 

Based on the analysis of the data and applications from the stakeholder workshops against various practical criteria (is it marketable, is it distinctive, does it speak to its function etc.), saso.creative presented a longlist of 23 potential names to the project naming work group consisting of Council staff members.  The longlisted names included: those that arose from the focus groups and either ranked well or were seen to have merit; names from the Yarrila workshop sessions, if appropriate; and names developed and forwarded by saso.creative.

 

Following discussion regarding the longlist, saso.creative and the naming work group shortlisted the four names presented in this report (per Options section) using the following criteria:

 

●    Is it distinctive? Memorable? Unique?

●    Easy to say? Easy to pronounce? Easy to spell?

●    Not used elsewhere?

●    Does it speak to its functions?

●    Can you see it on a sign? On a google map? In a tourism brochure?

●    Will a tourist/visitor recall it easily? And spell it correctly?

●    Does it compete with or support “Yarrila Place”?

●    “I’ll meet you at ….”  “Have you heard what’s happening at ….”

●    Is it timeless?

●    Can the name compete with other regional galleries and museums?

●    Does it use outlawed words? Is it worth it?

●    Does it speak to the personality traits?

 

The shortlisted four names were then presented to the CCS Project Board for consideration and the Project Board ultimately suggested that YAM (Yarrila Arts and Museum) be recommended to Council.

Options:

The name options for the combined art gallery and museum are:

 

1.    Accept the recommendation of YAM (Yarrila Arts and Museum) as the name.

2.    Accept AMY as the name, noting that it is an acronym of Arts and Museum at Yarrila.

3.    Accept CG&M as the name, noting that it is an acronym of Coffs Gallery and Museum.

4.    Accept Coffs Museum and Gallery as the name.

5.    Reject all four shortlisted names and recommend an alternative methodology for naming the gallery and museum at Yarrila Place.

Sustainability Assessment:

•     Environment

It is not envisaged that there are any environmental impacts associated with Council considering the naming of the gallery and museum.

•     Social

Naming of this important Council asset supports promotion of the new gallery and museum to the local community and visitors in terms of both the enduring cultural offering and specific exhibitions and programmes over time.

•     Civic Leadership

Civic leadership is shown through the engagement of key stakeholders to derive this name.

•     Economic – Broader Economic Implications

Whilst difficult to quantify, there may be some positive broad economic outcomes arising from the naming of the gallery and museum.  The creation of an identity may provide further assistance in creating awareness of Yarrila Place and the facilities and opportunities within, thus generating broader interest and visitation.

•     Economic - Delivery Program/Operational Plan Implications

Naming of the gallery and museum is part of the scope of the CCS Project and is covered in the adopted budget for that project.

Risk Analysis:

The key risk considered is that some members of the local community may not agree with the adopted name, however it is unlikely that any name would receive unanimous support from the community.

Consultation:

The engagement approach to the naming of the gallery and museum was undertaken as an extension of the wider community engagement process associated with the naming of Yarrila Place. Participants in the stakeholder workshops were drawn from a diverse mix of artists, Friends of the Gallery, museum and gallery volunteers, Council’s Cultural Reference Group, and from Council gallery, museum and library staff.

Related Policy, Precedents and / or Statutory Requirements:

Adopted Council strategies and policies include, but are not limited to, the following:

-      MyCoffs Community Strategic Plan

-      Community Participation and Engagement Plan

Implementation Date / Priority:

The naming and associated wayfinding is to be completed as part of the CCS Project construction, due for completion October 2022.

Conclusion:

This report provides Council the opportunity to adopt an official name for the combined museum and gallery at Yarrila Place.  Adoption of the name YAM (Yarrila Arts and Museum) is recommended.

 

 


































GM21/20      Coffs Harbour Technology Park Ltd - Change to Constitution to Become a Not-For-Profit Entity

Author:                        Director Business Services

Authoriser:                  General Manager

MyCoffs:                      B.1 A thriving and sustainable local economy

Attachments:              ATT1  GM21/20  CONFIDENTIAL Coffs Harbour Technology Park Ltd - Financial Statements as at 30 June 2021

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  GM21/20  CONFIDENTIAL Coffs Harbour Technology Park Ltd - Amended Constitution with Tracked Changes  

ATT3  GM21/20  CONFIDENTIAL Coffs Harbour Technology Park Ltd - Amended Constitution Final   

 

Executive Summary

Coffs Harbour Technology Park Ltd (CHTPL) is an unlisted public company limited by shares formed in 2001 whose principal activity is the commercial letting of premises that the company has built on leasehold land from the NSW Government.  The company was established as a venture with Council, Southern Cross University and NSW TAFE to provide facilities as a focus for technology and technology service providers.

 

Over the company’s history, grant applications have been made unsuccessfully to programs to assist in the funding of initiatives and importantly expansion of the technology park facilities.  One common issue that arises, which limits the company’s eligibility for grants, is the company’s current for-profit status.

 

It is proposed that the company’s constitution be changed to reflect a not-for-profit status which will provide the company a greater opportunity to source grant funding, but is unlikely to have a significant impact on the company’s performance.  The change is supported by the Council’s office bearers for the company and is recommended to Council for its support.

 

 

Recommendation:

That Council:

1.    Agree to amend to the Coffs Harbour Technology Park Ltd constitution to change the status of the company from a for-profit to a not-for-profit entity, as detailed in Confidential Attachments 2 and 3.

2.    Note that the final decision to amend the constitution will be made by a meeting of shareholders in coming months and that Councillors will be advised of the outcome of that meeting.

 

 

Report

Description of Item:

CHTPL is an unlisted public company limited by shares formed in 2001 that’s principal activity is the commercial letting of premises that the company has built on leasehold land from the NSW Government.  The company was established as a venture with Council, Southern Cross University and NSW TAFE to provide facilities as a focus for technology and technology service providers.  The Council holds one third of the share capital and has made unsecured loans to the company.  The General Manager is a director and the Director Business Services is the secretary of the company.

 

The Council’s potential share of the net tangible assets of the company are insignificant to Council’s operations and financial position and accordingly the interest in this entity is not material to Council’s financial report.  A copy of the company’s Financial Statements as at 30 June 2021 are included for Council’s information (Confidential Attachment 1).

 

Over the company’s history, grant applications have been made unsuccessfully to programs to assist in the funding of initiatives and importantly expansion of the technology park facilities.  One common issue that arises, which limits the company’s eligibility for grants, is the company’s current for-profit status.  The company’s performance over its history of operation does not indicate that profitability is necessarily achievable or, in fact, that this is actually the over-riding objective of the company.  Rather the company has been focussed on incubating new technology and other enterprises with synergies with the shareholders, while maintaining realistic rental, accommodation and support arrangements.  These arrangements are commercial to the extent that they can be achieved.

 

Changing the company’s constitution to reflect a not-for-profit status will provide the company a greater opportunity to source grant funding, but is unlikely to have a significant impact on the company’s performance.

Issues:

There are several areas of the current constitution which require amendment to change the company’s status from a for-profit to a not-for-profit company.  These are detailed and explained below.

 

1.    Objects of the company specified (Clause 2 and 81))

 

The Objects of the company are specified to demonstrate its community and innovation purposes that are suitable for a not-for-profit entity to undertake.

 

The objects for which the Company is established and maintained are to:

 

2.1     foster and build the community of technology entrepreneurship within Australia;

2.2     promote a culture of innovation and entrepreneurship in Australia by assisting innovators to commercialise their ideas;

2.3     creation of an entrepreneurial community through the provision of business workspaces and networking opportunities to entrepreneurs including facilitated events and workshops to collaborate and share knowledge, experience and insights;

and

2.4     doing all such things as are incidental or conducive to the attainment of all or any objects of the Company set out above.

 

Also, Clause 81 has been inserted to explicitly state that:

 

The assets and income of the Company shall be applied solely to further its objects and no portion shall be distributed directly or indirectly to the Members except as genuine compensation for services rendered or expenses incurred on behalf of the Company.

 

2.    Remove the ability to provide dividends to shareholders (Clauses 3 and 78 – 85)

 

The right of shareholders to receive dividends has been removed from Clause 2 and the Clauses associated with mechanics of the dividend setting and payment process (Clauses 78-85) have consequentially been deleted.

 

3.    Remove the ability for fees to be paid to Directors (Clause 57)

 

There are currently no Director Fees paid by the company.  A payment is made to the Chairperson to provide for the cost of personal liability insurance.  Clause 57 has been changed to explicitly state that no directors will be paid directors’ fees for acting as a director.

 

4.    Include the requirement for the company’s net assets to be transferred to an entity with similar purposes on winding-up (Clause 3 and 82)

 

The right of shareholders to participate in the distribution of the assets of the company has been removed from Clause 2.  Clause 82 has been rewritten to remove the right to distribute the net assets of the company to its members if the company is wound up and now explicitly states that in this circumstance, that the net assets must be transferred to another organisation with similar purposes, which is charitable at law and which has rules prohibiting the distribution of its assets to its members.

 

Finally, with the redrafting of the constitution, the opportunity has been taken to make minor drafting amendments and to remove the use of Alternate Directors.  These changes are not considered consequential in nature.

 

The Board of Directors of CHTPL have also considered the impact of the proposed change of status and these matters are summarised as follows:

 

·      If wound up, could the net assets be transferred to an existing shareholder?  This would depend on the objects and not-for-profit status of the shareholder’s proposed entity and, in any case, would be subject to a resolution to wind-up the company by the Directors.  A winding-up of the company is not foreseen as likely.

·      Will accumulated tax losses be able to be offset in future?  This is able to be done provided there is no material change to the operation of the company and no such change is proposed.

·      How do the shareholders recoup loans?  Nothing in the proposed changes prevent the shareholders being paid for loans outstanding on commercial terms and to the extent the company has the capacity to do so.

·      Does the shareholders/directors risk exposure change?  The only material change is the inclusion of specific objects, which provide the directors with an additional obligation to uphold.

·      Can the company future status be changed back if future profits are realised?  Yes, however this would cause complications with any grants received and taxation.  This is considered unlikely.

·      Will reporting be less onerous?  No, the current reporting will continue, including the auditing of the annual financial statements and associated returns.  Some further reporting to the Australian Charities and Not-for-Profit Commission (ACNC) may also be required.

 

None of these matters are considered, from Council’s perspective, significant enough when compared to the benefits to prevent support for the change to the company’s constitution.

Options:

Council has the following options to consider in relation to this matter:

 

1.    Accept the recommendation and endorse the proposed changes to the CHTPL’s constitution changing the company’s status to a not-for-profit entity.

2.    Reject the recommendation and continue with CHTPL’s current constitution with the company’s for-profit status.

Sustainability Assessment:

•     Environment

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

•     Social

Supporting the CHTPL’s business innovation objective through the change of the company’s constitution will assist in potential expansion of the company’s operations through future grant funding.  This would provide increased employment opportunities for people in the Coffs Harbour Local Government Area.

•     Civic Leadership

Providing support for the company change of status solidifies Council’s commitment to the CHTPL and its objects.  This also demonstrates leadership for the remaining shareholders to positively consider the proposed change.

•     Economic – Broader Economic Implications

The objects proposed for CHTPL explicitly outline how the company assists business innovation and entrepreneurship, which leads to increased employment in the city and the region.

•     Economic - Delivery Program/Operational Plan Implications

There are no direct Delivery Program/Operational Plan implications for Council from a change in the company’s status.

 

However, as discussed in the Issues section above, the changes required to the constitution include the removal of the company’s ability to pay dividends to the shareholders.  To date there have been no dividends paid to Council and it is considered unlikely that this would occur in the future even if the company retained its for-profit status.

Risk Analysis:

The risks associated with the change to the CHTPL’s status to a not-for-profit entity predominantly relate to implications associated with the winding-up of the company at some time in the future, the removal of payment of dividends to the shareholders and potential tax implications.  These risks have been addressed in more detail in the Issues section of this report.

Consultation:

The change to the company’s constitution requires shareholders’ meeting to resolve the matter.  Each of the three shareholders is consulting with and seeking the endorsement of their governing bodies to test support for the proposed change of status recommended by CHTPL’s Board or Directors.

Related Policy, Precedents and / or Statutory Requirements:

Council has been a shareholder of CHTPL since its formation in 2001.  The constitution is the primary governance document for the company.

Implementation Date / Priority:

The change to the company’s constitution will only occur if it is supported by the shareholders at a meeting in coming months.  Councillors will be advised of the outcome of the meeting.

Conclusion:

This report presents a proposal to change the CHTPL’s constitution in the ways necessary for the company to achieve a not-for-profit status.  Changing the company’s constitution to reflect a not-for-profit status will provide the company a greater opportunity to source grant funding, but is unlikely to have a significant impact on the company’s performance.  The change is supported by the Council’s office bearers for the company and is recommended to Council for its support.

