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Ordinary Council

 

Business Paper

 

date of meeting:

 

Wednesday, 18 December 2013

location:

 

Council Chambers,

17 Burrawan Street,

Port Macquarie

time:

 

5.30pm


Council’s Vision                                      A sustainable high quality of life for all.

 

 

 

 

Council’s Mission                                   To provide regional leadership and meet the community’s needs in an equitable and inclusive way that enhances the area’s environmental, social and economic qualities.

 

 

 

 

Council’s Corporate Values                  é   Sustainability

                                                                  é   Excellence in Service Delivery

                                                                  é   Consultation and Communication

                                                                  é   Openness and Accountability

                                                                  é   Community Advocacy

 

 

 

 

Council’s Guiding Principles                é  Ensuring good governance

                                                                  é  Looking after our people

                                                                  é  Helping our community prosper

                                                                  é  Looking after our environment

                                                                  é  Planning & providing our infrastructure

 

 


How Members of the Public Can  Have Their Say at Council Meetings

Council has a commitment to providing members of the public with an input into Council's decision making.  The Council's Code of Meeting Practice provides two (2) avenues for members of the public to address Council on issues of interest or concern at the Ordinary Council Meeting.   These are:

 

Addressing Council on an Agenda Item:

If the matter is listed in the Council Business Paper, you can request to address Council by:

·       Completing the Request to Speak on an Agenda Item at a Council Meeting”, which can be obtained from Council’s Offices at Laurieton, Port Macquarie and Wauchope or by downloading it from Council’s website.

·       On-line at

     http://www.hastings.nsw.gov.au/www/html/2924-addressing-a-council-meeting-in-relation-to-an-agenda-item.asp?intSiteID=1

 

Your request to address Council must be received by Council no later than 4:30pm on the day prior to the Council Meeting.

 

Council's Code of Meeting Practice sets out the following guidelines for addressing Council:

·      Addresses will be limited to 5 minutes.

·      If you wish any written information, drawings or photos to be distributed to the Council to support the address, two (2) copies should be provided to the Group Manager Governance & Executive Services prior to the commencement of the meeting.

·      Where speakers wish to make an audio visual presentation, a copy is to be provided to the Group Manager Governance & Executive Services by 4.30pm on the day prior to the Council Meeting.

·      Council will permit only two (2) speakers "Supporting" and two (2) speakers "Opposing" the Recommendation contained in the Business Paper.  If there are more than two speakers supporting and opposing, the Mayor will request the speakers to determine who will address Council.

 

Addressing Council in the Public Forum:

If the matter is not listed in the Council Business Paper, you can request to address Council by:

·       Completing the Request to Speak in the Public Forum at Ordinary Council Meeting”, which can be obtained from Council’s Offices at Laurieton, Port Macquarie and Wauchope or by downloading it from Council’s website.

·       On-line at

     http://www.hastings.nsw.gov.au/www/html/2926-addressing-council-in-the-council-meeting-public-forum.asp?intSiteID=1

 

Your request to address Council must be received by Council no later than 4:30pm on the day prior to the Council Meeting.

 

A maximum of eight (8) speakers will be heard in the Public Forum.  Each speaker will be limited to 5 minutes.  Council may ask questions of speakers but speakers cannot ask questions of Council.

 

Council will not determine matters raised in the Public Forum session, however may resolve to call for a further report, when appropriate.

 

Speakers will be allowed to address Council in the Public Forum on the same issue no more than three (3) times in each calendar year.  (Representatives of incorporated community groups may be exempted from this restriction).

 


Ordinary Council Meeting

Wednesday, 18 December 2013

 

Items of Business

 

Item       Subject                                                                                                      Page

 

 

01           Acknowledgement of Country............................................................................ 1

02           Local Government Prayer................................................................................... 1

03           Apologies......................................................................................................... 1

04           Confirmation of Minutes.................................................................................... 1

05           Disclosures of Interest..................................................................................... 33

06           Mayoral Minute

06.01..... Mayoral Discretionary Fund Allocations.............................................. 37

07           Public Forum................................................................................................... 38

08           Ensuring Good Governance........................................................................... 39

08.01..... Confidential Correspondence to Ordinary Council Meeting................... 40

08.02..... Status of Outstanding Reports to Council - December 2013................. 43

08.03..... Recommended Item from Audit Committee - Audit Committee Charter.. 48

08.04..... Disclosure of Interest Return.............................................................. 50

08.05..... Monthly Review of Financial Position - November 2013....................... 52

08.06..... Investments - November 2013............................................................ 55

08.07..... Establishment of a Budgetary Gains Holding Account......................... 62

08.08..... Local Government Grants Commission............................................... 68

08.09..... Organisational Support for the Procurement Strategy.......................... 71

08.10..... Glasshouse Sub-Committee............................................................... 75

08.11..... 2013 - 2014 Operational Plan Quarterly Progress Report...................... 79

08.12..... 2013 - 2014 Operational Plan Modifications......................................... 92

09           Looking After Our People............................................................................... 94

09.01..... Donations Towards Building and Development Applications Fees for Charitable and Non-Profit Organisations........................................................................... 95

09.02..... Aboriginal Awareness and Understanding Strategy 2013 - 2017............ 98

09.03..... Port Macquarie-Hastings Access Sub-Committee Members Appointment 102

09.04..... Disability Discrimination Act (1992) Action Plan 2009-2018 Annual Report 104

09.05..... Hastings Youth Advisory Council End of Year Report........................ 108

09.06..... Recommendations from the Mayor's Sporting Fund Sub-Committee Meeting held on Monday 18 November 2013........................................................................... 112

10           Helping Our Community Prosper.................................................................. 113

10.01..... Port Macquarie Airport Master Plan 2010 Addendum Report - Consultation Report       114

10.02..... Draft Greater Port Macquarie Destination Management Plan............... 123

10.03..... 18 John Oxley Drive, Port Macquarie - Business Rezoning (PP2011-7.2)(PIN 48392)     127

11           Looking After Our Environment.................................................................... 156

11.01..... Grant Offer from the Northern Rivers Catchment Management Authority 157

11.02..... Free Camping in the Port Macquarie-Hastings Local Government Area 159

11.03..... Tender For Waste Services (T13-21)
Part A: Waste Collection Services
Part B: Organics Receival & Processing Services..............................
163

11.04..... Tender for Collection, Sorting and Removal of Ferrous and Non–Ferrous Scrap Metal and Used Lead Acid Batteries (ULAB)..................................................... 176

12           Planning and Providing Our Infrastructure................................................... 179

12.01..... Question on Notice - Safety of Bend East of Intersection of Redbank Road and Stoney Creek Road............................................................................................... 180

12.02..... Paul Sheldon Oval Naming Proposal................................................ 183

12.03..... Reserve Naming - Alf 'Smacka' Reserve, River Street, Wauchope....... 186

12.04..... Formation of the Village Sewerage Scheme Steering Group............... 188

12.05..... Gaol Point/Lions Lookout Draft Concept Plan................................... 190

12.06..... Port Macquarie Sportsfield Masterplans............................................ 194

12.07..... Stingray Creek Bridge Project Update............................................... 202

12.08..... Laneway Closure Nangara PLace Port Macquarie............................... 208

12.09..... Tender T-13-43 Purchase of one (1) Small Compact Sweeping Machine 213

12.10..... Tender T-13-42 Purchase of one (1) 12 Tonne Tipping Truck .............. 216

12.11..... Tender T-13-35 Provision of Civil Construction Services .................... 219

12.12..... Tender T-13-32 Supply & Delivery of Chemicals ................................ 223

12.13..... Extension of the Coastal Walkway Through Johnathon Dickson Reserve (PIN 43834)    227

12.14..... Planning Options - Incentives for Redevelopment of Flood Affected Short Street Properties....................................................................................................... 233

12.15..... Rainbow Beach Central Corridor Planning Agreement Deed of Variation 238

12.16..... Urban Regeneration Project: Urban Design Report............................. 241  

13           Questions for Next Meeting

14           Confidential Matters

Motion to move into closed session............................................................... 250

14.01..... Ironman 70.3: 2014-2015

Adoption of Recommendations from Confidential Session

 


AGENDA                                                                                Ordinary Council      18/12/2013

Item:          01

Subject:     ACKNOWLEDGEMENT OF COUNTRY

 

"I acknowledge that we are gathered on Birpai Land. I pay respect to the Birpai Elders both past and present. I also extend that respect to all other Aboriginal and Torres Strait Islander people present."

 

 

Item:          02

Subject:     LOCAL GOVERNMENT PRAYER

 

A Minister from the Combined Churches of Port Macquarie will be invited to deliver the Local Government Prayer.

 

 

Item:          03

Subject:     APOLOGIES

 

RECOMMENDATION

That the apologies received be accepted.

 

 

Item:          04

Subject:     CONFIRMATION OF PREVIOUS MINUTES

Recommendation

That the Minutes of the Ordinary Council Meeting held on 20 November 2013 be confirmed.

 


pmhc_logo_VER_smallMINUTES                                                                             Ordinary Council Meeting

                                                                                                                        20/11/2013

 

 

 

PRESENT

 

Members:

 

Councillor Peter Besseling (Mayor)

Councillor Rob Turner

Councillor Adam Roberts (Deputy Mayor)

Councillor Lisa Intemann

Councillor Justin Levido

Councillor Geoff Hawkins

Councillor Trevor Sargeant

Councillor Michael Cusato

Councillor Sharon Griffiths

 

Other Attendees:

 

General Manager (Tony Hayward)

Director of Infrastructure & Asset Management (Jeffery Sharp)

Director of Commercial Services & Industry Engagement (Craig Swift-McNair)

Director of Development & Environment (Matt Rogers)

Director of Community & Organisational Development (Lesley Atkinson)

Group Manager Governance & Executive Services (Stewart Todd)

Communications Co-ordinator (Lyndal Harper)

Governance Support Officer (Bronwyn Lyon)

 

 

The meeting opened at 5.31pm.

