Ordinary Council Meeting Minutes                                                  14 October 2021

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MINUTES

coffs harbour CITY cOUNCIL
Ordinary Council Meeting
Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour
ON Thursday, 14 October 2021 AT 5.00pm

 

PRESENT:              Cr Denise Knight, Cr Michael Adendorff (via video link), Cr Paul Amos, Cr George Cecato, Cr Keith Rhoades, Cr Tegan Swan, Cr Sally Townley

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

 

Leave of Absence       Nil

Opening of Ordinary Meeting

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

Acknowledgement of Country

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

Statement in relation to Recording of Meetings

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

 

 

 

Procedural Motion

2021/236

Resolved (Cr Denise Knight / Cr Tegan Swan)

That the disclosures of interest be moved forward on the agenda.

 

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

Carried

 

Disclosure of Interest

Councillor

Items

Type of Interest

Cr Tegan Swan

SC16/21

Non-Pecuniary - Less Than Significant Conflict as she lives within the West Woolgoolga area.

Public forum commenced at 5.00pm

Speaker

Item

Kellie Pearce

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

Scott Nolan

(Coffs Harbour Racing Club)

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

 

Apologies

2021/237

Resolved (Cr Keith Rhoades / Cr Sally Townley)

That an apology from Councillor John Arkan for unavoidable absence be received and accepted.

 

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

Carried

 

Leave of Absence

No requests for leave of absence.

 

Confirmation of Minutes

2021/238

Resolved (Cr Sally Townley / Cr George Cecato)

That the minutes of the Ordinary Meeting held on 23 September 2021 be confirmed.

 

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

Carried

 

2021/239

Resolved (Cr George Cecato / Cr Michael Adendorff)

That the minutes of the Extraordinary Meeting held on 27 September 2021 be confirmed.

 

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

Carried

 

General Manager's Reports

 

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

 

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.

 

 

Motion (Cr Sally Townley / Cr Tegan Swan)

That Council:

1.    Applies for a part day local event day (12 noon to 5.30pm) on the first Thursday in August 2022 and 2023 for the Coffs Harbour Gold Cup.

2.    As an employer, continues to provide a paid half day holiday to its employees.

 

Amendment

 

(Cr Paul Amos / Cr George Cecato)

That Council:

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

2.    Receives a report into the possibility of funding a community half day festival at the Jetty foreshores scheduled to run in conjunction with the proposed Coffs Harbour Cup Race day.  Existing market organisers and promoters may be canvassed to submit expressions of interest to promote a possible half day community event.

 

 

Motion put

2021/240

Resolved (Cr Keith Rhoades)

That the amendment be put.

 

For:               Crs Knight, Swan and Townley, Amos, Cecato and Rhoades

Against:       (Cr Adendorff - Abstained)

 

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

Carried

 

Amendment

2021/241

RESOLVED (Cr Paul Amos / Cr George Cecato)

That Council:

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

2.    Receives a report into the possibility of funding a community half day festival at the Jetty foreshores scheduled to run in conjunction with the proposed Coffs Harbour Cup Race day.  Existing market organisers and promoters may be canvassed to submit expressions of interest to promote a possible half day community event.

 

For:         Crs Adendorff, Amos, Cecato and Rhoades

Against:  Crs Knight, Swan and Townley

 

The AMENDMENT on being put to the meeting was CARRIED. It then became the MOTION and was put to the meeting.

 

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

Against:  Crs Swan and Townley

Carried

 

The meeting adjourned for a short recess, the time being 6.16pm and reconvened at 6.24pm.

 

 

 

GM21/17         Disclosure of Interest by Councillors and Designated Persons

 

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.

 

2021/242

Resolved (Cr Sally Townley / Cr Tegan Swan)

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

 

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

Carried

 

 

 

GM21/19         Cultural and Civic Space Gallery and Museum Name

 

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.

 

 

Motion (Cr Tegan Swan / Cr Denise Knight)

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

 

 

Amendment

 

(Cr Sally Townley / Cr Tegan Swan)

That the responsibility for renaming of the Regional Art Gallery and Museum be incorporated into the Branding Consultant’s brief.

 

For:         Crs Knight, Swan and Townley

Against:  Crs Adendorff, Amos, Cecato and Rhoades

 

The AMENDMENT on being put to the meeting was LOST.