 

 

 


BS21/57       Service Partnership with Service NSW

Author:                        Group Leader Customer Services

Authoriser:                  Director Business Services

MyCoffs:                      B.1 A thriving and sustainable local economy

Attachments:              Nil

 

Executive Summary

This report provides background information and seeks support to renew a partnership with Service NSW to deliver a business support program within the Coffs Harbour Local Government Area (LGA).  The program aims to streamline the processes of opening and running a business and requires a resolution of Council to proceed.

 

RECOMMENDATION:

That Council delegate authority to the General Manager to execute a Service Partnership Agreement with Service NSW for their business support program.

 

Report

Description of Item:

It is proposed that Coffs Harbour City Council continues to participate in a business support program through a Service Partnership Agreement with Service NSW.

 

The business support program (previously known as the Easy to Do Business Program) commenced in 2018 by the Department of Premier and Cabinet, Service NSW and the Office of the NSW Small Business Commissioner to encourage investment in small business.

 

Council at its meeting of 22 March 2018 resolved to participate in the business support program with the previous partnership agreement commencing in June 2018.

 

The initiative focuses on coordinating and navigating through the various government approvals required by new business owners.  The aim being to streamline the processes of opening and running a business.

 

Service NSW provides a digital platform and upfront information regarding what is required by a potential new business owner from all of the approval authorities, including Council.  A business concierge service, via a single phone number, is also provided to support customers through the process.

 

Benefits of the partnership include, improved support and a single source of information for target businesses, reduced duplication, streamlining of the processes associated with opening and growing a business, and improved quality of information provided to Council, helping to reduce processing and assessment times.

 

In accordance with the Service NSW (One-stop Access to Government Services) Act 2013, a Council resolution is required to enact the Service Partnership Agreement and to delegate the relevant customer service functions related to the administration of the Easy to Do Business Program to the Chief Executive Officer, Service NSW.

Issues:

There are no perceived current or future issues with the information contained in this report.

Options:

Essentially, Council has two options in considering this report:

 

1.    Adopt the recommendation contained in this report, thus continuing the partnership with Service NSW; or

2.    Reject the recommendation and inform Service NSW that Council does not wish to continue with the business support program.

Sustainability Assessment:

•     Environment

There are no perceived current or future environmental impacts with the information contained in this report.

•     Social

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

•     Civic Leadership

Participation in the business support program demonstrates Council’s leadership by promoting the following objectives of the MyCoffs Community Strategic Plan:

 

-      A thriving and sustainable economy; and

-      We have effective use of public resources.

•     Economic – Broader Economic Implications

Improving processes to enable business to open faster and create jobs has the potential to positively impact our local economy.

•     Economic - Delivery Program/Operational Plan Implications

Council’s Delivery Program/Operational Plan currently makes no provision for participation in the program; however, there are no financial implications for our involvement and therefore no impact on the delivery program or operational plan.

Risk Analysis:

The business support program has been successful with business across the Coffs Harbour LGA and continues to be supported by the majority of councils across NSW.  The support provided by Service NSW to the program combined with the NSW governments commitment to ongoing funding mitigates Council’s risk of participating in the program.

Consultation:

Relevant stakeholders within Council have a good knowledge of the business support program.

Related Policy, Precedents and / or Statutory Requirements:

-      Service NSW (One-stop Access to Government Services) Act 2013

-      Local Government Act 1993 and associated Regulations

Implementation Date / Priority:

A new Service Partnership Agreement must be enacted by 31 October 2021 for Council to continue its partnership with Service NSW through the business support program.

Conclusion:

It is recommended, for Councillors consideration that continuing a partnership with Service NSW for their business support program will continue to deliver an improved customer experience for businesses.

 

 

 


BS21/58       Monthly Financial Performance Report for the Month Ended 31 August 2021

Author:                        Finance Business Partner

Authoriser:                  Director Business Services

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

Attachments:              ATT1  BS21/58   Monthly Financial Performance Report for the month ended 31 August 2021  

 

Executive Summary

This report presents the Monthly Financial Performance Report for the month ended 31 August 2021.  The report provides information on the actual to budget position at the financial statement level and capital expenditure reports for the current financial year.  As at 31 August 2021, the budget year to date surplus after capital revenue is $3.4 million with the actual year to date surplus being $4.5 million.

 

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

 

The capital expenditure target for the current financial year is $175.3 million after revotes were approved and added last Council meeting, with $8.2 million expended to the end of August 2021.

 

Recommendation:

That Council note the Monthly Financial Performance Report for 31 August 2021.

 

Report

Description of Item:

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

 

The report includes:

 

Financial Management Summary

·     The net operating deficit, before capital revenue, of $3.72 million is $437,000 better than the $4.16 million deficit expected.  The actual year to date surplus, after capital revenue, is $4.5 million against a budget of $3.4 million.  Operating expenditure to the end of August is $29.1 million against a budget of $29.6 million.

·     Capital expenses are on track with YTD budget expectations with total capital expenditure to the end of August of $13.7 million versus a YTD budget of $13.7 million.  Due to COVID-19 restrictions and materials shortages, capital expenditure will continue to be reviewed.

 

Income Statement

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

 

Capital Expenditure Summary and Detailed

·     Capital expenditure by cost centre, and then at a more detailed level, is provided in the attachment.  There are some negative expenditures due to invoice accrual reversals from 2020-21.  Invoices are due to be received over the coming weeks.  Explanations have been provided for any variances greater than $200,000.

Issues:

Income Statement commentary as at 31 August 2021 for Year to Date (YTD) variances:

 

Expenditure

·     Other Expenses – The primary variance in other expenses is due to expenditure being budgeted for as an ‘other expense’ whereas the actual expenditure is being realised as ‘materials and contracts’.  These expenses will be reviewed as part of the September QBRS.

 

Income Statement commentary as at 31 August 2021 for Monthly variances:

 

Revenue

 

·    Capital Revenue – Developer Contributions are budgeted for evenly over the financial year however actual revenue is recognised sporadically throughout the financial year.

 

Expenditure

·    Employee Benefits and On costs – The variance is due to an additional week of salaries being paid in the month of August, whereas budgets have been apportioned evenly (monthly) across the year. Employee Benefits and on costs are currently within budget expectations year to date.

·    Other Expenses - The primary variance in other expenses is due to expenditure being budgeted for as an ‘other expense’ whereas the actual expenditure is being realised as ‘materials and contracts’.  These expenses will be reviewed as part of the September QBRS.

Options:

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

Sustainability Assessment:

•     Environment

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

•     Social

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

•     Civic Leadership

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

•     Economic – Broader Economic Implications

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

•     Economic - Delivery Program/Operational Plan Implications

The budget year to date surplus, after capital revenue, is projected to be $3.4 million as at 31 August 2021 with the actual year to date surplus being $4.5 million.

Risk Analysis:

There are no risks associated with this report.

Consultation:

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

Related Policy, Precedents and / or Statutory Requirements:

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

Implementation Date / Priority:

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

Conclusion:

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

 

The Responsible Accounting Officer confirms the Monthly Financial Performance Report for the month ended 31 August 2021 indicates the financial position of the Council is satisfactory, having regard to the projected estimates of income and expenditure and the original budgeted income and expenditure.

 

 















BS21/59       Coffs Harbour Airport Enterprise Park Project Update

Author:                        Property Strategy Project Manager

Authoriser:                  Director Business Services

MyCoffs:                      B.1 A thriving and sustainable local economy

Attachments:              Nil

 

Executive Summary

This report provides Council with an update on the construction of the Airport Enterprise Park (AEP) and, in particular, an update on the budget status of the project.

 

The AEP construction has been divided into three major works portions (Work Portion A (WPA), Work Portion B (WPB) and Work Portion C (WPC)) with WPA completed early 2021.  WPB is currently under construction (90% complete and scheduled to be finished October 2021).  Tenders have recently closed for WPC, which includes 34 fully serviced lots and associated roadways and services.  Pending acceptance of the WPC tender, the project is on time for completion in April 2022.

 

The contract for WPB was entered into in February 2021 and during this portion’s construction over subsequent months, a number of issues have arisen and been managed by the project team to progress the development in line with the tight timeframe for delivery under the Federal and State Government grant agreements.  The most significant issues have been difficult ground conditions and the requirement for a large amount of additional fill material for road construction and the raising of lots to the required levels to facilitate appropriate drainage.

 

The project’s budget has been managed at a holistic level; however, it is acknowledged that given the large amount of additional bulk earthworks required, this potential for budget impact should have been made known to Councillors earlier.  This has been discussed with the project team.  Over the last few months there has been a focus on understanding the forecast end cost and the WPC tender, which is the subject of another report to Council in this business paper, has allowed this to now be fully estimated with the knowledge gained from the construction to date of WPB.

 

Despite the cost increase of $5.6 million for the AEP construction project, the project budget contribution from Council is forecast to be $10.5 million in line with what was proposed back in November 2017 for two initial stages, and is under the $15 million Council contribution ($10.5 million from the Sewer Fund and $4.5 million from the Plant and Vehicle Fund) approved in November 2019.  The February 2021 update report noted an estimated $5 million contribution from the Sewer Fund but the budget contribution will now need to remain at $10.5 million to enable the completion of the AEP project.

 

The forecast end cost for the project is now $30,030,240 to be funded through:

 

·    $10 million Federal Government grant (Regional Growth Fund)

·    $10 million State Government (Restart NSW Fund)

·    $10.5 million Council Internal Loan (Sewer Fund)

 

The completion of the AEP development will provide the city and region with a 43 hectare subdivision significantly brought forward through, effectively equal funding contributions of all levels of government, and will act as an economic and employment driver for the region.

 

There has also been an additional $670,324 in costs incurred for airside Telstra relocation works that are not part of the AEP works.  These costs are to be funded through the Airport Reserve.

 

The rezoning application has been lodged and is currently being independently assessed.

 

RECOMMENDATION:

That Council:

1.   Note the report.

2.   Note the expenditure of the $10.5 million budget contribution funded from the previously agreed Sewer Fund internal loan, which will be reflected in the September Quarterly Budget Review Statement.

3.   Approve an additional allocation of $670,324 for the relocation of Telstra assets from within the airside boundary to be funded through the Airport Reserve.

 

Report

Description of Item:

Construction Update

 

The AEP construction has been divided into three major works portions (Work Portion A (WPA), Work Portion B (WPB) and Work Portion C (WPC)) with WPA completed early 2021.  There were also significant drainage and flood mitigation works undertaken prior to the commencement of the work portions.

 

WPA included the development of the southern precinct and focussed upon providing 10 early access lots for incoming tenants along with substantial lot filling, service relocations, new services, road works and drainage works.  WPB is currently under construction (90% complete and scheduled to be finished October 2021) and includes substantial lot filling, the construction of the new Hogbin Drive intersection, 26 fully serviced lots, road works, drainage and the reconstruction of Christmas Bells Road.  Tenders have recently closed for WPC, which includes 34 fully serviced lots and associated roadways and services.  Pending acceptance of the tender for WPC, the project is on track to meet the completion date stipulated in the Federal and State grant agreements and will be in compliance with the Development Agreement.

 

Together with 20 existing lots, which will now be fully serviced, the completed AEP development will contain 90 lots.  Some previously planned lots have been consolidated based on market demand for the size of lots.

 

Budget Update

 

In November 2017, Council resolved to advance the initial two stages of the AEP development and seek ministerial approval for internal loan funding from the Water and/or Sewer Funds of $10.5 million.  The funding was subsequently approved by the Minister from the Sewer Fund and included in Council’s budgets.

 

At its meeting of 14 November 2019, Council received an update report on preliminary works, cost breakdown and funding for the full AEP development of approximately $25 million based upon a revised cost estimate.  At that time, to enable the construction of the full project to proceed, Council adopted a funding model of $10 million Federal Government Grant, $10.5 million internal loan from the Sewer Fund and $4.5 million through an interim internal loan from the Plant and Vehicle Replacement Reserve, noting that the final funding model would be determined following the outcome of Council’s grant application to the State Government.  Specifically, Council resolved:

 

That Council:

1.    Notes the report.

2.    Continues to seek grant funding for the Coffs Harbour Airport Enterprise Park Project from State and Federal Governments.

3.    That Council, to enable the execution of the Federal Government Grant Agreement for $10 million for the full development of the Coffs Harbour Airport Enterprise Park Project:

3.1.    Approves the allocation of an additional $4.5 million from the Plant and Vehicle Replacement Reserve through an interest only internal loan for a period of no greater than 12 months.