 

 

01       ACKNOWLEDGEMENT OF COUNTRY

The Mayor opened the Meeting with an Acknowledgement of Country and welcomed all in attendance in the Chamber.

 

 

02       LOCAL GOVERNMENT PRAYER

Pastor Rob Hefren from the Port City Church delivered the Local Government Prayer.

 

03       APOLOGIES

Nil.

 

04       CONFIRMATION OF MINUTES

resolved:   Levido/Sargeant

That the Minutes of the Ordinary Council Meeting held on 16 October 2013 be confirmed.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

05       DISCLOSURES OF INTEREST

 

 

Councillor Roberts declared a Pecuniary Interest in Item 06.01 - 2013 Carols by Candlelight Event Funding, the reason being that Councillor Roberts’ business “Yankee Deli” is a stall holder at the event should it go ahead.  Councillor Roberts also declared a Non-Pecuniary, Significant Interest in this item the reason being that Councillor Roberts has a direct relative on the Grace Church Executive Committee.

 

Councillor Roberts declared a Non-Pecuniary, Significant Interest in Item 11.09 - DA2013 - 0349 - Alterations and Additions to 3 Storey Dwelling-House Including Clause 4.6 Variation to Clause 4.3 (Height of Buildings) Port Macquarie-Hastings Local Environmental Plan 2011 - Lot 3 DP 236279, 105 Matthew Flinders Drive, Port Macquarie (PIN 13336), the reason being that Councillor Roberts has a close family friend who is a direct neighbour of this development site and may be affected by the outcome of any resolution on this item.

 

Councillor Intemann declared a Non-Pecuniary, Insignificant Interest in Item 11.08 - DA 2013 - 0286 - Earthworks Associated With Recreation Area Lot 16 DP 1122022, 79 Ocean Drive, Port Macquarie (PIN 55276), the reason being that a political supporter of Councillor Intemann is addressing this item on an issue of which she is not aware of the details or nature. Councillor Intemann does not perceive an appreciable gain or loss.

 

Councillor Sargeant declared a Non-Pecuniary, Insignificant Interest in Item 11.05 - Exhibition of Koala Habitat and Vegetation Mapping, the reason being that Councillor Sargeant receives a salary from an agency involved in the management of forests in New South Wales.

 

Councillor Levido declared a Non-Pecuniary, Insignificant Interest in Item 10.02 - Question on Notice - Council Owned Land in William Street, Port Macquarie (PIN 34119), the reason being that Councillor Levido is a partner of Port Macquarie Law Firm, Donovan Oates Hannaford Lawyers which operates its business from premises at 111 William Street, Port Macquarie.

 

 

 

Councillor Levido declared a Non-Pecuniary, Significant Interest in Item 11.09 - DA2013 - 0349 - Alterations and Additions to 3 Storey Dwelling-House Including Clause 4.6 Variation to Clause 4.3 (Height of Buildings) Port Macquarie-Hastings Local Environmental Plan 2011 - Lot 3 DP 236279, 105 Matthew Flinders Drive, Port Macquarie (PIN 13336), the reason being that Councillor Levido is a partner of Port Macquarie Law Firm, Donovan Oates Hannaford Lawyers, currently acting for a landowner whose property adjoins the subject property and how has caused an objection to be lodged with respect to the proposed development.

 

Councillor Levido declared a Non-Pecuniary, Significant Interest in Item 11.11 - T-13-25 Kew Waste Management Facility Design and Documentation (PIN 50972-57445), the reason being that Councillor Levido is a partner of Port Macquarie Law Firm, Donovan Oates Hannaford Lawyers, currently acting (and myself personally) for an entity (and its principals personally)  being one of the unsuccessful tenderers with respect to the subject tender.

 

Councillor Levido declared a Non-Pecuniary, Significant Interest in Item 12.03 - Rationalisation of Land Boundaries - Lake Road, Gordon and Munster Streets, Port Macquarie, the reason being that Councillor Levido is a partner of Port Macquarie Law Firm, Donovan Oates Hannaford Lawyers, currently acting (and myself personally) for the lessee of the property the subject of this report.

 

Councillor Levido declared a Pecuniary Interest in Item 12.04 - Status of Port Macquarie-Hastings Bus Route Alterations and Associated Bus Stops, the reason being that Councillor Levido is a partner of Port Macquarie Law Firm, Donovan Oates Hannaford Lawyers, which operates its business from premises at 111 William Street, Port Macquarie.

 

Councillor Levido declared a Non-Pecuniary, Significant Interest in Item 12.06 - Thrumster Neighbourhood DCP Provisions: Partridge Creek and West Lindfield - Public Exhibition Report, the reason being that Councillor Levido is a partner of Port Macquarie Law Firm, Donovan Oates Hannaford Lawyers, currently acting (and myself personally) for a landowner within the West Lindfield Neighbourhood the subject of this report.

 

Councillor Levido declared a Non-Pecuniary, Significant Interest in Item 12.07 - Proposed Variation to draft LEP Height of Building Map - Warlters Street, Settlement City Precinct, the reason being that Councillor Levido is a partner of Port Macquarie Law Firm, Donovan Oates Hannaford Lawyers, acting for three parties who have interests in the Settlement City Precinct.

 

Councillor Turner declared a Non-Pecuniary, Significant Interest in Item 12.07 - Proposed Variation to draft LEP Height of Building Map - Warlters Street, Settlement City Precinct, the reason being that Councillor Turner is a director and shareholder of Hort Property Pty Ltd which owns a property at 36 Horton Street which is adjacent to one of Council’s current designated bus stops in the Port Macquarie CBD.

 

 

06.01  2013 Carols by Candlelight Event Funding

 

Councillor Roberts declared a Pecuniary and a Non-Pecuniary, Significant Interest in this matter and left the room and was out of sight during the Council's consideration,  the time being 05.42pm.

 

 

RESOLVED:   Besseling

 

That Council:

1.       Provide $4,800 from the Community Grants Program to the Grace Church to assist in their running the 2013 Christmas Carols by Candlelight.

2.       Provide $4,500 from the Community Grants Program to the Port Macquarie City Church to assist in the running of their 2013 Christmas luncheon.

carried:      8/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant and Turner

Against:       Nil

 

Councillor Roberts returned to the meeting, the time being 05:42pm.

 

 

06.02  Mayoral Discretionary Fund Allocations

RESOLVED:  Besseling

 

That the Mayoral Discretionary Fund allocations for the period 5 October to 7 November 2013 be noted.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

06.03  Australian Roads Research Board Group Inc (ARRB) Roads Review Report

RESOLVED:  Besseling/

 

1.       That the Report from ARRB into Council's road construction and maintenance operations be noted.

2.       That the review findings "that Council’s operation has a number of key strengths which bode well for the future, with highly experienced technical staff, effective teams and in-depth knowledge of Council’s network" be noted.

3.       That the General Manager provide a response at the March 2014 Council Meeting, to the recommendations contained in the report giving reference to the cost implications of their implementation or otherwise.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

Suspension of Standing Orders

 RESOLVED:  Besseling/Intemann

That Standing Orders be suspended to allow 08.01 to be brought forward and considered next.

 

 

08.01  Confidential Correspondence to Ordinary Council Meeting

 Resolved:  Intemann/Roberts

That Council determine that the attachments to Item numbers 09.01, 10.02, 11.11 and 12.05 and be considered as confidential, in accordance with Section 11(3) of the Local Government Act.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

07       PUBLIC FORUM

The Mayor advised of applications to address Council in the Public Forum from:

 

1.    Ms Elizabeth Davidson regarding development applications.

2.    Mr William Turner regarding the Glasshouse and its friends.

3.    Ms Jenny Daniel regarding snake problem on rainbow beach reserve.

RESOLVED:  Intemann/Hawkins

That the above requests to speak in the Public Forum be acceded to.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

07.01     DEVELOPMENT APPLICATIONS

Ms Elizabeth Davidson addressed Council in regard to development applications and answered questions from Councillors.

 

 

07.02     The Glasshouse and its Friends

Mr William Turner addressed Council in regard to the Glasshouse and its friends.

 

 

07.03     Snake Problem on Rainbow Beach Reserve

Ms Jenny Daniel addressed Council in regard to a snake problem on Rainbow Beach Reserve.

 

 

REQUESTS TO SPEAK ON AN AGENDA ITEM

The Mayor advised of requests to speak on an agenda item, as follows:

Item 10.03 - Mr Tony Thorne in support of the recommendation.

Item 11.04 - Mr Gregory Smith in opposition to the recommendation.

Item 11.04 - Mr Malcolm McDonald in opposition to the recommendation.

Item 11.05 - Mr Jason Berrigan in support of the recommendation.

Item 11.05 - Mr Tony Thorne in opposition to the recommendation.

Item 11.05 - Mr Bob Sharpham in support of the recommendation.

Item 11.08 - Mr Jamie Harrison in opposition to the recommendation.

Item 11.09 - Mr Tony Thorne in support of the recommendation.