 

2021/243

Resolved (Cr Tegan Swan / Cr Denise Knight)

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

 

For:         Crs Knight, Amos, Cecato, Rhoades, Swan and Townley

Against:  Cr Adendorff

Carried

 

 

 

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

 

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.

 

2021/244

Resolved (Cr Sally Townley / Cr George Cecato)

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.

 

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

Carried

 

 

Directorate Reports - Business Services

 

BS21/57          Service Partnership with Service NSW

 

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.

 

2021/245

Resolved (Cr George Cecato / Cr Sally Townley)

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

 

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

Carried

 

 

 

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.

 

2021/246

Resolved (Cr George Cecato / Cr Sally Townley)

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

 

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

Carried

 

 

 

BS21/59          Coffs Harbour Airport Enterprise Park Project Update

 

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.

 

2021/247

Resolved (Cr George Cecato / Cr Michael Adendorff)

That Council:

1.    Note the report.

2.    Note that the best estimate for the forecast end cost of the project is $30,030,240.

3.    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.

4.    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.

 

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

Carried

 

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

 

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.

 

2021/248

Resolved (Cr George Cecato / Cr Tegan Swan)

That Council, in accordance with S178(1) of the Local Government Regulations, accept the tender received for the construction of Airport Enterprise Park – Work Portion C by Mid North Coast Contractors Pty Ltd, ABN 12 158 993 143 for the price of $8,466,559.67 Inc. GST, on the basis that:

1.      The tender is the most advantageous tender following the tender evaluation;

2.      The tenderer has the necessary experience in similar works and their ability and performance are satisfactory; and

3.      The tenderer’s financial capacity is acceptable.

 

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

Carried

 

Directorate Reports - Sustainable Communities

 

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

 

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).

 

2021/249

Resolved (Cr Denise Knight / Cr Sally Townley)

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.

 

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

Carried

 

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

 

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).

 

2021/250

Resolved (Cr Sally Townley / Cr George Cecato)

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.

 

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

Carried

 

 

 

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

 

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).

 

2021/251

Resolved (Cr George Cecato / Cr Sally Townley)

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.

 

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

Carried

 

 

 

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

 

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.

 

2021/252

Resolved (Cr Sally Townley / Cr Paul Amos)

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.

 

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

Carried

 

 

 

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

 

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.

 

2021/253

Resolved (Cr Tegan Swan / Cr Sally Townley)

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.

7.    Note that future planning controls (including a Contributions Plan) will be put in place for this ‘key site’ release area and other land release sites in the wider West Woolgoolga area, to ensure that the overall area is developed with a strong sense of place and neighbourhood amenity for future residents.

 

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

Carried

 

 

 

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

 

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).

 

2021/254

Resolved (Cr Sally Townley / Cr George Cecato)

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.

 

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

Carried

 

 

 

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

 

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%.

 

2021/255

Resolved (Cr George Cecato / Cr Sally Townley)

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.

 

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

Carried

 

 

Directorate Reports – sustainable infrastructure

 

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

 

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.

 

2021/256

Resolved (Cr George Cecato / Cr Michael Adendorff)

That Council:

1.         In accordance with clause 178 (1)(a) of the Local Government (General) Regulation 2005, accepts the panel contract RFT-1380-TO Supply and Delivery of Precast Concrete Bridge Components (Panel Supply) for an initial term of two years, with the three proponents as follows:

·                Saunders Civilbuild Pty Ltd

·                Waeger Constructions Pty Ltd

·                Weir Built Group Pty Ltd

on the basis that:

1.1      Approving a panel of three proponents will provide flexibility and cost competitiveness for Council across all locations; and

1.2      The selected proponents have the necessary experience in similar works and their ability and performance are assessed as meeting requirements.

2.         Approve the provision for a single one-year contract term extension based on business requirements and satisfactory panel performance, which may take the contract through to 2024.

 

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

Carried

 

Questions on notice

No questions on notice.

 

Matters of an Urgent Nature

 

MUN21/14      Council Website Update - Search Capability for Council Agendas 2002 - 2016

 

Councillor Townley noted the update of the Council website and requested reassurance that the previous capacity to search Council agenda items from 2002 to 2016 meetings would be restored.

The Director Business Services advised that he wasn’t aware of the issue until recently and yes will be taking steps to progressively reload that data, will start with the more recent information and work backwards.

 

 

Close of Meeting

The Meeting closed at 7.50pm.

 

Confirmed: 28 October 2021

 

 

 

 

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

Denise Knight

Mayor