3.2.    Notes that a further report will be provided to Council on the final funding requirement once the outcome of the State Government Grant application for the project is known.

 

On 18 November 2020 it was announced that Council was successful in its Growing Local Economies grant application for $10 million from the State Government for the AEP Project.  Council subsequently executed a funding deed for the grant funds.

 

On 11 February 2021 Council received a further funding update on the AEP at the conclusion of Work Portion A (WPA)/pre-commencement of WPB which resolved:

 

That Council notes the final funding for the Airport Enterprise Park development as follows:

·   $10 million Federal Government Grant (Regional Growth Fund)

·   $10 million State Government Grant (Restart NSW Fund)

·   $5 million Council Internal Loan (Sewer Fund)

 

The contract for WPB was entered into in February 2021 and during this portion’s construction over subsequent months, a number of issues have arisen and been managed by the project team to progress the development, in line with the tight timeframe for delivery under the Federal and State Government grant agreements. The most significant issues have been difficult ground conditions and the requirement for a large amount of additional fill material for road construction and the raising of lots to the required levels to facilitate appropriate drainage.

 

Other smaller cost increases have resulted from redesign, supply issues due to COVID-19, unplanned telecommunications relocations, including an obligation to use Telstra for communication infrastructure works (as opposed to an open tender process), and a number of other more minor construction issues.  The key items are discussed in the Issues section of the report.

 

These issues have had a cumulative impact upon the budget and this report seeks to confirm the forecast project end cost prior to approving a contract for WPC.  Whilst the project cost contribution from Council remains within the $10.5 million originally proposed in November 2017 and November 2019, the proposed Council commitment to the project is above the position noted in February 2021.

 

This report also seeks a $670,324 budget allocation for the removal of Telstra assets from within the airside boundary.  These works were not part of the AEP but were a requirement from Telstra and were therefore not part of the original project budget.

 

Over the last few months there has been a focus on understanding the forecast end cost and the WPC tender, which is the subject of another report to Council in this business paper, has allowed this to now be fully estimated with the knowledge gained from the construction to date of WPB.

 

Rezoning Update

 

Progressing concurrently with the construction of the project, Council has also resolved to seek a rezoning of the AEP.  The rezoning application has been submitted and an independent assessment of the application is currently underway.

Issues:

The budget increase is the key issue before Council.  The project has brought forward a number of challenges that have adversely impacted upon the 2019 cost estimates that informed the budget for the project.  A comparison of the 2019 Estimate versus the Forecast End Cost (that is, Actuals to Date Plus WPC) is as follows:

 

Works/Item

2019 Estimate

Forecast End Cost

Variance

Contractors Administration and Overhead

742,672

611,537

131,135

Flood Mitigation Works

1,030,000

1,720,055

-690,055

Bulk Earthworks

1,577,089

9,037,954

-7,460,865

Roadworks

7,919,038

6,741,483

1,177,555

Stormwater Drainage

4,712,492

2,652,453

2,060,039

Sewer

1,246,682

1,237,883

8,799

Water Supply

909,234

769,246

139,988

Electrical

1,916,572

2,062,472

-145,900

Telco

1,226,606

1,174,647

51,959

Landscaping

239,572

765,607

-526,035

Construction Contingency

2,151,996

1,637,523

514,473

Council’s Fees and Charges

311,443

492,421

-180,978

Works Supervision and Certification

239,572

1,010,513

-770,941

Survey and Title Registration Fees

119,786

81,283

38,503

Design Contingency

67,080

35,163

31,917

 Total

24,409,834

30,030,240

-5,620,406

 

Bulk Earthworks and Lot Fill

 

Bulk Earthworks and lot fill has been the single largest cost increase within the project.  Initial estimates of bulk fill were undertaken with consultants de Groot & Benson prior to detailed design.  During detailed design additional fill (175,000 cubic metres for WPB and WPC) was required to ensure the site drainage functioned appropriately.

 

There was an initial small quantity of fill (7,500 cubic metres) stockpiled on site for use; however, this was later deemed unsuitable due to the variable nature of the material.  It was also expected that fill from the excavations for the Cultural and Civic Space Project would be able to be utilised; however, this was found to contain reactive clay and again was considered unsuitable fill material.

 

Despite substantial geotechnical investigations during the planning and budget development stage, the combination of a high water table and poor ground conditions at the site meant that the imported fill needed to be granular and have free draining capabilities.  This resulted in a requirement to not only increase the volume of fill but also led to an increase in the tonne/cubic metre rate.  Significant cost impacts were subsequently experienced.  Lot fill for the project was initially estimated at $1.577 million but the final costs will be in the vicinity of $9.037 million.

 

The large increase in this budget item is offset by decreases in the Roadworks and Stormwater Drainage items (total $3.236 million), leading to a net overspend over the three line items of $4.222 million.  This is due to some of the Stormwater Drainage costs, particularly for the construction of the drainage retaining wall along the western edge of the AEP, and fill required for the road works being allocated to the Bulk Earthworks item.

 

The project’s budget has been managed at a holistic level; however, it is acknowledged that given the large amount of additional bulk earthworks required, the potential for budget impact should have been made known to Councillors earlier. This has been discussed with the project team.

 

Unsuitable Materials

 

During construction of new, and reconstruction of the existing roads within the AEP, a significant amount of unsuitable foundation material was found and had to be replaced.  These items have also contributed to significant variations under the various contracts with $677,000 incurred in additional costs.  Despite this, road works cost are still below the 2019 estimate.

 

Telecommunications Works

 

Existing Telstra/NBN cables ran through the site along the alignment of Christmas Bells Road and Aviation Drive before passing within the airside boundary and connecting with the Airport Terminal building.  These services were not identified during the Concept Plan and estimate stage.  As these services clashed with roads and drainage throughout the development, they were required to be relocated to run along Hogbin Drive.  The Airport Terminal building is now serviced from Hogbin Drive via Airport Drive rather than through the airside boundary.

 

The AEP telecommunications works associated with the realignment cost $622,444 and were factored in as part of the project costs.  The airside relocation component servicing the airport terminal cost $670,324 and are not directly related to the AEP works.  In total there have been $1.3 million in unbudgeted Telstra relocation works.  It was a stipulation by Telstra/NBN that the AEP works include the removal of the service from within the airside boundary.  It should also be noted that these works were undertaken by Telstra and while Council were obliged to fund the works, Telstra/NBN controlled the contracts and the works.  It is not easily quantifiable, but it is likely that the relocation costs were higher than if the project was controlled by Council contractors using Council’s procurement system.

 

Detailed Design Changes

 

Additional costs have been required through the project for the detailed design of the work portions.  This has been particularly the case for WPB and WPC and is the main contributor to the increase in the Works Supervision and Certification line item.

 

A specific example of this is that during construction of WPB, the contractor experienced unsuitable ground conditions that resulted in a complete redesign of the sewer system for WPB and WPC.  The original gravity sewer system could not be constructed due to the conditions and an alternate method was required to service all lots.  As a result, the system was redesigned as a pressure sewer system.  The combined cost impact of the redesign and lost time due to unsuitable ground conditions is estimated to be $110,000.

 

Unidentified Services and Unbudgeted Additional Items

 

During construction there have been a number of services (power/water/sewer) uncovered that were not identified in the design stage and/or were not on existing service plans.  These services had to be decommissioned, relocated or reconnected as they impacted upon the works.  The cost to the project for unidentified services is $324,000.

 

There are a number of items that were not considered in the 2019 budget estimate including the replacement of tenant assets that had to be demolished to enable works to proceed.  For example, the Aero Club BBQ area was demolished to enable the construction of the stormwater system and a new facility needs to be constructed as a replacement.  There is also a requirement to replace 1,400 metres of airport security fencing at a cost of $200,000 which was not allowed for in the 2019 estimate.

 

In addition, some supply chain issues limited supply, and compounded by short construction times, has also led to additional project costs.  In order to secure drainage infrastructure Council was required to ‘free purchase’ pipework and store them on site to ensure availability of the assets during construction.  This caused additional costs of $23,500 as the contractors were then required to double handle the pipes and pits.

Options:

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

 

1.   Adopt the recommendation and note the report and budget status, and allocate $670,324 from the Airport Reserve to fund the unbudgeted Telstra relocation works.

 

2.   Reject the recommendation. This would not provide budget certainty for the WPC tender to be accepted for the completion of construction of the AEP, in accordance with the grant agreements and the airport lease Development Agreement.

Sustainability Assessment:

•     Environment

The AEP development is subject to extensive environmental conditions to ensure appropriate compliance with standards are met.  Council is establishing a high quality sustainable development for the city and region.

•     Social

The AEP development provides a catalyst for further growth of the city and region, and provides additional employment opportunities through the enterprises established in the precinct.

•     Civic Leadership

The AEP development demonstrates Council’s leadership by promoting the following objectives of the MyCoffs Community Strategic Plan:

 

-      A thriving and sustainable economy

-      We have effective use of public resources

•     Economic – Broader Economic Implications

Coffs Harbour is located in a prime location strategically positioned halfway between Sydney and Brisbane.  The development site is ideally situated in close proximity to the CBD, Jetty Precinct, Coffs Harbour Education Campus and the Health Campus.  The AEP development is also in close proximity to road, rail and air connections.

 

It is anticipated that the site will attract a mixture of business enterprises as well as new aviation related enterprises to the area.  This in itself will boost employment for the long term and provide significant economic benefits to the Coffs Harbour region.

•     Economic - Delivery Program/Operational Plan Implications

The Operational Plan and budget for 2021/22 already reflects Council’s $10.5 million commitment to the AEP.  However, a further allocation of $670,324 will be required from the Airport Reserve to fund the unbudgeted Telstra relocation works.

 

It should be noted that the AEP will continue to deliver a revenue stream to Council through the airport lease revenue share arrangements and Council will continue to be the asset owner for all roads, stormwater, water and sewer mains infrastructure.

Risk Analysis:

Land development is subject in particular to financial risk.  As the AEP development process continues, risk assessments continue to be undertaken.  A project risk register is in place. The high level of grant funding has reduced but not eliminated Council’s financial risk exposure.

 

Council has grant agreements with the Federal and State Governments for the delivery of the full AEP development.  The Development Agreement between Council and the airport lessee also contains specific obligations regarding the delivery of the AEP, both in regards to deliverables and timeframes.  Failure to meet the deliverables and/or timeframes will expose Council to risks under these agreements.

Consultation:

Council officers continue to work with consultants together with a project manager to advance the project to completion.

 

A site visit/briefing has been arranged for Councillors to inspect and discuss the AEP development on 12 October 2021.

Related Policy, Precedents and / or Statutory Requirements:

·    Federal and State Government grant funding agreements

·    Airport lease Development Agreement

·    AEP Probity Plan

Implementation Date / Priority:

The AEP development is continuing with completion expected by April 2022 in line with the grant funding agreements, subject to the acceptance of the tender for WPC and associated contract.

Conclusion:

This report provides an update for Council on the construction progress, budget status and funding of the AEP development and the status of the rezoning application.

 

The construction of the project remains on target to meet the deadlines imposed as part of the grant funding agreements and the airport lease Development Agreement.

 

A range of factors have contributed to an increase in costs associated with the project including difficult ground conditions, availability and quality of fill materials, redesign, supply chain impacts from COVID-19 and increased costs of telecommunications infrastructure.

 

 


BS21/60       Contract No. RFT-1408-TO Airport Enterprise Park - Work Portion C

Author:                        Project Manager - Airport Enterprise Park

Authoriser:                  Director Business Services

MyCoffs:                      B.1 A thriving and sustainable local economy

Attachments:              ATT1  BS21/60   CONFIDENTIAL Contract No. RFT-1408-TO 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

The purpose of this report is to recommend a successful tenderer for the final stage of Airport Enterprise Park Work Portion C, in accordance with Council’s commitments to finalise the development by the end of April 2022.  Work Portion C consists of 34 lots and associated infrastructure, including earthworks, roads, drainage, water, sewer, power, telecommunications and landscaping. An open tender was called via Tenderlink.  Tenders were received from five contractors.

 

The report contains a confidential attachment which provides details of the tender evaluation and a recommendation for Council’s consideration.

 

 

RECOMMENDATION:

That Council considers the tenders received for Contract No. RFT-1408-TO Airport Enterprise Park - Work Portion C, and adopts the recommendation as detailed in the confidential attachment.

 

Report

Description of Item:

Work Portion C is the last stage in the Airport Enterprise Park subdivision development.  At the completion of this stage 70 additional lots will have been created in the airport precinct, bringing the total number of fully serviced lots to 90 in the entire development.

 

Council has received grant funding for this project from both the Federal and State Governments with the requirement that the entire project is to be completed by the end of April 2022.  Commitments regarding the completion of the project have also been made to the new airport lessee.