Item 11.09 - Mr R Snow in support of the recommendation.

Item 12.01 - Mr Jack Pike in opposition to the recommendation.

Item 12.07 - Mr Tony Thorne in support of the recommendation.

Item 12.08 - Mr Tony Thorne in support of the recommendation.

 

RESOLVED:  Turner/Roberts

That the requests to speak on an agenda item be acceded to.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

Suspension of Standing Orders

 RESOLVED:  Cusato/Hawkins        

That Standing Orders be suspended to allow Items 10.03, 11.04, 11.05, 11.08, 11.09, 12.01, 12.07 and 12.08 to be brought forward and considered next.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

 

10.03  Economic Development Strategy

 

Mr Tony Thorne, representing the Hastings Construction Industry Association as part of the Economic Development Steering Group, addressed Council in support of the recommendation and answered questions from Councillors.

 

 Resolved:  Turner/Cusato

 

That Council:

1.       Note the submissions and feedback received during the exhibition of the draft Economic Development Strategy.

2.       Adopt the Port Macquarie-Hastings Economic Development Strategy 2013 - 2016.

3.       Request that the General Manager table a report at the February 2014 meeting of Council detailing how actions in outcome 1 of the Economic Development Strategy, being a whole-of-organisation approach to economic development, will be implemented.

 4.      Request that the General Manager report to Council on a six monthly basis on progress against the actions in the Economic Development Strategy commencing in June 2014.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

11.04  Recommended Item from Hastings LGA Coast & Estuaries Sub-Committee - Lake Cathie Coastal Zone Management Plan

 

Mr Gregory Smith, representing the Lake Cathie Residents Group, addressed Council in opposition to the recommendation and answered questions from Councillors.

 

Mr Malcolm McDonald, representing the Lake Cathie Coastal Residents Group, addressed Council in opposition to the recommendation.

 

 Resolved:  Turner/Cusato

 

1.       That Council adopt the Lake Cathie Coastal Zone Management Plan (2013).

2.       That Council seek funding for the total cost of a revetment wall construction from both the NSW and Commonwealth Governments.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

11.05  ExhibItion of Koala Habitat and Vegetation Mapping

 

Councillor Sargeant declared a Non-Pecuniary, Insignificant Interest in this matter and remained in the room during the Council's consideration.

 

Mr Jason Berrigan, representing Darkheart Eco-Consultancy, addressed Council in support of the recommendation and answered questions from Councillors.

 

Mr Tony Thorne, representing King and Campbell Pty Ltd, addressed Council in opposition to the recommendation and answered questions from Councillors.

 

Mr Bob Sharpham, representing the Koala Hospital, addressed Council in support of the recommendation.

 

 

Resolved:   Levido/Roberts

 

That Council:

1.            Note the Biolink Koala Habitat & Vegetation Mapping datasets;

2.            Produce, from the Biolink datasets, a series of Vegetation Maps and Koala Habitat Maps for the Port Macquarie-Hastings LGA that can be made publicly available;

3.            Implement (and report as to) a process of ongoing review and revision of the Biolink datasets to address issues & areas of concern and to amend the Vegetation Mapping and Koala Habitat Mapping where required; and

4.            Review the resultant data, as part of any future policy development processes, to ensure the information is “fit for purpose” but on the basis that no policy shall be adopted and implemented without the further approval of Council.

5.            That the General Manager report to the March 2014 Meeting of Council addressing concerns raised about methodologies used in determining vegetation communities (including Endangered Ecological Communities (EEC)) and koala activity for the purposes of the Biolink Koala Habitat & Vegetation Mapping datasets.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

11.08  DA 2013 - 0286 - Earthworks Associated With Recreation Area Lot 16 DP 1122022, 79 Ocean Drive, Port Macquarie (PIN 55276)

 

Councillor Intemann declared a Non-Pecuniary, Insignificant Interest in this matter and remained in the room during the Council's consideration.

 

Mr Jamie Harrison addressed Council in opposition to the recommendation and answered questions from Councillors.

 

 Resolved:  Cusato/Hawkins

That DA 2013/286 regarding earthworks associated with a recreation area at Lot 16, DP 1122022, No. 79 Ocean Drive, Port Macquarie, be determined by granting consent subject to the recommended conditions.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

11.09  DA2013 - 0349 - Alterations and Additions to 3 Storey Dwelling-House Including Clause 4.6 Variation to Clause 4.3 (Height of Buildings) Port Macquarie-Hastings Local Environmental Plan 2011 - Lot 3 DP 236279, 105 Matthew Flinders Drive, Port Macquarie (PIN 13336)

 

Councillor Roberts declared a Non-Pecuniary, Significant Interest in this matter and left the room and was out of sight during the Council's consideration,  the time being 07.25pm.

 

Councillor Levido declared a Non-Pecuniary, Significant Interest in this matter and left the room and was out of sight during the Council's consideration,  the time being 07.25pm.

 

 

Mr Tony Thorne, representing Mr and Mrs B Kemmett, no questions.

 

Mr Rob Snow, representing Mr and Mrs B Kemmett, no questions.

 

 Resolved:  Intemann/Turner

That DA 2013 - 0349 for alterations and additions to a 3 storey dwelling-house, including clause 4.6 variation to clause 4.3 (height of buildings) of the Port Macquarie-Hastings Local Environmental Plan 2011, at Lot 3, DP 236279, No. 105 Matthew Flinders Drive, Port Macquarie, be determined by granting consent subject to the recommended conditions.

carried:      7/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Sargeant and Turner

Against:       Nil

Councillor Levido returned to the meeting, the time being 07:28pm.

Councillor Roberts returned to the meeting, the time being 07:28pm.

 

 

12.01  Wauchope Skate Park

 

Mr Jack Pike addressed Council in opposition to the recommendation and answered questions from Councillors.

 

 Resolved:  Intemann/Levido

 

That Council adopt Landrigan Park as the location for a new skate park at Wauchope and that concept plans for this facility be developed by 30 June 2014.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

12.07  Proposed Variation to draft LEP Height of Building Map - Warlters Street, Settlement City Precinct

 

Councillor Levido declared a Non-Pecuniary, Significant Interest in this matter and left the room and was out of sight during the Council's consideration,  the time being 07:38pm.

 

Mr Tony Thorne, representing King and Campbell Pty Ltd, addressed Council in support of the recommendation.

 

 Resolved:  Sargeant/Hawkins

 

That Council:

1.       Endorse the amendment to the exhibited draft Height of Building Map applying to Lot 2 DP1163062 (Kmart site), Lot 1 DP1163062 (St Josephs Primary School) and Lot 3 DP263340 (Council-owned land), as shown in this report, to retain a maximum 11.5m building height for the Warlters Street edge and take into account future road widening.

2.       Advise the owners of Lots 1 and 2 DP1163062 of the outcome of this report.

carried:      8/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner

Against:       Nil

 

Councillor Levido returned to the meeting, the time being 07:39pm.

 

 

12.08  Growth Constraints - Oxley Highway/Wrights Road Intersection, Port Macquarie [SF13/1207]

 

Mr Tony Thorne, representing King and Campbell Pty Ltd and on behalf of Port Macquarie Investment Pty Ltd, addressed Council in support of the recommendation and answered questions from Councillors.

 

 Resolved:  Turner/Levido

 

That Council:

1.       Make representations through Leslie Williams, State Member for Port Macquarie, to the Hon. Duncan Gay, NSW Minister for Roads and Ports, requesting that the NSW  State Government upgrade the Wrights Road/Oxley Highway intersection as an urgent priority.

2.       That a post-exhibition report on the bulky goods planning proposal for no. 18 John Oxley Drive be brought before Council for the December 2013 Council Meeting.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

08.02  Status of Outstanding Reports to Council - November 2013

 Resolved:  Roberts/Hawkins

 

1.       That the information in the November 2013 Status of Outstanding Reports to Council be noted.

 

2.       That in the event of a listed report being re-scheduled to be provided at a later than the previously advertised date, the reasons why shall be included within this report.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

08.03  Code of Conduct Complaint Statistics

 Resolved:  Intemann/Griffiths

That Council:

1.       Note the Code of Conduct Complaint Statistics (zero complaints) for the period 1 September 2012 to 31 August 2013.

2.       Forward the Code of Conduct Complaint Statistics to the Division of Local Government.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

08.04  Payment of Expenses and Provision of Facilities to Councillors Policy

 Resolved:  Intemann/Cusato

That Council:

1.       Adopt the Payment of Expenses and Provision of Facilities to Councillors Policy, as attached.

2.       Pursuant to section 253 of the Local Government Act 1993, forward to the Division of Local Government:

a)    A copy of the adopted Payment of Expenses and Provision of Facilities to Councillors Policy.

b)    A copy of this report.

c)    A copy of the notice of public exhibition and submission.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

08.05  Disclosure of Interest Return

 Resolved:  Intemann/Levido

Motion:  Intemann/Levido

That the Disclosure of Interest returns for the Group Manager Transport and Stormwater Network, Development Engineer and the Group Manager Assets and Systems be noted.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

08.06  Report on Attendance at the 2013 AAPA International Flexible Pavements Conference

 Resolved:  Turner/Intemann

 

That Council note the conference report provided by Councillor Intemann on her attendance at the 2013 Australian Asphalt Pavement Association International Flexible Pavements Conference.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

08.07  Annual Financial Statements for the year ended 30 June 2013

 Resolved:  Hawkins/Intemann

 

That Council adopts the Annual Financial Statements for the year ended 30 June 2013, as submitted, together with the Auditor’s Report.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

08.08  Monthly Review of Financial Position - October 2013

 Resolved:  Intemann/Hawkins

 

That Council adopt the adjustments included in the “Financial Implications” section of the Monthly Review of Financial Position report for October 2013.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

08.09  Investments - October 2013

 Resolved:  Hawkins/Roberts

 

1.       That Council receive and note the Investment Report for the month of October 2013.

2.       That the budget projections be reviewed quarterly as new information comes to hand so that the actuals vs projections can be more realistically reported to Council.

3.       That with effect from the December 2013 Council meeting, the monthly investment summary report is re-formatted replacing the current alphabetically driven term deposit list with a list driven by the term deposit maturity date from earliest maturity date to latest maturity date.

carried:      9/0

For:   Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

08.10  Phasing of Operational Budgets

Councillor Cusato left the meeting, the time being 08:06pm.

 Resolved:  Hawkins/Griffiths

 

That Council:

1.       Request that the General Manager implement phased monthly operational budgets from the 2014-2015 financial year.

2.       Request that the General Manager implement phased monthly budgets for capital works budgets from the 2015-2016 financial year.

3.       Defer until December, 2013 the request made at the October Council Meeting for the General Manager to prepare a report for the November 2013 Council Meeting as to the advantages and/or disadvantages of establishing an appropriate accounting methodology which effectively places all "significant" budgetary gains into a special purpose "transition or holding account" before putting forward recommendations to Council as to how budget gains should be best utilised and how this would impact practically on Council's operations as a service provider.

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

08.11  Development Activity & Assessment System Performance

 Resolved:  Sargeant/Griffiths

 

1.       That Council note the Development Activity & Assessment System Performance Report for the first quarter of 2013-2014.

2.       That the Director of Development and Environment investigate whether or not it is possible to include an additional column in the table that shows construction certificates commenced.

3.       That Council formally note the increase in building activity as reflected in complying development and construction certificates as this is a particularly positive news story.

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

08.12  2012 - 2013 Annual Report

 Resolved:  Intemann/Sargeant

 

That Council:

1.       Adopt the 2012 - 2013 Annual Report, comprising Parts 1, 2 and 3.

2.       Submit the adopted 2012 - 2013 Annual Report to the Minister for Local Government by the 30 November 2013.

3.       Publish the adopted 2012 - 2013 Annual Report on Council's website and make copies of the report available at all Council Offices and Libraries.

4.       Note the Community Report Card 2012 - 2013.

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

08.13  Heritage & Cultural Sub-Committee

 Resolved:  Sargeant/Griffiths

 

1.       That Council endorse the development of an overarching committee as described in the report.

2.       That Council undertake further consultation with all members of the two committees (Arts & Cultural Development Committee and the Museums & Heritage  Sub-Committee) and provide the wider community the opportunity to also comment on the proposed overarching committee.

3.       That a further report be put to Council outlining the feedback and a proposed Charter in February 2014.

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

08.14  Transfer Balance of Funds - Port Macquarie-Handa Sister City Sub-Committee

 Resolved:  Besseling/Intemann

 

That Council approve an amount of $5,300 from the Port Macquarie-Handa Sister City Sub-Committee 2013/2014 Budget be transferred into a Port Macquarie-Handa Sister City Reserve.

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

08.15  Section 355  Community Halls Management Committees Membership 2013

 Resolved:  Turner/Levido

 

1.       That Council endorse the membership of Bonny Hills Community Hall Management Committee as elected at their 2013 Annual Review Meeting, comprising:

·         Ms Francis Hoad - President

·         Ms Ann Drury - Treasurer/Booking Officer

·         Ms Lorraine Winner - Minutes Secretary

·         Ms Carmel Power - Correspondence Secretary

·         Mr Bill Howell - Maintenance Officer

·         Mr Roger Barlow - Committee Member

·         Ms Pam Barlow -  Committee Member

 

2.       That Council endorse the membership of CC “Mac” Adams Music Centre Management Committee as elected at their 2013 Annual Review Meeting, comprising:

·         Ms Leanne Howlett - President

·         Ms Jan Hunter - Vice President

·         Mr Glen Stanley - Treasurer

·         Mr Greg Cook - Secretary/Booking Officer

·         Mr Brian Corrigan - Committee Member

·         Ms Betty Hobby - Committee Member

·         Mr Dale Bleasdale - Committee Member

·         Mr Maurie Griffin - Committee Member

 

3.       That Council endorse the membership of Lorne Recreation Centre Management Committee as elected at their 2013 Annual Review Meeting, comprising:

·         Mr Brian Alley - President

·         Ms Janet Lewin - Vice President

·         Ms Nicola Nosworthy - Secretary

·         Ms Stephanie Williams - Treasurer

·         Ms Jenny Higgins - Committee Member

·         Mr Phil Higgins - Committee Member

·         Mrs Helen Anderson - Committee Member

·         Mr Alan Anderson - Committee Member

·         Ms Gerda Butlin - Committee Member

 

4.       That Council endorse the membership of Pappinbarra Recreation Reserve Management Committee as elected at their 2013 Annual Review Meeting, comprising:

·         Ms Sue Frost - President

·         Ms Kelly Benson - Secretary

·         Ms Emma Frost - Treasurer

·         Ms Brenda Patrick - Committee Member

·         Mr Steve Ostler - Committee Member

·         Mr Rob Frost - Committee Member

 

5.       That Council endorse the membership of Pembrooke Community Hall Management Committee as elected at their 2013 Annual Review Meeting, comprising:

·         Mr Kirk Byrnes - President

·         Ms Jeanette Rainbow - Secretary

·         Ms Margaret Davies - Treasurer

·         Mr Des Freeman - Committee Member

·         Mrs Shirley Freeman - Committee Member

·         Ms Clair Cutler - Committee Member

·         Ms Jean Moore - Committee Member

 

6.       That Council endorse the membership of Port Macquarie Historic Court House Management Committee as elected at their 2013 Annual Review Meeting, comprising:

·         Mr Roger Heath - President

·         Mr Barry Dowse - Vice President

·         Ms Lyn Stevenson - Secretary

·         Mrs Veronica Heath - Treasurer

·         Mrs Brenda Pebedy - Maintenance Officer

·         Mrs Audrey Dowse - Booking Officer

·         Mr Ramsey Collins - Committee Member

·         Mr John Scholz - Committee Member

·         Ms Carole Neil - Committee Member

·         Mr David Baird - Committee Member

·         Mr Ross Pebedy - Committee Member

·         Mr Glen Dick - Committee Member

·         Mr David Martin - Committee Member

 

7.       That Council endorse the membership of Port Macquarie Seniors Centre Management Committee as elected at their 2013 Annual Review Meeting, comprising:

·         Mr Allen Ross - President/Booking Officer

·         Mrs Lyn Manley - Treasurer

·         Ms Trish Davis - Secretary

·         Mrs Di Last - Committee Member

·         Mr Don Newson - Committee Member

·         Mr Norm Bodenham - Committee Member

·         Ms Kathy O’Neale - Committee Member

 

8.       That Council endorse the membership of Wauchope Community (Arts) Hall Management Committee as elected at their 2013 Annual Review Meeting, comprising:

·         Ms Krissa Wilkinson - President

·         Ms Julie Muller - Vice President/Maintenance Officer

·         Ms Deborah Murrell - Treasurer

·         Ms Lyndall Goetz - Secretary

·         Ms Lis Tuck - Hall Coordinator

·         Mr Peter Bower - Assistant Hall Coordinator

·         Ms Susan Ashton - Committee Member

·         Ms Mei Ling Yuen - Committee Member

·         Ms Amy Hubers - Committee Member

 

9.       That Council endorse the membership of Wauchope Rotary Youth Hall Management Committee as elected at their 2013 Annual Review Meeting, comprising:

·         Mr Paul Froome - President

·         Mr Kevin Whitbread - Secretary

·         Mrs Marie Winter - Treasurer/Booking Officer

·         Ms Helen Clunus - Committee Member

·         Ms Annie Peel - Committee Member

·         Mr Stuart Weir - Committee Member

·         Ms Narelle Stokes - Committee Member

·         Mr Andy Neal - Committee Member

 

10.     That Council thank in writing, the outgoing committee members.

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

09.01  Annual Reporting of Contracts for Senior Staff

 Resolved:  Intemann/Griffiths

 

That Council note the contractual conditions for the following Senior roles in the Organisation:

  • General Manager
  • Director Infrastructure and Asset Management
  • Director Community and Organisational Development
  • Director Commercial Services and Industry Engagement
  • Director Development and Environmental

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

09.02  Notice of Motion - Ban Consumption of Alcohol - Town Beach Skate Park (PIN 263)

 Resolved:  Turner/Sargeant

 

That Council erect notices, pursuant to section 632 of the Local Government Act 1993, to ban the consumption of alcohol at the Town Beach Skate Park at any time.

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

09.03  Notice of Motion - Illegal Camping

 Resolved:  Turner/Sargeant

 

That Council:

1.       Prioritise compliance action during the 2013-2014 summer in relation to illegal camping and overnight stays in public car parks and reserves.

2.       Request the General Manager provide a report to the December 2013 Council Meeting on the implications of erecting notices, pursuant to S.632 of the Local Government Act 1993, to prohibit camping and overnight stays in public car parks and reserves.