 

An open tender was called via Tenderlink for this project on 6 August 2021 with a closing date of 9 September 2021.

 


 

Tenders were evaluated on the following criteria:

 

·     Tender price

·     Construction methodology and detail and logic of construction program

·     Experience and record of performance in similar work

·     Occupational Health and Safety (OHS) Management System and performance

·     Quality systems and quality of work on site

·     Environmental management

 

Five tenders in total were received from the following companies:

 

1.    Mid North Coast Contractors Pty Ltd

2.    Burnett Civil Pty Ltd

3.    Bob Chambers Pty Ltd

4.    JNC Group Australia Pty Ltd

5.    See Civil Pty Ltd

 

All tenders were deemed to be conforming and they were evaluated by a panel to ensure Council is receiving the best price and value for money.

Issues:

The assessment revealed some variability in how tenderers considered certain aspects of the works and further information was required from tenderers to enable a fair assessment of the tenders.  The clarifications are discussed in the confidential attachment.

Options:

The following options are available for Council’s consideration:

 

1.    Adopt the recommendation in the confidential attachment.

2.    Amend the recommendation in the confidential attachment.  This may put the project and external funding at significant risk depending on the nature of the amendment.

3.    Not accept the recommended tender and call new tenders.  This is not a viable option for Council as it would delay the project and result in breaches to the Grant Funding Agreements and the Development Agreement.

Sustainability Assessment:

•     Environment

There has been considerable work done on minimising the impact of the project on the natural environment.  The project has an Environmental Management Plan and Vegetation Management Plan which were produced by external consultants and reviewed by the appropriate Council staff.  These plans formed part of the submissions for the development application and subsequent construction certificate applications to Council.

•     Social

The aim of this project is to provide much needed commercial and industrial zoned land to attract business to the area, thus providing employment.  Being Council owned it will also become a community asset, delivering funds back into the region.

•     Civic Leadership

The tender is consistent with the MyCoffs Community Strategic Plan and supports item B.1 A thriving and sustainable local economy.

 

Council has also demonstrated due diligence by testing the market place for these services.

•     Economic – Broader Economic Implications

The further development of the Airport Enterprise Park provides local business participation, resulting in permanent and casual employment for Coffs Harbour residents.

•     Economic - Delivery Program/Operational Plan Implications

The contractor will be appointed as soon as possible as there is a very tight delivery program for this project, there are some difficulties in obtaining materials caused by the COVID-19 pandemic due to the large quantities of materials required for this project.

 

Constructing Work Portion C before April 2022, is in accordance with the Federal and State Governments’ grant conditions and commitments made to the airport lessee.

 

A separate report is included in this business paper discussing the budget impacts of the tender and the overall status of the Airport Enterprise Park Project.

Risk Analysis:

Tender assessment risks are analysed in the confidential attachment.

 

The project also contains inherent risks associated with the ongoing impacts of COVID-19, particularly around supply chains and the availability of qualified and skilled labour.

 

In addition, Work Portions A and B have shown that despite substantial testing, unsuitable material on site remains a key issue for the project.

 

The tender and the contract documents are structured to ameliorate the impacts of COVID-19 and unsuitable material; however, these risks cannot be fully mitigated.

Consultation:

Consultation was undertaken with relevant Council staff and a panel was used for the tender evaluation.

Related Policy, Precedents and / or Statutory Requirements:

Tendering procedures were carried out in accordance with Council’s own policy and procedures as well as meeting statutory obligations under the Local Government (General) Regulation 2005 - Part 7 Tendering Division 1 Preliminary 163 Section 55.

 

Council's Tender Value Selection System has been applied during the tender process.

Implementation Date / Priority:

Conducting Work Portion C before April 2022, is in accordance with the Government grant conditions and commitments made to the Airport Lessee.

Conclusion:

A thorough tender evaluation process, including significant value management and risk analysis, has been undertaken through Council’s appointed tender evaluation panel for Contract No. RFT-1408-TO.

 

The project program is tight and in order for it to be completed by the end of April 2022, the Work Portion C works need to commence as soon as possible.

 

 


SC21/57       Jetty Memorial Theatre Strategic Plan - Post-Exhibition

Author:                        Acting Group Leader Community & Cultural Services

Authoriser:                  Director Sustainable Communities

MyCoffs:                      A.1 A vibrant and inclusive place

Attachments:              ATT1  SC21/57   Jetty Memorial Theatre Strategic Plan 2022-2026

ATT2  SC21/57   CONFIDENTIAL Submissions

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

 

Executive Summary

An updated Jetty Memorial Theatre Strategic Plan has been developed to outline the strategic direction and guide ongoing operations for the theatre over the next five years. Its aim is to meet community and audience expectations, guide the theatre’s business plan and provide a blueprint for continued sustainability.

At its meeting of 24 June 2021, Council resolved to place the Draft Jetty Memorial Theatre Strategic Plan 2022-2026 on public exhibition for a minimum period of 28 days.

Accordingly, the draft plan was exhibited from 25 June 2021 to 25 July 2021 with four submissions being received.

The purpose of this report is to inform Council on the outcome of the public exhibition process and to seek adoption of the final Jetty Memorial Theatre Strategic Plan 2022-2026 (Attachment 1).

 

Recommendation:

That Council:

1.    Adopts the Jetty Memorial Theatre Strategic Plan 2022-2026 (Attachment 1).

2.    Inform those whom made a submission to the Draft Jetty Memorial Theatre Strategic Plan 2022-2026 of Council’s decision.

 

Report

Description of Item:

At its Ordinary Meeting of 24 June 2021, Council considered a report on the Draft Jetty Memorial Theatre Strategic Plan and resolved as follows:

That Council place the Draft Jetty Memorial Theatre Strategic Plan 2022-2026 (Attachment 1) on public exhibition for a minimum period of 28 days.

The purpose of this report is to inform Council on the outcomes of the public exhibition process and to seek adoption of the final Jetty Memorial Theatre Strategic Plan 2022-2026 (Attachment 1).

Issues:

The Draft Jetty Memorial Theatre Strategic Plan 2022-2026 was placed on public exhibition from 25 June 2021 to 25 July 2021.

The public exhibition of the draft plan was promoted via a Council media release and promotion on Council and Jetty Memorial Theatre social media channels. Project stakeholders were also advised by email.

At the close of the public exhibition period, four public submissions were received and these are available in Confidential Attachment (Att 2). In broad terms, three submissions were generally supportive, and included specific comments for further improvements, with one submission objecting to the plan. The feedback is summarised below:

Theme/Issue:

No. of submissions that commented on this theme/issue:

Need for broader selection of presented performances including comedy, participatory dancing events, indigenous dance performances, multicultural and LGBTQI community content.

2

Supportive of content and strategies including clarity of presentation and how actions will be achieved and performance measured.

1

Raised objection that this theatre should have been incorporated into entertainment centre and also concerns regarding the current theatre location, limited parking, a lack of public transport during evening shows and inadequate seating and stage.

1

Highlighted the venue is showing its age and the existing seating capacity and stage limitations, provision for discounted tickets to attract low socio economic and disadvantaged communities, support for the rehearsal space, concern that the proposed car parking is not required, continue to provide outreach performances, charging commercial hire rates and upgrading technical lighting and equipment.

1

Relatively minor amendments have been made to the strategic plan as a result of this public consultation, and further staff feedback, namely:

-     the strategic actions listed in the plan were reformatted to include specific Priority, Timeframe and Resource information against each action,

-     an additional action included under Goal 4 to ‘review and identify any technical infrastructure and equipment upgrades required as per industry standards’; and

-     an additional action included under Goal 5 to ‘produce material to highlight the theatre’s value within the community’, this coincided with removing reference to producing a ‘prospectus’ from an action under Goal 6.

As the plan already identifies the need for broadening of the selection of the presented performances, no changes were made to this section.

It is noted that some feedback did not directly related to the purpose of the Strategic Plan or was unable to be accommodated, such as concerns regarding the current theatre location, seating capacity and stage limitations.

Overall, the submissions provided are consistent with the direction and goals provided within the draft plan, namely:

1.   Engage the community in meaningful experiences through curatorial and programming choices;

2.   Build and strengthen community relationships and support efforts to increase the capacity and growth of cultural resources within the City;

3.   Develop diverse revenue streams;

4.   Sustain and strengthen the organisational capacity, human resources and infrastructure of the Jetty Memorial Theatre;

5.   Strengthen internal and external communication; and

6.   The expansion upgrade of the Jetty Memorial Theatre will be completed and embraced by all.

Options:

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

1.   Resolve to adopt the recommendations of this report which would result in the Jetty Memorial Theatre Strategic Plan being adopted with minor changes consistent with the submissions received.

2.   Resolve to undertake an alternative approach.

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

Sustainability Assessment:

•     Environment

The recommendations and actions contained within the Jetty Memorial Theatre Strategic Plan 2022-2026 are unlikely to result in any adverse environmental impact.

•     Social

The Jetty Memorial Theatre Strategic Plan 2022-2026 recognises the significant social and cultural value the theatre holds for the local community and provides clear direction on management and development priorities over the next five years aimed at maximising community and the performing arts industry outcomes.

•     Civic Leadership

The Jetty Memorial Theatre Strategic Plan 2022-2026 supports the following objectives within the MyCoffs Community Strategic Plan:

-     We foster a sense of community, belonging, and diversity

-     We enrich cultural life through art, learning and cultural endeavour

-     We nurture mental health, wellbeing and social connection

-     We attract people to work, live and visit in the Coffs Harbour local government area

-     We undertake development that is environmentally, socially and economically responsible

-     We undertake effective engagement and are informed

•     Economic – Broader Economic Implications

The Jetty Memorial Theatre Strategic Plan 2022-2026 provides the basis to guide the operations of the theatre over coming years in a financially sustainable manner.

•     Economic - Delivery Program/Operational Plan Implications

The goals and actions identified in the Jetty Memorial Theatre Strategic Plan 2022-2026 have been developed on the basis that no additional resourcing will be provided to deliver the actions, but rather a reprioritising within the existing budget allocation.

The exception to this is the Jetty Memorial Theatre Expansion project that, as noted previously, is subject to future grant funding opportunities.

Risk Analysis:

The Jetty Memorial Theatre Strategic Plan 2022-2026 has been subject to community consultation via Council’s Have Your Say Page. Issues raised by submissions made to the draft strategic plan are outlined in this report and have been taken into consideration in finalising the strategic plan to minimise Council’s risk. The draft plan was developed following considerable community and stakeholder engagement.

The risks associated with not having a strategic plan in place are disorderly or inadequate service delivery, reduced accountability, uncertainty and discord within the community and reduced capacity to secure required operational and capital resources.

Consultation:

The development of this plan has included consultation undertaken with staff, volunteers, Jetty Memorial Theatre Management Committee representatives, key stakeholders and the wider community via online surveys.

The public exhibition process saw the Draft Jetty Memorial Theatre Strategic Plan 2022-2026 made available on Council’s Have Your Say (HYS) website from 25 June to 25 July 2021 and promoted via media release, social media posts and email communications. A total of 432 community members visited the HYS web page with 52 downloading the draft plan. Four submissions were received during the public exhibition process and are contained in confidential attachment 2. Staff feedback was also received from some internal stakeholders.

Related Policy, Precedents and / or Statutory Requirements:

-     Cultural Policy

-     Creative Coffs - Cultural Strategic Plan 2017-2022

-     Community & Cultural Facilities Plan 2021-2031

-     Performing Arts Spaces (Indoor and Outdoor) Issues and Options Paper (2020)

Implementation Date / Priority:

Should Council resolve to adopt the Jetty Memorial Theatre Strategic Plan 2022-2026, then implementation would commence immediately.

Conclusion:

The purpose of this report is to inform Council of the issues raised during public exhibition of the draft plan and to seek adoption of the final Jetty Memorial Theatre Strategic Plan 2022-2026.

The Jetty Memorial Theatre is a key cultural facility of Coffs Harbour City Council, delivering three core services; a central venue for the delivery of performing arts in the region, delivery of local community and commercial touring performances, and provision of an annual season program.

The Jetty Memorial Theatre Strategic Plan 2022-2026 has been developed to outline the strategic direction and guide ongoing operations for the theatre over the next five years with an aim to meet community and audience expectations, guide the theatre’s business plan and provide a blueprint for continued sustainability.