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

09.04  Bicentenary Planning Reference Group Membership

 Resolved:  Intemann/Levido

 

That Council:

1.       Endorse the establishment of a Bicentenary Planning Reference Group.

2.       Accept all of the Expressions of Interest received for the Bicentenary Planning Reference Group.

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

09.05  Recommendations from the Mayor's Sporting Fund Sub-Committee Meeting held on Thursday 16 October 2013

 Resolved:  Besseling/Turner

 

That Council, pursuant to provisions of Section 356 of the Local Government Act 1993, grant financial assistance from the Mayor’s Sporting Fund to:

1.       Mr Patrick Hamilton in the amount of $250.00 (ex GST) to assist with the expenses he would have incurred travelling to and competing at the 2013 National Youth Championships (soccer) held in Coffs Harbour from 30 September to 4 October 2013 inclusive.

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

10.01  Notice of Motion - Tastings on Hastings 2013

 Resolved:  Sargeant/Turner

 

That Council:

1.       Formally congratulate contractors, staff and volunteers on the success of the 2013 Tastings on Hastings.

2.       Request the General Manager report to the February 2014 Council Meeting on the total cost of running the event and the source and application of those funds provided by Council.

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

10.02  Question on Notice - Council Owned Land in William Street, Port Macquarie (PIN 34119)

 

Councillor Levido declared a Non-Pecuniary, Insignificant Interest in this matter and remained in the room during the Council's consideration

 

RESOLVED:  Roberts/Hawkins

 

That Council:

1.       Undertake an Expression of Interest process for Council’s land located at 99 William Street, Port Macquarie with a report being presented to Council of the outcome.

2.       Remove the Special Condition requiring a purchaser of Council’s land located at 99 William Street, Port Macquarie to provide 180 on site public car parking spaces when the site is developed.

3.       If it proceeds to sell the land located at 99 William Street, upon settlement, reimburse funds initially borrowed from the Section 94 fund when the site was purchased and place the remaining funds into Council's Property Reserve until a viable alternative project is identified for investment.      

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

11.01  Notice of Motion - Walking Track - Jonathon Dixon Reserve to Middle Rock Road, Lake Cathie (PIN 43834)

 Resolved:  Sargeant/Griffiths

 

That Council request that the General Manager report to the December 2013 Council Meeting on the implications of extending the existing walking track from Jonathon Dixon Reserve to Middle Rock Road.

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

11.02  Notice of Motion - Wall Reserve, North Haven (PIN 15194)

 MOTION:       Sargeant/Griffiths

 

That Council investigate the options for facilitating the formation of a self-help entity, such as a LandCare Group, aimed at maintaining the current untended section of Wall Reserve, North Haven in accordance with Council’s standards and that a report be provided for consideration by Council at the February 2014 Council Meeting.

lost: 2/6

For:   Griffiths and Sargeant

Against:       Besseling, Hawkins, Intemann, Levido, Roberts and Turner

 

 

11.03  Recommended Item from Hastings LGA Floodplain Management Sub-Committee - Camden Haven River and Lake System Flood Study

 Resolved:  Griffiths/Sargeant

 

That Council

1.         Adopt the Camden Haven River and Lakes System Flood Study (2013).

2.         Request the General Manager present a report to the February 2014 Council Meeting on the status of the Camden Haven Floodplain Management Plan (2004) and the mitigations proposals therein.

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

11.06  Question on Notice - Kew Waste Transfer Station (PIN 50972, 57445)

 Resolved:  Griffiths/Intemann

 

That the report be noted.

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

11.07  New Planning Bill

 Resolved:  Intemann/Turner

 

That Council:

1.       Proceed with the Draft Major Roads and Open Space Contributions Plans.

2.       Make representations to the Minister for Planning & Infrastructure requesting the retention of Council's ability to negotiate planning agreements on appropriate infrastructure to cater for the growth in the local government area and the inclusion of local infrastructure contributions outlined in this report as local infrastructure works.

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

11.10  DA2013 - 0481 Alterations and Additions to Two Storey Dwelling House and Construction of a Detached Shed Including Clause 4.6 Variation to Clause 4.3 (Height of Buildings) Port Macquarie Hastings Local Environmental Plan 2011 - Lot 5 DP 22158, 23 Orr Street, Port Macquarie (PIN 15827)

 Resolved:  Intemann/Turner

That DA 2013 - 481 for a alterations and additions to a two storey dwelling house and construction of a detached shed, including clause 4.6 variation to clause 4.3 (height of buildings) of the Port Macquarie-Hastings Local Environmental Plan 2011 at Lot 5, DP 22158, No. 23 Orr Street, Port Macquarie, be determined by granting consent subject to the recommended conditions. 

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

11.11  T-13-25 Kew Waste Management Facility Design and Documentation (PIN 50972-57445)

 

Councillor Levido declared a Non-Pecuniary, Significant Interest in this matter and left the room and was out of sight during the Council's consideration,  the time being 09:15pm.

 

Resolved:   Intemann/Turner

 

That Council:

1.       Accept the lump sum tender of $235,173.00 (excl. GST) received from Hyder Consulting Pty Ltd for Design and Documentation of Kew Waste Management Facility.

2.       Affix the seal of Council to the necessary documents.

carried:      7/1

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts and Turner

Against:       Sargeant

 

Councillor Levido returned to the meeting, the time being 09:17pm.

 

 

12.02  Local Infrastructure Renewal Scheme Round 3 Applications

 Resolved:  Intemann/Hawkins

 

That Council:

1.       Submit an application under Round 3 of the Local Infrastructure Renewal Scheme for construction of Hastings River Drive from Gordon Street to Aston Street at an estimated cost of $5,600,000.

 2.      Write to the Minister for Local Government, following the outcome of our application in Round 3, encouraging a review of the LIRS program to give councils with a significant infrastructure backlog greater opportunity to access the program.

A.     3.  Approach NSW Treasury Corporation (TCorp) to provide detailed information on the methodology used to determine the capacity for Council to be able to service loans associated with the Local Infrastructure Renewal Scheme.

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

12.03  Rationalisation of Land Boundaries - Lake Road, Gordon and Munster Streets, Port Macquarie

 

Councillor Levido declared a Non-Pecuniary, Significant Interest in this matter and left the room and was out of sight during the Council's consideration,  the time being 09:22pm.

 

 Resolved:  Intemann/Roberts

 

That Council:

1.       Advise Crown Lands that it supports the rationalisation of the boundaries of Gordon Street and Lake Road and Crown Reserve 95757.

2.       In its capacity as Trust Manager of the Gordon Street Public Recreation Reserve (R87715) Trust, advise Crown Lands that it supports the rationalisation of the boundaries affecting the Reserve and supports the holding over of leases until the boundary rationalisation has been completed.

3.       Agrees to closing of part Lake Road as hatched on “Diagram “A” Plan of Part Lake Road to be Closed” as attached to this report.

4.       Advise Crown Lands it supports the exchange of part Reserve 87715 for part Lake Road on the basis that the exchange be at nil monetary compensation.

5.       Affix the Common Seal to:

a)      Plan of road closure and first title creation

b)      Plan of subdivision of road widening/consolidation

6.       Pursuant to Section 377 of the Local Government Act 1993, delegate to the General Manager authority to sign the Land and Property Information Transfer forms.

carried:      7/0

For:   Besseling, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner

Against:       Nil

 

 

12.04  Status of Port Macquarie-Hastings Bus Route Alterations and Associated Bus Stops

 

Councillor Levido declared a Pecuniary Interest in this matter and remained out of the room and was out of sight during the Council's consideration.

 

Councillor Turner declared a Non-Pecuniary, Significant Interest in this matter and left the room and was out of sight during the Council's consideration,  the time being 09:23pm.

 

Resolved:   Besseling/Roberts

 

That Council:

1.       Receive and note the Status of Port Macquarie-Hastings Bus Route Alterations and Associated Bus Stops report.

2.       Consider all recently created bus zones as permanent traffic management facilities on the understanding operation of these facilities will continue to be monitored by Council’s traffic management staff in consultation with Busways.

3.       Continue to support the installation of approximately 140 new bus stops on the new bus routes.

4.       Support the provision of bus services along High Street, Wauchope that service bus stops at both the Hospital and the Library, by writing to both Busways and the Director General, Transport for NSW.

carried:      6/0

For:   Besseling, Griffiths, Hawkins, Intemann, Roberts and Sargeant

Against:       Nil

 

Councillor Turner returned to the meeting, the time being 09:27pm.

 

Councillor Levido returned to the meeting, the time being 09:27pm.

 

 

12.05  Tender T-13-33 Supply & Install Traffic Signals Hastings River Drive at Boundary Street intersection, Port Macquarie

 Resolved:  Sargeant/Hawkins

 

That Council:

1.       Accept the tender of $ 147,590.00 (excluding GST) from Curran and Curran P/L for the supply and installation of traffic signals on Hastings River Drive at the Boundary Street intersection, Port Macquarie.

2.       Affix the seal of Council to the necessary documents.

carried:      8/0

For:   Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

Against:       Nil

 

 

12.06  Thrumster Neighbourhood DCP Provisions: Partridge Creek and West Lindfield - Public Exhibition Report

 

Councillor Levido declared a Non-Pecuniary, Significant Interest in this matter and left the room and was out of sight during the Council's consideration,  the time being 09:28pm.

 

 Resolved:  Sargeant/Turner

 

That Council:

1.       Adopt the draft planning provisions for Partridge Creek Residential, Partridge Creek Industrial and West Lindfield neighbourhoods of the Thrumster Urban Release Area as an amendment to the Port Macquarie-Hastings Development Control Plan 2011.

2.       Forward a copy of the approved plans to the Director General of the Department of Planning and Infrastructure and publish a public notice of this decision within 28 days.

3.       Prepare a planning proposal with a view to carrying out consequential rezoning generally as described in this report, pursuant to section 55 of the Environmental Planning and Assessment Act 1979, for the amendment of the provisions of the Port Macquarie-Hastings Local Environmental Plan 2011.

4.       Forward the planning proposal to the Department of Planning and Infrastructure for a Gateway Determination not later than 30 June 2014, and exhibit the proposal in accordance with that determination, pursuant to sections 56-58 of the Act.

carried:      7/0

For:   Besseling, Griffiths, Hawkins, Intemann, Roberts, Sargeant and Turner

Against:       Nil

 

Councillor Levido returned to the meeting, the time being 09:28pm.

 

 

13       QUESTIONS FOR NEXT MEETING

 

 

 

13.01     BUILDING A  NEW LOCAL GOVERNMENT PERFORMANCE MEASUREMENT FRAMEWORK

 

Question from Councillor Hawkins:

 

With reference to a circular received today from the NSW Department of Local Government with the title "Building a  new local government performance measurement framework", could the General Manager provide a report to the February 2014 Council Meeting responding directly to the two key questions posed by the DLG, viz:

 

1.       What do councils and their community need to know to determine if they are performing well and achieving their goals?

 

2.       How well does your council (PMHC) currently measure performance and how useful is your council's current performance measurement system?

 

Comments by Councillor (if provided):

 

Nil.

 

 

13.02     PORT MACQUARIE LIBRARY - SOLAR GENERATING POWER INSTALLATION

 

Question from Councillor Griffiths:

 

Could the General Manager provide a report to the February 2014 Council Meeting on the effectiveness of the solar power generating installation on the library building in Port Macquarie and specifically advise the:

1.       Savings of usage in kilowatts

2.       Percentage and dollars saved over the past year

3.       Expected life of the installation

4.       Break even year calculating to the year before replacement or maintenance would need to occur

5.       What is the calculated savings expected before maintenance or replacement is required

 

Comments by Councillor (if provided):

 

This report is requested to determine the effectiveness of the installation to achieve returns for ratepayers.

 

 

13.03     PUBLIC FORUM 20/11/13 - ITEMS 1 & 2

 

Question from Councillor Intemann:

 

Could the written information provided in relation to Items 1 and 2 of the Public Forum be provided in full to Councillors.

 

Comments by Councillor (if provided):

                                             

Nil.

 

 

13.04     NEW DEVELOPMENT- ILLAROO ROAD, LAKE CATHIE

 

Question from Councillor Intemann:

 

Could a report be provided to the February 2014 Council meeting on the relationship between the hazard identified in the vicinity of Illaroo Road, Lake Cathie and limits to new development, including like for like replacement of existing structures known to be affected by asbestos.

 

If possible could the report also cover changes to the valuation of affected properties since the development limits were impose.

 

Comments by Councillor (if provided):

                                             

Nil.

 

 

CONFIDENTIAL COMMITTEE OF THE WHOLE

RESOLVED:  Hawkins/Sargeant

1.         That pursuant to Section 10A Subsections 2 & 3 and 10B of the Local Government Act 1993 (as amended), the press and public be excluded from the proceedings of the Council in Confidential Committee of the Whole (Closed Session) on the basis that items to be considered are of a confidential nature.

2.         That Council move into Confidential Committee of the Whole (Closed Session) to receive and consider the following items:

Item 14.01 Lehman Brothers Australia Limited (In Liquidation)

This item is considered confidential under Sect 10A(2)(g) of the Local Government Act 1993, as it contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

3.         That the resolutions made by the Council in Confidential Committee of the Whole (Closed Session) be made public as soon as practicable after the conclusion of the Closed Session and such resolutions be recorded in the Minutes of the Council Meeting.

 

 

ADJOURN MEETING

 

The Ordinary Council Meeting adjourned at 9.38pm.

 

RESUME MEETING

 

The Ordinary Council Meeting resumed at 9.41pm.

 

 

 

ADOPTION OF RECOMMENDATIONS FROM THE CONFIDENTIAL COMMITTEE OF THE WHOLE

RESOLVED:  Turner/Hawkins

That the undermentioned recommendations from Confidential Committee of the Whole (Closed Session) be adopted:

Item 14.01 Lehman Brothers Australia Limited (In Liquidation)

This item is considered confidential under Sect 10A(2)(g) of the Local Government Act 1993, as it contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

1.      Approve the Settlement Agreement in substantially the terms as tabled by the General Manager.

2.      Authorise the Mayor and General Manager to execute the Power of Attorney and authorise any Attorney under it to execute the Settlement Agreement on behalf of Council in substantially the terms as tabled.

3.      Affix the seal of Council to the necessary documents.

 

 

The meeting closed at 9.42pm.

 

 

 

 

 

 

………………………………………..

Peter Besseling

Mayor

 

 

   


AGENDA                                                                                Ordinary Council      18/12/2013

Item:          05

Subject:     DISCLOSURES OF INTEREST

 

RECOMMENDATION

 

That Disclosures of Interest be presented

 

DISCLOSURE OF INTEREST DECLARATION

 

 

Name of Meeting:     ………………………………………………………………………..

 

Meeting Date:           ………………………………………………………………………..

 

Item Number:            ………………………………………………………………………..

 

Subject:                      ………………………………………………………………………..

                                    …………………………………………………….……………...…..

 

 

I, ..................................................................................... declare the following interest:

 

 

        Pecuniary:

              Take no part in the consideration and voting and be out of sight of the meeting.

 

 

        Non-Pecuniary - Significant Interest:

              Take no part in the consideration and voting and be out of sight of the meeting.

 

        Non-Pecuniary - Less than Significant Interest:

              May participate in consideration and voting.

 

 

For the reason that:  ....................................................................................................

 

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

 

 

 

Signed:  .........................................................................  Date:  ..................................

 

 

Growth Bar b&w(Further explanation is provided on the next page)


 

Further Explanation

(Local Government Act and Code of Conduct)

 

A conflict of interest exists where a reasonable and informed person would perceive that a Council official could be influenced by a private interest when carrying out their public duty. Interests can be of two types: pecuniary or non-pecuniary.

 

All interests, whether pecuniary or non-pecuniary are required to be fully disclosed and in writing.

 

Pecuniary Interest

 

A pecuniary interest is an interest that a Council official has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the Council official. (section 442)

 

A Council official will also be taken to have a pecuniary interest in a matter if that Council official’s spouse or de facto partner or a relative of the Council official or a partner or employer of the Council official, or a company or other body of which the Council official, or a nominee, partner or employer of the Council official is a member, has a pecuniary interest in the matter. (section 443)

 

The Council official must not take part in the consideration or voting on the matter and leave and be out of sight of the meeting. (section 451)

 

Non-Pecuniary

 

A non-pecuniary interest is an interest that is private or personal that the Council official has that does not amount to a pecuniary interest as defined in the Act.

 

Non-pecuniary interests commonly arise out of family, or personal relationships, or involvement in sporting, social or other cultural groups and associations and may include an interest of a financial nature.

 

The political views of a Councillor do not constitute a private interest.

 

The management of a non-pecuniary interest will depend on whether or not it is significant.

 

Non Pecuniary – Significant Interest

 

As a general rule, a non-pecuniary conflict of interest will be significant where a matter does not raise a pecuniary interest, but it involves:

(a)   A relationship between a Council official and another person that is particularly close, for example, parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the Council official or of the Council official’s spouse, current or former spouse or partner, de facto or other person living in the same household.

(b)   Other relationships that are particularly close, such as friendships and business relationships. Closeness is defined by the nature of the friendship or business relationship, the frequency of contact and the duration of the friendship or relationship.

(c)   An affiliation between a Council official an organisation, sporting body, club, corporation or association that is particularly strong.

 

If a Council official declares a non-pecuniary significant interest it must be managed in one of two ways:

1.     Remove the source of the conflict, by relinquishing or divesting the interest that creates the conflict, or reallocating the conflicting duties to another Council official.

2.     Have no involvement in the matter, by taking no part in the consideration or voting on the matter and leave and be out of sight of the meeting, as if the provisions in section 451(2) apply.

 

Non Pecuniary – Less than Significant Interest

 

If a Council official has declared a non-pecuniary less than significant interest and it does not require further action, they must provide an explanation of why they consider that the conflict does not require further action in the circumstances.

SPECIAL DISCLOSURE OF PECUNIARY INTEREST DECLARATION

 

 

By

[insert full name of councillor]

 

 

In the matter of

[insert name of environmental planning instrument]

 

 

Which is to be considered at a meeting of the

[insert name of meeting]

 

 

Held on

[insert date of meeting]

 

 

PECUNIARY INTEREST

 

 

Address of land in which councillor or an  associated person, company or body has a proprietary interest (the identified land)i

 

 

Relationship of identified land to councillor

[Tick or cross one box.]

 

Councillor has interest in the land (e.g. is owner or has other interest arising out of a mortgage, lease trust, option or contract, or otherwise).

 

Associated person of councillor has interest in the land.

 

Associated company or body of councillor has interest in the land.

 

MATTER GIVING RISE TO PECUNIARY INTEREST

 

 

Nature of land that is subject to a change

in zone/planning control by proposed

LEP (the subject land iii

[Tick or cross one box]

 

The identified land.

 

Land that adjoins or is adjacent to or is in proximity to the identified land.