 



























SC21/58       Planning Proposal PP-2021-133 - Five Year Comprehensive Review of Coffs Harbour LEP 2013 (Part 1) - Post Exhibition

Author:                        Senior Planner / Urban Designer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC21/58   Planning Proposal - Five Year Comprehensive Review of Coffs Harbour LEP 2013 (Part 1) - Post Exhibition

ATT2  SC21/58   Gateway Determination (PP-2021-133)

ATT3  SC21/58   State Government Agency Submissions  

 

Executive Summary

At its Ordinary Meeting of 10 December 2020, Council resolved to initiate a planning proposal to amend Coffs Harbour Local Environmental Plan (LEP) 2013 to address a number of matters identified as part of the first five-year comprehensive review of Coffs Harbour LEP 2013.

Public exhibition of the planning proposal was undertaken from 9 April to 7 May 2021. Due to feedback from NSW Government agencies during public exhibition, the proposal to include ‘artisan food and drink industry’ and ‘rural function centre’ as development permitted with consent in Zone RU2 Rural Landscape has been removed from the planning proposal so that the other LEP amendments contained within the planning proposal can progress without delay. It is proposed that these two components will be progressed in a future planning proposal, addressing the issues raised by the agencies.

The purpose of this report is to seek endorsement from Council of the amended Planning Proposal PP-2021-133 – Five Year Comprehensive Review of Coffs Harbour LEP 2013 (Part 1) – Post Exhibition (Attachment 1).

 

Recommendation:

That Council:

1.       Endorse Planning Proposal PP-2021-133, Five Year Comprehensive Review of Coffs Harbour LEP 2013 (Part 1) - Post Exhibition (Attachment 1) and forward the amended proposal to the NSW Department of Planning, Industry and Environment seeking an alteration to the gateway determination to facilitate finalisation of the planning proposal.

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-2021-133, Five Year Comprehensive Review of Coffs Harbour LEP 2013 (Part 1) - Post Exhibition.

3.       Continue to consult with the NSW Department of Planning, Industry and Environment on the terms of the amendment to Coffs Harbour LEP 2013, to ensure its consistency with the objectives, outcomes and provisions of Planning Proposal PP-2021-133, Five Year Comprehensive Review of Coffs Harbour LEP 2013 (Part 1) - Post Exhibition.

4.       Inform the NSW Government agencies who made a submission to Planning Proposal PP-2021-133, Five Year Comprehensive Review of Coffs Harbour LEP 2013 (Part 1) of Council’s decision.

5.       Note that a further report will be presented to Council at a future date for consideration of an amendment to Coffs Harbour LEP 2013 to introduce ‘artisan food and drink industry’ and ‘rural function centre’, as development that is permitted with consent in Zone RU2 Rural Landscape.

 

Report

Description of Item:

At its Ordinary Meeting of 10 December 2020, Council resolved to initiate a planning proposal to amend Coffs Harbour LEP 2013 to address six matters that were identified as part of the first five-year comprehensive review of Coffs Harbour LEP 2013. At that meeting, it was resolved that Council:

1.   Endorse the recommendations of the Five Year Comprehensive Review of Coffs Harbour Local Environmental Plan 2013 – December 2020 (Attachment 1) and forward it to NSW Department of Planning, Industry and Environment, to satisfy Section 3.21 (2) of the Environmental Planning and Assessment Act 1979, with the exception of Item 4 relating to consent requirements for Private Native Forestry (PNF).

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

3.   Request that the Secretary of NSW Department of Planning, Industry and Environment issue written authorisation to Council to exercise delegation of the plan making functions pursuant to Section 3.36 of the Environmental Planning and Assessment Act 1979 for the Five Year Comprehensive Review of Coffs Harbour Local Environmental Plan 2013 – Part 1.

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

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

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

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

Items 1 to 4 of that resolution have been carried out. On 16 February 2021, the NSW Department of Planning, Industry and Environment issued a gateway determination (Attachment 2) to enable the planning proposal to proceed and authorised Council to exercise its delegation to make the plan.

In response to the proposal to include ‘artisan food and drink industry’ and ‘rural function centre’ as development that is permitted with consent in Zone RU2 Rural Landscape, the department included a condition that the planning proposal be amended to exclude these development types from being carried out on land that is mapped as ‘important farmland’ under the North Coast Regional Plan 2036. Whilst the gateway determination specifies that the planning proposal is to be amended to make it clear that these two development types are not permitted on land mapped as ‘important farmland’, it does not specify how this is to be achieved.

In accordance with Item 3 of that resolution and the conditions of the gateway determination, public exhibition of the planning proposal was undertaken from 9 April to 7 May 2021 and consultation was undertaken with the required NSW Government agencies. During consultation with the NSW Department of Primary Industries (Agriculture) and subsequent discussions with the NSW Department of Planning, Industry and Environment, it was established that the proposed LEP amendment would need to include a local clause and a series of LEP maps to identify ‘important farmland’ within the Coffs Harbour Local Government Area (LGA), in order to meet the conditions of the gateway determination. The creation of a series of LEP maps of ‘important farmland’ across the Coffs Harbour LGA is a detailed and lengthy process. In this regard, the planning proposal has been amended to remove the proposal to permit ‘artisan food and drink industry’ and ‘rural function centre’ in Zone RU2, so that the other LEP amendments contained within the planning proposal can progress without delay. It is proposed that the LEP amendment relating to ‘artisan food and drink industry’ and ‘rural function centre’ will be progressed in a future planning proposal, addressing the issues raised by the NSW Government agencies.

The NSW Department of Planning, Industry and Environment has advised Council that finalisation of an amended planning proposal will require an alteration to the gateway determination to remove conditions relating to ‘artisan food and drink industry’ and ‘rural function centre’. The Department has also advised Council that it is not likely that the amended planning proposal will require re-exhibition.

The purpose of this report is therefore to seek endorsement from Council of the amended Planning Proposal PP-2021-133 – Five Year Comprehensive Review of Coffs Harbour LEP 2013 (Part 1) – Post Exhibition (Attachment 1).

Issues:

At conclusion of the public exhibition period for Planning Proposal PP-2021-133 – Five Year Comprehensive Review of Coffs Harbour LEP 2013 (Part 1) – Pre-Exhibition, no public submissions and two agency/stakeholder submissions were received (Attachment 3).

·    NSW Government Agency Consultation

In accordance with the conditions of the gateway determination, the planning proposal has been referred to the NSW Rural Fire Service, Transport for NSW and NSW Department of Primary Industries (Agriculture) for review and comment. Feedback was received from the three agencies, as well as the NSW Department of Planning, Industry and Environment (Public Spaces Division). A summary of the issues raised by Government agency/stakeholder submissions is provided as follows:

NSW Rural Fire Service

No objection or specific feedback, other than a note stating that future development proposals, where on land mapped bush fire prone land, are to comply with legislation and Planning for Bush Fire Protection guidelines.

Transport for NSW

No objection or specific feedback, other than a request that appropriate controls are established in relation to ‘artisan food and drink industry’ and ‘rural function centre’ to ensure that development is suited to the surrounding transport network.

NSW Department of Primary Industries (Agriculture)

In its submission, the NSW Department of Primary Industries (Agriculture) suggested a minor change to one of the objectives of Zone RU2 Rural Landscape to more explicitly identify the objective of avoiding land use conflict between incompatible uses. The planning proposal has been amended to address this suggestion. The amendments are relatively minor and do not alter the outcomes originally endorsed by Council.

The agency also in its submission, expressed support for the inclusion of ‘artisan food and drink industry’, as development that is permitted with consent in Zone RU2, however requests the inclusion of a local clause to establish controls that would avoid land use conflict. Similarly, the agency raises concern in its submission in relation to land use conflict that could result from the introduction of ‘rural function centre’ as a permissible use within Zone RU2 and objects to the introduction of this land use term without further consideration, such as a local clause addressing prevalence and scale. Support for the preparation of important farmland mapping within the Coffs Harbour LGA to support the clause is also noted in the submission.

The issues raised by the agency in relation to ‘artisan food and drink industry’ and ‘rural function centre’ have been taken on board by Council. The rationale for permitting ‘artisan food and drink industry’ and ‘rural function centre’ in Zone RU2 was to allow opportunities for development of small-scale businesses catering to visitors in rural areas. Both of these development types were seen as being appropriate to occur in rural areas, subject to suitable controls to manage servicing and infrastructure, land use conflict and impacts on the environment, residential amenity and existing agricultural operations.

In this regard, the planning proposal has been amended to remove the proposal to permit ‘artisan food and drink industry’ and ‘rural function centre’ land uses within Zone RU2. This will enable the other LEP amendments contained within the planning proposal to progress without delay. It is proposed that the LEP amendment relating to ‘artisan food and drink industry’ and ‘rural function centre’ will be progressed in a future planning proposal, addressing the issues raised by the NSW Government agencies (including preparation of a series of LEP maps to identify ‘important farmland’ within the Coffs Harbour LGA).

NSW Department of Planning, Industry and Environment (Public Spaces Division)

No objections, however a number of suggestions are provided for changes to various aims of the LEP and land use zone objectives, to better align with the ten Principles of the NSW Public Spaces Charter. The planning proposal has been amended to address the suggestions. The amendments are relatively minor and do not alter the outcomes originally endorsed by Council.

·    Requirement for Alteration to Gateway Determination

The current gateway determination for the planning proposal contains references and conditions that relate to ‘artisan food and drink industry’ and ‘rural function centre’. In order to finalise a planning proposal, all of the conditions of a gateway determination must be satisfied. Therefore, to finalise this planning proposal, an alteration to the gateway determination is required to remove references and conditions relating to ‘artisan food and drink industry’ and ‘rural function centre’. The NSW Department of Planning, Industry and Environment has advised Council that the amended planning proposal will not require re-exhibition, given that the changes are either minor in nature or involve the removal of a component of the proposed LEP amendment.

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

The proposed LEP amendments will ensure that Coffs Harbour LEP 2013 is consistent with higher level strategic plans including the North Coast Regional Plan 2036 and Council’s Local Growth Management Strategy, both of which contain policies to support growth in employment and economic activity. In this regard, broad economic implications of the planning proposal are likely to be positive.

•     Economic - Delivery Program/Operational Plan Implications

The LEP amendment process is being undertaken using existing staff resources and budget allocations and is therefore unlikely to impact on Council’s Delivery Program or Operational Plan.

Risk Analysis:

The proposed LEP amendment aims to ensure that Coffs Harbour LEP 2013 is up-to-date and consistent with contemporary strategic land use plans. As such, the LEP amendment is not considered to present a risk to Council. By reviewing and amending Coffs Harbour LEP 2013 regularly to account for policy changes, Council lessens the likelihood of risk in planning related decision making.

Consultation:

Public exhibition of the proposed LEP amendment was undertaken from 9 April to 7 May 2021. No public submissions were received during the exhibition process. Consultation was undertaken with NSW Government agencies in accordance with the conditions of the gateway determination. The comments received from NSW Government agencies 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 2021, as follows:

Project Stage

Inform

Consult

Involve

Collaborate

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 LEP amendment will contribute to facilitating the priorities relating to the protection 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 and Coffs Harbour Local Environmental Plan 2013.

Implementation Date / Priority:

Should Council resolve to endorse the LEP amendment, an alteration to the gateway determination will be sought, as discussed in the issues section of this report. Council’s local planning controls will then be amended upon the making of the LEP. The timeframes associated with finalising the LEP amendment are also subject to internal processes of the NSW Department of Planning, Industry and Environment.

Conclusion:

The purpose of this report is to seek Council’s endorsement of Planning Proposal PP-2021-133 – Five Year Comprehensive Review of Coffs Harbour LEP 2013 (Part 1) – Post Exhibition. The planning proposal has been amended post exhibition to address issues raised by submissions from NSW Government agencies, including the removal of the proposal to permit ‘artisan food and drink industry’ and ‘rural function centre’ land uses in Zone RU2 Rural Landscape. Such land uses will be progressed in a future planning proposal, addressing the issues raised by the NSW Government agencies (including preparation of a series of LEP maps to identify ‘important farmland’ within the Coffs Harbour LGA). The proposed amendment will ensure that Coffs Harbour LEP 2013 is up-to-date and consistent with the North Coast Regional Plan 2036 and Coffs Harbour Local Growth Management Strategy 2020.

 

















































































SC21/59       Planning Proposal PP-2021-4487 - Application to Amend Coffs Harbour LEP 2013 to Reduce Minimum Lot Size - Lot 3 DP 1052184, No. 116 Braford Drive, Bonville - Post Exhibition

Author:                        Planner/Urban Designer (e-Planning)

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC21/59   Planning Proposal - Reduce Minimum Lot Size, No. 116 Braford Drive Bonville - Post Exhibition

ATT2  SC21/59   Gateway Determination

ATT3  SC21/59   State Government Agency Submissions  

 

Executive Summary

At its Ordinary Meeting of 8 July 2021, Council resolved to initiate a proponent-led planning proposal to amend Coffs Harbour Local Environmental Plan (LEP) 2013 to reduce the minimum lot size applying to Lot 3 DP 1052184, No. 116 Braford Drive, Bonville to facilitate the subdivision of the land.