Current zone/planning control

[Insert name of current planning instrument and identify relevant zone/planning control applying to the subject land]

 

Proposed change of zone/planning control

[Insert name of proposed LEP and identify proposed change of zone/planning control applying to the subject land]

 

Effect of proposed change of zone/planning control on councillor

[Tick or cross one box]

 

Appreciable financial gain.

 

Appreciable financial loss.

 

 

 

 

 

Councillor’s Signature:  ……………………………….   Date:  ………………..


 

 

Important Information

 

This information is being collected for the purpose of making a special disclosure of pecuniary interests under sections 451 (4) and (5) of the Local Government Act 1993.  You must not make a special disclosure that you know or ought reasonably to know is false or misleading in a material particular.  Complaints made about contraventions of these requirements may be referred by the Director-General to the Local Government Pecuniary Interest and Disciplinary Tribunal.

 

This form must be completed by you before the commencement of the council or council committee meeting in respect of which the special disclosure is being made.   The completed form must be tabled at the meeting.  Everyone is entitled to inspect it.  The special disclosure must be recorded in the minutes of the meeting.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

i.   Section 443 (1) of the Local Government Act 1993 provides that you may have a pecuniary interest in a matter because of the pecuniary interest of your spouse or your de facto partner or your relativeiv or because your business partner or employer has a pecuniary interest. You may also have a pecuniary interest in a matter because you, your nominee, your business partner or your employer is a member of a company or other body that has a pecuniary interest in the matter.

ii.  Section 442 of the Local Government Act 1993 provides that a pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter or if the interest is of a kind specified in section 448 of that Act (for example, an interest as an elector or as a ratepayer or person liable to pay a charge).

iii.   A pecuniary interest may arise by way of a change of permissible use of land adjoining, adjacent to or in proximity to land in which a councillor or a person, company or body referred to in section 443 (1) (b) or (c) of the Local Government Act 1993 has a proprietary interest—see section 448 (g) (ii) of the Local Government Act 1993.

iv.   Relative is defined by the Local Government Act 1993 as meaning your, your spouse’s or your de facto partner’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child and the spouse or de facto partner of any of those persons.


AGENDA                                                                                Ordinary Council      18/12/2013

 

 

Item:          06.01

 

Subject:     MAYORAL Minute - Mayoral Discretionary Fund Allocations

Mayor, Peter Besseling

 

 

 

 

 

RECOMMENDATION

 

That the Mayoral Discretionary Fund allocations for the period 8 November to  5 December 2013 be noted.

 

 

Discussion

 

Mayoral Discretionary Fund Allocations

 

The total commitment from the Mayoral Discretionary Fund from 8 November to 5 December 2013 was $920.00.

 

This included the following:

 

Donation to Pedal Against Poverty

$100.00

Remembrance Day Wreath

$60.00

Mayor’s Sporting Fund Committee - Purchase of Framed Local Olympian Sporting Items

$500.00

Dancing with the Stars Fundraiser

$260.00

 

$920.00

 

 

Attachments

 

Nil

  

 


AGENDA                                                                                Ordinary Council      18/12/2013

Item:          07

Subject:     PUBLIC FORUM

 

Residents are able to address Council in the Public Forum of the Ordinary Council Meeting on any Council-related matter not listed on the agenda.

A maximum of eight speakers can address any one Council Meeting Public Forum and each speaker will be given a maximum of five minutes to address Council. Council may wish to ask questions following an address, but a speaker cannot ask questions of Council.

Once an address in the Public Forum has been completed, the speaker is free to leave the chambers quietly.

If you wish to address Council in the Public Forum, you must apply to address that meeting no later than 4.30pm on the day prior to the meeting by completing the 'Request to Speak in Public Forum at Ordinary Council Meeting Form'.  This form is available at Council's offices or online at www.pmhc.nsw.gov.au.

 

 

 

 


Description: Governance Strap.jpgDescription: Governance Strap.jpgAGENDA                                                                                Ordinary Council

                                                                                                                      18/12/2013

 

 

 

 

 

 

 

 

What are we trying to achieve?

A collaborative community that works together and recognises opportunities for community participation in decision making that is defined as ethically, socially and environmentally responsible.

 

 
What will the result be?

 

·         A community that has the opportunity to be involved in decision making.

·         Open, easy, meaningful, regular and diverse communication between the community and decision makers.

·         Partnerships and collaborative projects, that meet the community’s expectations needs and challenges.

·         Knowledgeable, skilled and connected community leaders.

·         Strong corporate management that is transparent.

 

How do we get there?

 

1.1     Engage the community in decision making by using varied communication channels that are relevant to residents.

1.2     Create professional development opportunities and networks to support future community leaders.

1.3     Create strong partnerships between all levels of government and their agencies so that they are effective advocates for the community.

1.4     Demonstrate conscientious and receptive civic leadership.

1.5     Implement innovative, fact based business practices.


Description: Governance Strap.jpgDescription: Governance Strap.jpgAGENDA                                                                                Ordinary Council

                                                                                                                      18/12/2013

 

 

Item:          08.01

 

Subject:     Confidential Correspondence to Ordinary Council Meeting

Presented by: General Manager, Anthony Hayward

 

Alignment with Delivery Program

1.4.3  Build trust and improve Council’s public reputation through transparency and accountability.

 

 

 

RECOMMENDATION

That Council determine that the attachments to Item numbers 08.10,  11.03, 11.04,  12.07, 12.09, 12.10, 12.11 and 12.12 be considered as confidential, in accordance with Section 11(3) of the Local Government Act.

Discussion

The following confidential attachment has been submitted to the Ordinary Council Meeting.

Item No.:                                08.10

Subject:                                 Glasshouse Sub-Committee

Attachment Description:     Confidential Attachment EOI-13-08 - Independent Members of the Glasshouse Sub-Committee - Evaluation Master

Confidential Reason:           Confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.  Local Government Act 1993 – Section 10A(2(c))

Item No.:                                11.03

Subject:                                 Tender For Waste Services (T13-21)

                                               Part A: Waste Collection Services

                                               Part B: Organics Receival & Processing Services

Attachment Description:     Evaluation Report, Comparison of Prices - Collection and Organics Services, Probity & Evaluation Plan

Confidential Reason:           Confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business (Local Government Act 1993 – Section 10A(2(c))

Item No.:                                11.04

Subject:                                 Tender for Collection, Sorting and Removal of Ferrous and Non–Ferrous Scrap Metal and Used Lead Acid Batteries (ULAB)

Attachment Description:     T-13-30 Evaluation Scorecard’ and ‘T-13-30 Evaluation non-price Criteria

Confidential Reason:           Confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.  Local Government Act 1993 – Section 10A(2(c))

Item No.:                                12.07

Subject:                                 Stingray Creek Bridge Project Update

Attachment Description:     Stingray Creek Bridge Replacement Project Plan

Confidential Reason:           Confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.  Local Government Act 1993 – Section 10A(2(c))

Item No.:                                12.09

Subject:                                 Tender T-13-43 Purchase of one (1) Small Compact Sweeping Machine

Attachment Description:     T-13-43 Evaluation & Pricing Analysis

Confidential Reason:           Confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. Local Government Act 1993 – Section 10A(2(c))

Item No.:                                12.10

Subject:                                 Tender T-13-42 Purchase of one (1) 12 Tonne Tipping Truck

Attachment Description:     T-13-42 Evaluation & Pricing Analysis

Confidential Reason:           Confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. Local Government Act 1993 – Section 10A(2(c))

Item No.:                                12.11

Subject:                                 Tender T-13-35 Provision of Civil Construction Services

Attachment Description:     T-13-35  Evaluation & Pricing Analysis

Confidential Reason:           Confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. Local Government Act 1993 – Section 10A(2(c))

Item No.:                                12.12

Subject:                                 Tender T-13-32 Supply & Delivery of Chemicals

Attachment Description:     T-13-32  Evaluation & Pricing Analysis

Confidential Reason:           Confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. Local Government Act 1993 – Section 10A(2(c))

 

 

Attachments

Nil

 


Description: Governance Strap.jpgDescription: Governance Strap.jpgAGENDA                                                                                Ordinary Council

                                                                                                                      18/12/2013

 

 

Item:          08.02

 

Subject:     Status of Outstanding Reports to Council - December 2013

Presented by: General Manager, Anthony Hayward

 

Alignment with Delivery Program

1.4.3  Build trust and improve Council’s public reputation through transparency and accountability.

 

 

 

RECOMMENDATION

 

That the information in the December 2013 Status of Outstanding Reports to Council be noted.

 

Discussion

 

 

Report

 

Status

 

Reporting Officer

Current Anticipated Date for Report

North Shelly Beach Pedestrian Access

(Item 12.01 - ORD 17/07/13)

The design for Pacific Drive shared walkway/cycleway design is not complete

DIAM

Dec 2013

Feb 2014

 

Establishing accounting methodology - “significant” budgetary gains into “transition / holding account”

(Item 08.05 - ORD 16/10/13)

Report to this meeting

DCSIE

Dec 2013

Procurement Strategy - Organisational Support

(Item 08.10 - ORD 18/09/13)

Report to this meeting

DCSIE

Dec 2013

QON - Safety of the bend east of the intersection of Redbank Road and Stoney Creek Road

(Item 13.03 - ORD 18/09/13)

Report to this meeting

DIAM

Dec 2013

Glasshouse Sub-Committee - results of EOI

(Item 09.01 - ORD 16/10/13)

Report to this meeting

DCSIE

Dec 2013

Walking Track - Jonathon Dickson Reserve To Middle Rock Road, Lake Cathie - report on implications of extending the existing walking track from Jonathon Dixon Reserve to Middle Rock Road.