Public exhibition of the planning proposal was undertaken from 23 August to 6 September 2021.

The purpose of this report is to seek endorsement from Council of Planning Proposal PP-2021-4487, No 116 Braford Drive, Bonville – Post Exhibition (Attachment 1).

 

Recommendation:

That Council:

1.       Endorse Planning Proposal PP-2021-4487, No. 116 Braford Drive, Bonville – 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-2021-4487, No. 116 Braford Drive, Bonville – 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-2021-4487, No. 116 Braford Drive, Bonville – Post Exhibition.

4.       Inform the NSW Government agencies that made a submission to Planning Proposal PP-2021-4487, No. 116 Braford Drive, Bonville – Post Exhibition, as well as affected landowners of Council’s decision.

 

Report

Applicant:

Keiley Hunter Town Planning

Landowner:

Mr SG Hiller & Mrs HB Hiller

Land:

Lot 3 DP 1052184, No. 116 Braford Drive, Bonville

Zone:

R5 Large Lot Residential

Description of Item:

At its Ordinary Meeting of 8 July 2021, Council resolved to initiate a proponent-led planning proposal to amend Coffs Harbour LEP 2013 to reduce the minimum lot size applying to Lot 3 DP 1052184, No. 116 Braford Drive, Bonville from 1 hectare to 6000m2 to facilitate the subdivision of the land.

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 3 DP 1052184, 116 Braford Drive, Bonville 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 1979 in respect of the planning proposal.

3.   Resolve to publicly exhibit the planning proposal and undertake government agency consultation in accordance with 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 owners of the subject land and their consultant of Council’s decision.

In accordance with Items 1 and 2 of that resolution, the NSW Department of Planning, Industry and Environment issued a gateway determination for PP-2021-4487 on 23 July 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 this resolution, public exhibition of the planning proposal was undertaken from 23 August 2021 to 6 September 2021.

The purpose of this report is to seek endorsement from Council of Planning Proposal PP-2021-4487, No. 116 Braford Drive, Bonville – Post Exhibition (Attachment 1).

Issues:

At the conclusion of the public exhibition period for Planning Proposal PP-2021-4487, No. 116 Braford Drive, Bonville, no public submissions and one Government agency/stakeholder submission from the NSW Rural Fire Service had been received by Council (Attachment 3).

In accordance with the terms of the gateway determination issued by the NSW Department of Planning, Industry and Environment, the NSW Rural Fire Service has been consulted in relation to the LEP amendment. The agency, in its submission, does not raise any issues or concerns in relation to the proposal. It is, however, noted in the submission that future dwellings on sites created by any subsequent subdivision are to comply with the requirements of Planning for Bushfire Protection guidelines. This matter is required to be addressed as part of any future development application for 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 proposed amendment to Coffs Harbour LEP 2013 is proponent-led 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 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 23 August 2021 to 6 September 2021. No public submissions were received by Council. One Government agency submission was received during the exhibition period (Attachment 3). 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

 

 

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 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. The planning proposal will contribute to facilitating the priorities relating to the protection 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-2021-4487, No. 116 Braford Drive, Bonville – Post Exhibition (Attachment 1). The proposed LEP amendment accords with the Coffs Harbour Local Growth Management Strategy 2020 and will facilitate housing opportunities within an existing large lot residential area, whilst protecting areas of high environmental value. Sufficient planning merit for this minor increase to large lot residential land in Bonville is provided within the planning proposal.

 

















































































































SC21/60       Planning Proposal - Application to Amend Coffs Harbour LEP 2013 to Reduce The Minimum Lot Size - Lot 1 DP 1163252 and Lot 1 DP 1210495, No. 19 Orara Street, Nana Glen and Housekeeping Amendment - Split Zone Clause and Dwelling Permissibility Clause - Pre-Exhibition

Author:                        Planner/Urban Designer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC21/60   Planning Proposal - 19 Orara Street, Nana Glen & Housekeeping Amendment (Split Zone Clause & Dwelling Permissibility Clause  

 

Executive Summary

A proponent-led application has been received by Council to amend Coffs Harbour Local Environmental Plan (LEP) 2013 to facilitate subdivision of 19 Orara Street, Nana Glen for large lot residential purposes, including an amendment to two clauses which relate to split zone properties and dwelling permissibility in rural and environmental zones.

The purpose of this report is to seek Council’s endorsement to initiate a planning proposal (Attachment 1) to amend Coffs Harbour LEP 2013 to reduce the minimum lot size of the large lot residential portion of 19 Orara Street, Nana Glen from 2ha to 8000m2; amend Clause 4.1A Minimum subdivision lot sizes for certain split zones; and amend Clause 4.2B Erection of dwelling houses on land in certain rural and environmental protection zones.

 

Recommendation:

That Council:

1.    Initiate and forward a planning proposal (Attachment 1) to the NSW Department of Planning, Industry and Environment seeking gateway determination to reduce the minimum lot size for Lot 1 DP 1163252 and Lot 1 DP 1210495, No. 19 Orara Street, Nana Glen; and amend Clause 4.1A Minimum subdivision lot sizes for certain split zones and Clause 4.2B Erection of dwelling houses on land in certain rural and environmental protection zones of Coffs Harbour Local Environmental Plan 2013.

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.    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.

 

Report

Applicant:

Keiley Hunter Town Planning

Landowner:

Mrs SA Jenkinson & Mr BF Jenkinson

Land:

Lot 1 DP 1163252 and Lot 1 DP 1210495, No. 19 Orara Street, Nana Glen

Zone:

RU2 Rural Landscape, R5 Large Lot Residential and E2 Environmental Conservation

Description of Item:

A proponent-led application has been received by Council to amend Coffs Harbour LEP 2013 to reduce the minimum lot size for No. 19 Orara Street, Nana Glen; amend the minimum lot size clause for split zone properties; and amend the dwelling permissibility clause to facilitate subdivision of 19 Orara Street, Nana Glen for large lot residential purposes.

Council’s Five Year Comprehensive Review of Coffs Harbour LEP 2013 identified issues with Clause 4.1A Minimum subdivision lot sizes for certain split zones. This review found that the clause does not cater for the subdivision of split zoned land where certain combinations of land use zones are present within the original lot, which is inconsistent with the objectives of this clause and the objectives of the land use zones contained within such lots.

The characteristics of 19 Orara Street, Nana Glen typify the issues raised in the comprehensive review of Coffs Harbour LEP 2013 for a number of split zoned properties within the Coffs Harbour Local Government Area (LGA). The proponent-initiated planning proposal presents an opportunity for Council to address the issues identified with the split zone clause, whilst facilitating the subdivision of 19 Orara Street, Nana Glen for large lot residential purposes (which cannot occur until such time as the issues with this clause are addressed).

The Subject Land

·    19 Orara Street, Nana Glen

Nana Glen is a hinterland village located approximately 27 km west of Coffs Harbour. The real property description is Lot 1 DP 1163252 and Lot 1 DP 1210495. The site has an area of 19.16 hectares and is a split zoned property comprising Zone RU2 Rural Landscape, Zone R5 Large Lot Residential and Zone E2 Environmental Conservation under Coffs Harbour LEP 2013.

Figure 1: Location Map for 19 Orara Street Nana Glen

 

The purpose of this report is to seek Council’s endorsement to initiate a planning proposal (Attachment 1) to amend Coffs Harbour LEP 2013 to reduce the minimum lot size of the residential portion of 19 Orara Street, Nana Glen from 2ha to 8000m2; amend Clause 4.1A Minimum subdivision lot sizes for certain split zones; and amend Clause 4.2B Erection of dwelling houses on land in certain rural and environmental protection zones.

 Issues:

Issues associated with the planning proposal are detailed in Attachment 1 and summarised as follows:

·    19 Orara Street Nana Glen

The characteristics of 19 Orara Street, Nana Glen typify the issues for a number of split zoned properties within the Coffs Harbour LGA. A significant portion of this land is within Zone R5 Large Lot Residential under Coffs Harbour LEP 2013.  However, subdivision of this land for large lot residential purposes cannot occur until such time as the split zone clause within Coffs Harbour LEP 2013 is amended due to the current drafting of the clause (see discussion provided below in relation to the split zone clause).

·    Split Zone Clause

The split zone clause within Coffs Harbour LEP 2013 enables the subdivision of lots that contain more than one zone. The drafting of this clause is complex and open to conflicting interpretations. The current working interpretation is that this clause does not enable the subdivision of a split zone lot where the original lot contains a combination of land within a residential zone, a rural zone and an environmental zone, despite the fact that the rural and environmental portions of the lot are fragmented and well below the minimum lot size for the zones.

This is not the intent of this clause, which is to provide for the subdivision of lots that are within more than one zone, provided that the resulting subdivision does not fragment resource lands further or compromise the continued protection and long-term maintenance of any land in an environmental zone.

The phrasing of the clause unintentionally precludes the subdivision of a large number of split zone properties within the Coffs Harbour LGA. For example, the current drafting of the clause specifies that, where a resulting lot contains land in a rural zone, the land in the rural zone in the resulting lots is not to be less than the 40ha minimum lot size for that land. Subdivision cannot be undertaken even if the resulting lot contains land within in a residential zone that meets the minimum lot size requirements and where the rural and environmental zones within the lot are already below the minimum lot size. This outcome is inconsistent with the objectives of this clause. This issue is currently preventing the subdivision of the residential portion of 19 Orara Street, Nana Glen for large lot residential purposes.

·    Dwelling Permissibility

To minimise land use conflict within rural and environmental zones and to prevent impacts on environmental values, an amendment to Clause 4.2B of Coffs Harbour LEP 2013 is also proposed, as part of this planning proposal. This clause applies to the erection of dwelling houses on land in certain rural and environmental protection zones. The clause limits the erection of a dwelling house on land within a rural and/or environmental zone unless one of the exceptions provided by the clause is met.

One of these exceptions enables a dwelling to be erected on land within a rural and/or environmental zone if the lot was created under Coffs Harbour LEP 2013 (excluding a primary production lot for which a dwelling is prohibited). In this regard, the amendment to the split zone clause would unintentionally enable a dwelling to be erected, not just on the residential portion of a split zone lot, but also on the residual rural and/or environmental portions of the lot. This is not Council’s intention, therefore an amendment to clause 4.2B is also proposed as part of this planning proposal to prevent this unintended consequence from occurring.

·    Summary of LEP Amendments

A summary of the proposed LEP amendments to address the above issues is as follows:

19 Orara Street, Nana Glen

-     Amend Coffs Harbour Minimum Lot Size Map (Sheet LSZ_005A) to change the Minimum Lot Size for Zone R5 Large Lot Residential, from 2 hectares to 8,000 m2.

Split Zone Clause

-     Amend Clause 4.1A Minimum subdivision lot sizes for certain split zones to:

clarify that it applies to various combinations of land use zones within the original lot;

ensure that residential portions of resulting lots comply with minimum lot size requirements;

ensure that the urban portions of resulting lots (business, industrial, special purpose or recreation zone) are suitable for a use permitted in the relevant zone;

ensure that where an original lot contains land within Zone RU2 Rural Landscape and a residential and/or urban zone, all of the land within Zone RU2 Rural Landscape is contained within one resulting lot to minimise fragmentation of rural land;

ensure that where an original lot contains only Zone RU2 Rural Landscape and Zone E2 Environmental Conservation and/or Zone E3 Environmental Management, the land in the rural zone in resulting lots is not less than the 40ha minimum lot size to minimise fragmentation of rural land;

ensure that the subdivision of split zoned lots will not compromise the continued protection and long-term maintenance of any land in Zone E2 Environmental Conservation or Zone E3 Environmental Management; and

ensure that a dwelling cannot be lawfully created on residual land within Zone RU2 Rural Landscape and/or Zone E2 Environmental Conservation, and/or Zone E3 Environmental Management where there is a residential and/or urban zone within the resulting lot.

Dwelling Permissibility Clause

-     Amend Clause 4.2B Erection of dwelling houses on land in certain rural and environmental protection zones to ensure that a dwelling cannot be lawfully created on residual land within Zone RU2 Rural Landscape and/or Zone E2 Environmental Conservation, and/or Zone E3 Environmental Management where there is a residential and/or urban zone within the same lot created under Clause 4.1A.

Further detail in relation to the proposed amendments are provided in the planning proposal (Attachment 1).

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

The creation of additional large lot residential land and the resulting development of that land has the potential to generate additional housing and employment opportunities within the Coffs Harbour LGA. 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-initiated planning proposal.

Risk Analysis:

The request to amend Coffs Harbour LEP 2013 in relation to 19 Orara Street, Nana Glen 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. Council’s Five Year Comprehensive Review of Coffs Harbour LEP 2013 (endorsed at Council’s Ordinary Meeting of 10 December 2020) recommends that Clause 4.1A Minimum subdivision lot sizes for certain split zones and Clause 4.2B Erection of dwelling houses on land in certain rural and environmental protection zones, be amended to facilitate the subdivision of split zoned land that are inhibited by the current drafting of the split zone clause. The planning proposal is therefore considered to be of low risk to Council, as it is implementing an endorsed policy position of Council.

Consultation:

The NSW Department of Planning, Industry and Environment has been consulted in relation to the proposed LEP amendment. The department has indicated that a proponent-initiated LEP amendment is a logical way to progress initial amendments to the split zone clause within Coffs Harbour LEP 2013, noting that further refinement of this clause may be required at a later date due to the complexity of the clause to ensure that all split zone lot scenarios are addressed.

Should Council resolve to initiate the planning proposal and a gateway determination is subsequently issued by the NSW Department of Planning, Industry and Environment, the planning proposal is required to be exhibited in accordance with the determination and relevant planning legislation. Consultation with government agencies and other stakeholders may also be required if specified within the gateway determination. Consultation will 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

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 LGA to share what they most value in their neighbourhood and then to rate how their neighbourhood is performing against such values. The 2019 Place Score report was presented to Council on 11 April 2019. Nana Glen received a Place Score of 61, which is below the NSW average of 72 for liveability. The liveability improvement priorities identified by the Nana Glen community included the protection of the natural environment. The proposed amendment to Coffs Harbour LEP 2013 will assist in providing a small amount of additional housing opportunities in Nana Glen, whilst protecting the natural and built environment. More broadly, the proposed amendment to the split zone clause within Coffs Harbour LEP 2013 will facilitate development on split zoned land within the Coffs Harbour LGA, whilst protecting agricultural and environmental land.

Related Policy, Precedents and / or Statutory Requirements:

This planning proposal has been prepared in accordance with the Environmental Planning and Assessment Act 1979 and Regulation 2000. A number of other relevant policies and statutory documents have been considered in the preparation of the planning proposal.

Implementation Date / Priority:

Should Council resolve to initiate the planning proposal, it will be immediately forwarded to the NSW Department of Planning, Industry and Environment, requesting gateway determination. The timeframe for the completion of this planning proposal is governed by relevant planning legislation and internal processes within the NSW Department of Planning, Industry and Environment.

Conclusion:

The purpose of this report is to seek Council’s endorsement to initiate a planning proposal to amend Coffs Harbour LEP 2013 to reduce the minimum lot size of the residential portion of 19 Orara Street, Nana Glen from 2ha to 8000m2; amend Clause 4.1A Minimum subdivision lot sizes for certain split zones; and amend Clause 4.2B Erection of dwelling houses on land in certain rural and environmental protection zones. Such amendments will enable the subdivision of 19 Orara Street, Nana Glen for large lot residential purposes. The proposed amendments to the split zone clause within Coffs Harbour LEP 2013 will facilitate the subdivision of land within split zoned lots that are currently precluded by the drafting of the clause. The proposed amendments accord with the North Coast Regional Plan 2036 and Council’s adopted Local Growth Management Strategy 2020. Sufficient planning merit for the LEP amendments is provided within the planning proposal.

 










































































































































































































































SC21/61       Planning Proposal PP-2021-5577 - Application to Amend Coffs Harbour LEP 2013 to Rezone Land - Part Lot 202 DP 874273, Bark Hut Road, Woolgoolga - Pre-Exhibition

Author:                        Planner / Urban Designer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC21/61   Planning Proposal PP-2021-5577 (Bark Hut Road, Woolgoolga) - Pre-Exhibition

ATT2  SC21/61   Draft Coffs Harbour Development Control Plan
Amendment No. 20 (Bark Hut Road, Woolgoolga)
 

 

Executive Summary

A proponent-led application has been received by Council to amend Coffs Harbour Local Environmental Plan (LEP) 2013 for part Lot 202 DP 874273, Bark Hut Road, Woolgoolga. This application replaces Planning Proposal PP_2019_COFFS_003_00, which was initiated by Council for the subject land at its Ordinary Meeting of 12 September 2019.

The purpose of this report is to seek Council’s endorsement to initiate a fresh planning proposal to amend Coffs Harbour LEP 2013 to rezone part Lot 202 DP 874273, Bark Hut Road, Woolgoolga to facilitate low density residential development (Attachment 1). This report also seeks Council’s endorsement to amend Coffs Harbour Development Control Plan (DCP) 2015 to align with the proposed land use zones (Attachment 2) and to amend Clause 7.19 and the Key Sites Map of Coffs Harbour LEP 2013.

 

Recommendation:

That Council:

1.     Initiate and forward a planning proposal to the NSW Department of Planning, Industry and Environment seeking gateway determination to rezone part Lot 202 DP 874273, Bark Hut Road, Woolgoolga and amend Clause 7.19 of Coffs Harbour Local Environmental Plan 2013 (and the Key Sites Map) to include part of Lot 202 DP 874273 as a ‘key site’ (Attachment 1).

2.     Request that the Secretary of the 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.     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.     Publicly exhibit draft Coffs Harbour Development Control Plan 2015 - Amendment No. 20 (Bark Hut Road Woolgoolga) 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 2015 - Amendment No. 20 (Bark Hut Road Woolgoolga).

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

 

Report

Applicant:

Keiley Hunter Town Planning

Landowner:

Vadejil Pty Ltd

Land:

Part Lot 202 DP 874273, Bark Hut Road, Woolgoolga

Zone:

RU2 Rural Landscape

Description of Item:

A proponent-initiated application has been received by Council to amend Coffs Harbour LEP 2013, to enable low density residential development on part Lot 202 DP 874273, Bark Hut Road, Woolgoolga. The land is located within the Woolgoolga North West Urban Investigation Area contained within the Coffs Harbour Local Growth Management Strategy 2020.

This application replaces Planning Proposal PP_2019_COFFS_003_00, which was initiated by Council for the subject land at its Ordinary Meeting of 12 September 2019. Planning Proposal PP_2019_COFFS_003_00 has been formally withdrawn by the applicant following advice from the NSW Department of Planning, Industry and Environment that the gateway determination for the proposal could not be extended beyond October 2021 (further discussed in the issues section of this report).

The application to amend Coffs Harbour LEP 2013 affects part Lot 202 DP 874273, Bark Hut Road, Woolgoolga. The allotment is made up of two part lots (a northern portion and a southern portion), separated by public open space. This planning proposal applies to the northern portion of the part lot, which is accessed from Bark Hut Road Woolgoolga (refer Figure 1). The southern portion of the lot, accessed from Newmans Road, Woolgoolga was rezoned in December 2020 to facilitate residential development on the land.

Figure 1 – Subject Land (Northern Part of Lot 202 DP 874273, Bark Hut Road, Woolgoolga)

The subject land has an area of 16.4 hectares and is located approximately 23 km north of Coffs Harbour and 2.4 km northwest of Woolgoolga. It is located immediately west of Solitary Islands Way in proximity to established residential areas of Woolgoolga and Safety Beach. An existing residential area within Zone R5 Large Lot Residential is located to the west of the subject land.

The purpose of this report is to seek Council’s endorsement to initiate a planning proposal (Attachment 1) to amend Coffs Harbour LEP 2013 to rezone part Lot 202 DP 874273, Bark Hut Road, Woolgoolga from Zone RU2 Rural Landscape to Zone R2 Low Density Residential, Zone E2 Environmental Conservation and Zone E3 Environmental Management (refer Figure 2). This report also seeks Council’s endorsement to amend Coffs Harbour DCP 2015 to align with the proposed land use zones and to amend Clause 7.19 (and the Key Sites Map) of Coffs Harbour LEP 2013 to include the subject land as a ‘key site’ (Attachment 2).

Figure 2: Existing and Proposed Land Use Zones – Coffs Harbour LEP 2013

Issues:

·   Previous Application to Amend Coffs Harbour LEP 2013

The previous application to amend Coffs Harbour LEP 2013 for the subject land (PP_2019_COFFS_003_00) initiated by Council at its Ordinary Meeting of 12 September 2019, was publicly exhibited in accordance with a gateway determination issued by the NSW Department of Planning, Industry and Environment on 11 October 2019. This planning proposal sought to rezone the subject land from Zone RU2 Rural Landscape to Zone R2 Low Density Residential.

At the conclusion of the public exhibition period, Council had received three public submissions and six Government agency/stakeholder submissions. A number of issues were raised by submissions, particularly in relation to potential impacts from the proposal on biodiversity. In its submission, the NSW Department of Planning, Industry and Environment (Biodiversity Conservation Division) advised Council that it did not support the proposal to rezone the entire site to Zone R2 Low Density Residential due to biodiversity impacts on the western portion of the subject land.

The application was subsequently amended by the applicant to address the issues raised by submissions. However, due to a significant delay in the application being amended, the NSW Department of Planning, Industry and Environment advised Council and the applicant that the gateway determination issued for the proposal could not be extended beyond October 2021. Given that the proposal was unlikely to be completed prior to that date, the Department recommended that the applicant withdraw Planning Proposal PP_2019_COFFS_003_00 and lodge a fresh application. This report seeks to initiate a fresh planning proposal, as a result of this advice.

·   Woolgoolga North West Urban Investigation Area

The subject land sits within the broader Woolgoolga North West Urban Investigation Area. The Coffs Harbour Local Growth Management Strategy 2020 identifies a significant dwelling yield for the urban investigation area. Despite this, Council does not have adequate local planning controls in place to ensure that orderly development occurs within the release area or to prevent impacts from new development in this locality on Council’s existing infrastructure, such as additional vehicle movements, pedestrian movements and services.

To address this, the planning proposal also seeks to modify Clause 7.19 of Coffs Harbour LEP 2013 and the associated Key Sites Map to include the subject land as a ‘key site’ to limit development on the land until such time as adequate local planning controls are in place for the urban release area. Council is currently preparing local planning controls for the Woolgoolga North West Urban Release Area, which will be reported to Council separately.

·   DCP Map Amendments

It is necessary to amend maps contained within Coffs Harbour DCP 2015 to align with the proposed land use zones, such as the density map; front, side and rear setbacks map; and the preservation of vegetation map. This report seeks to publicly exhibit draft Coffs Harbour DCP 2015 - Amendment No. 20 (Bark Hut Road Woolgoolga) concurrently with the associated planning proposal (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 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

The creation of additional 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-initiated planning proposal.

Risk Analysis:

The subject land is identified in the Coffs Harbour Local Growth Management Strategy 2020 and North Coast Regional Plan 2036 as an Investigation Area – Urban Land. As such, the planning proposal is considered to be of low risk to Council. The planning proposal includes a requirement to modify clause 7.19 of Coffs Harbour LEP 2013 (and the associated Key Sites Map) to enable sufficient time for Council to update local planning controls to guide orderly development of this part of the urban investigation area. The planning proposal (Attachment 1) addresses the constraints that affect the land sufficient to allow Council to initiate a planning proposal to the next stage of the LEP amendment process (gateway determination).

Consultation:

Should Council resolve to initiate the planning proposal and gateway determination is subsequently issued by the NSW Department of Planning, Industry and Environment, the proposal is required to be publicly exhibited in accordance with the determination and relevant planning legislation. Consultation with government agencies and other stakeholders may also be required if specified within the gateway determination. Consultation will 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

 

 

 

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 place-making tool. Woolgoolga received a Place Score of 67, which is below the NSW average of 72 for liveability. The liveability improvement priorities identified by the Woolgoolga community include quality of public space; general condition of public open space; protection of the natural environment; and walking/jogging/bike paths that connect housing to communal amenity. The proposed LEP amendment will assist in facilitating economic growth and the provision of additional housing in Woolgoolga. Masterplanning the Woolgoolga North West Urban Investigation Area prior to any major development occurring on the subject land will assist in facilitating quality built form outcomes; ensure that new development is connected to public open space; and ensure that high conservation value land is protected.

Related Policy, Precedents and / or Statutory Requirements:

The planning proposal has been prepared in accordance with the Environmental Planning and Assessment Act 1979 and Regulation 2000. A number of other relevant policies and statutory documents have been considered in the preparation of the planning proposal.

Implementation Date / Priority:

Should Council resolve to initiate the planning proposal, it will be progressed to the NSW Department of Planning, Industry and Environment for gateway determination. The timeframe for the completion of this planning proposal is governed by the relevant planning legislation and the NSW Department of Planning, Industry and Environment. The anticipated timeframe for the LEP amendment process is summarised within the planning proposal (Attachment 1).

Conclusion:

The purpose of this report is to seek Council’s endorsement to initiate a planning proposal to amend Coffs Harbour LEP 2013 to rezone part Lot 202 DP 874273, Bark Hut Road, Woolgoolga to facilitate low density residential development. This report also seeks Council’s endorsement to amend Coffs Harbour DCP 2015 to align with the proposed land use zones and to amend Clause 7.19 (Key Sites Map) of Coffs Harbour LEP 2013 to limit development on the subject land until adequate local planning controls are in place for the land. The proposal accords with the North Coast Regional Plan 2036 and Coffs Harbour Local Growth Management Strategy 2020. The proposal will facilitate additional affordable housing opportunities for Woolgoolga, whilst protecting areas of high environmental value and providing links to future public open space for the community.

 
































































































































































































































































































































































































































































































































































































































SC21/62       Planning Proposal PP-2021-4602 - Application to Amend Coffs Harbour LEP 2013 to Reduce Minimum Lot Size - Lot 1 DP 726095, Smiths Road, Emerald Beach - Pre-Exhibition

Author:                        Planner / Urban Designer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC21/62   Planning Proposal PP-2021-4602 - Reduce Minimum Lot Size - Lot 1 DP 726095, Smiths Road, Emerald Beach - Pre-Exhibition  

 

Executive Summary

A proponent-initiated application has been received by Council to amend Coffs Harbour Local Environmental Plan (LEP) 2013 for Lot 1 DP 726095, No. 14 to 22 Smiths Road, Emerald Beach to facilitate subdivision of the land for large lot residential purposes.

The purpose of this report is to seek Council’s endorsement to initiate a planning proposal to amend Coffs Harbour LEP 2013 to reduce the minimum lot size for the subject land from one hectare to 5000m2 (Attachment 1).

 

Recommendation:

That Council:

1.       Initiate and forward a planning proposal to the NSW Department of Planning, Industry and Environment seeking gateway determination to reduce the minimum lot size for Lot 1 DP 726095, No. 14 to 22 Smiths Road, Emerald Beach (Attachment 1).

2.       Request that the Secretary of the 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.       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.

 

Report

Applicant:

Keiley Hunter Town Planning

Landowner:

Estate AP Rose & Mrs NM Rose

Land:

Lot 1 DP 726095, 14-22 Smiths Road, Emerald Beach

Zone:

R5 Large Lot Residential

Description of Item:

A proponent-initiated application has been received by Council to amend Coffs Harbour LEP 2013 for Lot 1 DP 726095, No. 14 to 22 Smiths Road, Emerald Beach to facilitate subdivision of the land for large lot residential purposes.

The subject land has a total area of 1.0629 hectares and is contained within Zone R5 Large Lot Residential under Coffs Harbour LEP 2013. The intention of the proposed amendment is to enable subdivision of the land to create two lots, with each lot to contain an existing approved dwelling. No other changes to Coffs Harbour LEP 2013 are proposed or required.

·        The Site

The application to amend Coffs Harbour LEP 2013 affects land at No. 14 to 22 Smiths Road, Emerald Beach (Lot 1 DP 726095), as shown in Figure 1. 

Figure 1 – Subject Land

The subject land contains an existing approved detached dual occupancy and is located within the Avocado Heights estate, an existing large lot residential precinct. The 1.06ha site is predominantly cleared with a small area of land mapped as koala habitat on the eastern boundary. The coastal village of Emerald Beach is located to the north-east of the subject land. The land use zones of the subject land and surrounding land are shown in Figure 2.

Figure 2: Land Use Zones – Coffs Harbour LEP 2013

A minimum lot size of one hectare currently applies to the subject land. The application to amend Coffs Harbour LEP 2013 proposes to reduce the minimum lot size from 1 hectare to 5000m2. Existing and proposed minimum lot size provisions are shown in Figures 3 and 4.

Figure 3 – Existing Minimum Lot Size

Figure 4 – Proposed Minimum Lot Size

Issues:

·        Minimum Lot Size

A range of minimum lot sizes currently apply to land within Zone R5 Large Lot Residential under Coffs Harbour LEP 2013, reflecting historic planning controls and site specific land constraints (i.e. on-site sewerage management). Historically, minimum lot size requirements were reflected in Council’s development control plans and were able to be varied based on merit. Minimum lot size provisions are now a development standard within Coffs Harbour LEP 2013, with the introduction of the Standard Instrument LEP across NSW.

The Land Capability Assessment included with the application to amend Coffs Harbour LEP 2013 (Appendix 5 of Attachment 1) demonstrates that 5000m2 lots on the subject land can be adequately serviced by onsite sewerage management systems in accordance with Council’s On Site Sewage Management Strategy 2015.

·        Local Growth Management Strategy 2020

Chapter 6 – Large Lot Residential of the Coffs Harbour Local Growth Management Strategy 2020 addresses minimum lot size within Zone R5 Large Lot Residential and notes that a reduced minimum lot size may be supported where sufficiently justified. Section 6.7 within Chapter 6 – Large Lot Residential states the following:

‘It is also reasonable that if undeveloped land within Zone R5 can justify a reduced lot size, then it should be considered through an applicant-initiated planning proposal. This would allow a merit case for a revised minimum lot size LEP amendment request to be submitted to Council, bearing in mind the underlying reasons for the standard in the first place and the objectives of Zone R5.’

It is considered that the planning proposal (Attachment 1) has sufficiently justified a reduced minimum lot size for the subject land, particularly given the proposal reflects the existing uses on the land (i.e. an approved detached dual occupancy).

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

The proposal is unlikely to result in negative economic implications, as it will facilitate the subdivision of two existing dwellings in keeping with the existing large lot residential character of the area.

•     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-initiated 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 a 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 is required to be undertaken for the proposed LEP amendment will also assist in reducing Council’s risk.

Consultation:

Should Council resolve to initiate the planning proposal and a gateway determination is subsequently issued by NSW Department of Planning, Industry and Environment, the proposal is required to be exhibited in accordance with the gateway determination and relevant planning legislation. Consultation with government agencies and other stakeholders may also be required if specified within the gateway determination. Consultation will 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

 

 

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. The proposal will not result in any impacts on the natural environment, as future subdivision of the land resulting from a reduced minimum lot size, will reflect the existing use of the land (i.e. detached dual occupancy).

Related Policy, Precedents and / or Statutory Requirements:

The planning proposal has been prepared in accordance with the Environmental Planning and Assessment Act 1979 and Regulation 2000. A number of other relevant policies and statutory documents have been considered in the preparation of the planning proposal.

Implementation Date / Priority:

Should Council resolve to initiate the planning proposal, it will be progressed to NSW Department of Planning, Industry and Environment for gateway determination. The timeframe for the completion of this planning proposal is governed by the relevant planning legislation and NSW Department of Planning, Industry and Environment. The anticipated timeframe for the LEP amendment process is summarised within the planning proposal (Attachment 1).

Conclusion:

The purpose of this report is to seek Council’s endorsement to initiate a planning proposal to amend Coffs Harbour LEP 2013 to reduce the minimum lot size of No. 14 to 22 Smiths Road, Emerald Beach from one hectare to 5000m2. The proposed amendment to Coffs Harbour LEP 2013 will facilitate the separation by subdivision of an existing approved detached dual occupancy on the subject land. The proposal accords with the North Coast Regional Plan 2036 and Coffs Harbour Local Growth Management Strategy 2020. Sufficient planning merit for the amendment to Coffs Harbour LEP 2013 is provided within the planning proposal (Attachment 1).

 
































































































































SC21/63       Development Application No. 1133/21 - Dual Occupancy (Detached) - Lot 11 DP 807354, 111 & 117 North Island Loop Road, Upper Orara

Author:                        Development Assessment Officer

Authoriser:                  Director Sustainable Communities

MyCoffs:                      C.1 Liveable neighbourhoods with a defined identity

Attachments:              ATT1  SC21/63   Development Application No. 1133/21 - S4.15 Evaluation Report

ATT2  SC21/63   Development Application No. 1133/21 - Plans

ATT3  SC21/63   Development Application No. 1133/21 - Draft Conditions  

      

 

 

Executive Summary

This report provides an assessment of Development Application No. 1133/21 for a dual occupancy (detached) at Lot 11 DP 807354, 111 & 117 North Island Loop Road, Upper Orara.

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 minimum separation distance between dwellings under Clause 4.2E(2)(c) of Coffs Harbour Local Environmental Plan 2013 in this particular case.

2.       Approve Development Application No. 1133/21 for a dual occupancy (detached) at Lot 11 DP 807354, 111 & 117 North Island Loop Road, Upper Orara subject to the conditions provided in Attachment 3.

 

REPORT:

Applicant:

Stroud Homes Coffs Harbour

Landowner:

Mr FG Tate & Mrs TE Tate

Land:

Lot 11 DP 807354, 111 & 117 North Island Loop Road, Upper Orara

Zone:

RU2 – Rural Landscape

Description:

Dual occupancy (detached)  

Description of Item:

•     The Site

The site is legally described as Lot 11 DP 807354 and comprises an area of 2 hectares. The site is bound by North Island Loop Road to the northwest and rural land to the northeast, southeast and southwest.

The site is currently developed with a dwelling, approved under Building Application 0776/81BA, and ancillary buildings.   

Existing vehicular access is available to the site off North Island Loop Road.

•     The Development

The proposal is for a dual occupancy (detached).

Specifically, the proposal is for the construction of a single storey dwelling house. The proposed dwelling will be the second dwelling on the land, located within 75 metres of the existing dwelling, resulting in a detached dual occupancy.  

Vehicular access to the proposed dwelling is proposed to use the existing access off North Island Loop Road.

Issues:

The main assessment issue for the proposed development is the non-compliance with the 50 metre separation development standard for dual occupancies in Zone RU2 under clause 4.2E (2)(c) of the Coffs Harbour Local Environmental Plan 2010.

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

Options:

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

2.   Refuse the application and list reasons for refusal.

Sustainability Assessment:

•     Environment

A complete assessment of potential environmental impacts is provided in the Section 4.15 Evaluation Report 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 Development Control Plan 2015 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 (Building Sustainability Index: BASIX) 2004

-     State Environmental Planning Policy (Infrastructure) 2007

-     State Environmental Planning Policy (Primary Production and Rural Development) 2019

-     Coffs Harbour Local Environmental Plan 2013

-     Coffs Harbour Development Control Plan 2015

Implementation Date / Priority:

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

Conclusion:

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

 

 



































SI21/24         Contract No. RFT-1380-TO Supply and Delivery of Precast Concrete Bridge Components (Panel Supply)

Author:                        Project Engineer/Estimator

Authoriser:                  Director Sustainable Infrastructure

MyCoffs:                      B.1 A thriving and sustainable local economy

Attachments:              ATT1  SI21/24    CONFIDENTIAL Contract No. RFT 1380-TO Precast Bridge Components - 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 Supply and Delivery of Precast Concrete Bridge Components (Panel Supply) Contract No. RFT-1380-TO that closed on 5 May 2021.

These components are for bridge spans longer than can be manufactured in Council’s precast concrete bridge component yard.

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 Supply and Delivery of Precast Concrete Bridge Components (Panel Supply) Contract No. RFT-1380-TO and adopts the recommendation as detailed in the confidential attachment.

 

Report

Description of Item:

As part of our rolling Bridge Replacement Program Council needs to replace some bridges where the span exceeds the length that Council can manufacture is its own precast concrete bridge facility.  Wherever possible the ‘in house’ bridge system is used due to its cost effectiveness, however if the most favourable option is a longer clear span then the components required are sourced externally.

Council called an open tender for the Supply and Delivery of Precast Concrete Bridge Components (Panel Supply) Contract No. RFT-1380-TO that closed on 5 May 2021. Tenders were evaluated on the following criteria:

·      Value for Money / Rates

·      Capability and Capacity

·      Key Personnel and Qualifications

·      Previous experience

·      Quality Management systems

·      Workplace Health and Safety Systems

Tender offers were received from four proponents as follows:

·      Holcim (Australia) Pty Ltd           ABN 87 099 732 297

·      Saunders Civilbuild Pty Ltd        ABN 86 617 431 562

·      Wager Constructions Pty Ltd      ABN 13 110 364 737

·      Weir Built Group Pty Ltd             ABN 55 639 326 560

Issues:

Of the four responses received, one was assessed as being non-compliant.

Options:

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

1.       Adopt the recommendation and approve a panel of three 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 precast concrete bridge steel components are bespoke, 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:

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. Contract implementation will be October 2021.

Conclusion:

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