(Item 11.01 - ORD 20/11/13)

Report to this meeting

DDE

Dec 2013

Illegal camping - report on implications of erecting notices, pursuant to S.632 of the Local Government Act 1993, to prohibit camping and overnight stays in public car parks and reserves.

(Item 09.03 - ORD 20/11/13)

Report to this meeting

DDE

Dec 2013

Growth Constraints - Oxley Highway/Wrights Road Intersection, Port Macquarie - post-exhibition report on the bulky goods planning proposal for no. 18 John Oxley Drive.

(Item 12.08 - ORD 20/11/13)

Report to this meeting

DDE

Dec 2013

Glasshouse Quarterly Financial Report

 

DCSIE

Feb 2014

Economic Development Strategy - report detailing how actions in outcome 1 of the Economic Development Strategy, being a whole-of-organisation approach to economic development, will be implemented.

(Item 10.03 - ORD 20/11/13)

 

DCSIE

Feb 2014

Camden Haven River And Lake System Flood Study - report on status of the Camden Haven Floodplain Management Plan (2004) and the mitigations proposals therein.

(Item 11.03 - ORD 20/11/13)

 

DDE

Feb 2014

4.         13.01    Building A  New Local Government Performance Measurement Framework - report on the two key questions posed by the DLG, viz:

5.      1.            What do councils and their community need to know to determine if they are performing well and achieving their goals?

6.   2.            How well does your council (PMHC) currently measure performance and how useful is your council's current performance measurement system?

(Item 13.01 - ORD 20/11/13)

 

GM

Feb 2014

Port Macquarie Library - Solar Generating Power Installation - report on the effectiveness of the solar power generating installation on the library building in Port Macquarie and specifically advise the:

1.    Savings of usage in kilowatts

2.    Percentage and dollars saved over the past year

3.    Expected life of the installation

4.    Break even year calculating to the year before replacement or maintenance would need to occur

5.    What is the calculated savings expected before maintenance or replacement is required

(Item 13.02 - ORD 20/11/13)

 

DDE

Feb 2014

New Development- Illaroo Road, Lake Cathie - report on relationship between the hazard identified in the vicinity of Illaroo Road, Lake Cathie and limits to new development, including like for like replacement of existing structures known to be affected by asbestos.

If possible could the report also cover changes to the valuation of affected properties since the development limits were impose.

(Item 13.04 - ORD 20/11/13)

 

DDE

Feb 2014

Tastings on Hastings 2013 - report on total cost of running the event and the source and application of those funds provided by Council.

(Item 010.01 - ORD 20/11/3)

 

DCSIE

Feb 2014

Heritage & Cultural Sub-Committee - report outlining the feedback and a proposed Charter.

(Item 08.13 - ORD 20/11/13)

 

DCOD

Feb 2014

Pacific Highway Destination and Tourism Signage - LEP Options

 

DDE

March 2014

Impact of Road Openings and Closures on Private Property

(Item 12.03 - ORD 18/09/13)

 

DIAM

March 2014

Benefits and future options for engagement of community volunteers

(Item 10.02 - ORD 21/08/13)

Report after three months of operation of volunteer arrangement

DIAM

March 2014

Wauchope Traffic Management Strategy - Exhibition Feedback and Progress Actions

(Item 12.05 - ORD 16/10/13)

 

DIAM

March 2014

Australian Roads Research Board Group Inc (ARRB) Roads Review Report - respond to recommendations, reference to the cost implications of their implementation or otherwise

(Item 06.03 - ORD 20/11/13)

 

DIAM

March 2014

Exhibition Of Koala Habitat And Vegetation Mapping - report addressing concerns raised about methodologies used in determining vegetation communities (including Endangered Ecological Communities) and koala activity for the purposes of the Biolink Koala Habitat & Vegetation Mapping datasets.

(Item 11.05 - ORD 20/11/13)

 

DDE

March 2014

Council Owned Land In William Street, Port Macquarie - report on expressions of interest.

(Item 10.02 - ORD 20/11/13)

 

DCSIE

March 2014

Glasshouse Quarterly Financial Report

 

DCSIE

April 2014

Tender for the Management & Operation of Council Owned Swimming Pools

(Item 12.03 - ORD 19/06/13)

 

DIAM

April 2014

Procurement Strategy - progress on action plan including savings and efficiencies

(Item 08.10 - ORD 18/09/13)

Quarterly

DCSIE

April 2014

Economic Development Strategy - report on progress against actions.

(Item 10.03 - ORD 20/11/13)

Biannually

DCSIE

June 2014

Glasshouse Quarterly Financial Report

 

DCSIE

July 2014

MIDROC Strategic Plan 2013-2017 Outcomes

(Item 08.03 - ORD 21/08/13)

Annually

GM

July 2014

Procurement Strategy - progress on action plan including savings and efficiencies

(Item 08.10 - ORD 18/09/13)

Quarterly

DCSIE

July 2014

Procurement Strategy - progress on action plan including savings and efficiencies

(Item 08.10 - ORD 18/09/13)

Quarterly

DCSIE

October 2014

Deferral of Payment of Development Contributions - Progress of Expanded Provisions

(Item 10.01 - ORD 16/10/13)

 

DDE

October 2014

Use of McInherney Park Western Man-Made Beach

(Item 12.04 - ORD 16/10/13)

Report within 1 month of adoption of PMH Recreation Plan

DIAM

TBA

 

Attachments

Nil

 


Description: Governance Strap.jpgDescription: Governance Strap.jpgAGENDA                                                                                Ordinary Council

                                                                                                                      18/12/2013

 

 

Item:          08.03

 

Subject:     Recommended Item from Audit Committee - Audit Committee Charter

Presented by:  General Manager, Anthony Hayward

 

 

Alignment with Delivery Program

 

1.5.5  Ensure there is appropriate management of risk for Council and the community.

 

 

 

 

RECOMMENDATION

 

That Council:

1.       Adopt the revised Audit Committee Charter, as attached.

2.       Appoint Councillor Griffiths to the Audit Committee, as Council’s second Councillor Representative.

 

 

Executive Summary

 

The Audit Committee, at its meeting held on 14 November 2013, reviewed its Charter and reached consensus as follows:

 

1.       That the Audit Committee Charter be amended as follows:

a)      Clause “3.1 Members (voting)

·   Two (2) Port Macquarie-Hastings Council Councillors (not the Mayor).

·   Three (3) Independent external members (not a member of Council).”

b)      Clause “3.2 Attendees (non-voting)

·   Group Manager Governance and Executive Services (Head of Internal Audit).

·   General Manager and such other senior officers as required.”

c)      The final paragraph in Clause 5 Reporting be replaced with:

         “The Committee will provide an annual report to Council, with a six month (mid year) update, on the organisation’s financial management, corporate risk, governance, continuous improvement, management of risk and internal controls.”

          d)      That the quorum be half the voting members of which two must be the independent external members.

 

Council has recently received two resignations from its Audit Committee, in addition to the resignation received after the September 2012 Local Government ordinary election from Councillor Hawkins relinquishing his role as a Community Representative on the Committee.

 

These resignations have provided an ideal opportunity to review the current Audit Committee Charter.  The Audit Committee Charter has been reviewed, revised and is presented to Council, by the Audit Committee, for adoption.

 

Attachment 1 to this report is the draft Audit Committee Charter (December 2013).

 

For the Council’s information, the Audit Committee are continuing work on the Roles and Responsibilities section of the Charter with regard to the relevant sections within the Independent Local Government review Panel’s report, Future Directions for NSW Local Government - Twenty Essential Steps.

 

 

Attachments

 

1.       Draft Audit Committee Charter - December 2013

 


Description: Governance Strap.jpgDescription: Governance Strap.jpgAGENDA                                                                                Ordinary Council

                                                                                                                      18/12/2013

 

 

Item:          08.04

 

Subject:     Disclosure of Interest Return

Presented by: General Manager, Anthony Hayward

 

Alignment with Delivery Program

1.4.3  Build trust and improve Council’s public reputation through transparency and accountability.

 

 

 

RECOMMENDATION

That the Disclosure of Interest return for Development Assessment Planner be noted.

 

Executive Summary

 

Within Council’s organisational structure, the position of Development Assessment Planner is a designated person under the Local Government Act 1993. Section 445 of the Local Government Act 1993, requires Designated Persons to prepare and submit written returns of interests in accordance with section 449.

 

A Return has been submitted by Council’s Development Assessment Planner. The Disclosure will be tabled at this meeting.

Discussion

 

Section 445 of the Local Government Act 1993 (the LG Act), requires Designated Persons to prepare and submit written returns of interests in accordance with section 449. The position of Development Assessment Planner is a designated person under the Act.

 

Section 450A(1) requires the General Manager to keep a Register of Returns and section 450A(2) requires the General Manager to table the Returns at the first Council meeting held after the date for lodgement.

 

The Returns are then held in the Governance and Executive Services section of Council and, as required by section 6 of the Government Information (Public Access) Act 2009, are available for public inspection, by appointment

 

The Return for the position of Development Assessment Planner will be tabled at this meeting.

Options

 

Nil.  Lodgement of a Return by a Designated Person is a requirement under section 445 of the LG Act.

Community Engagement & Internal Consultation

 

Community Engagement

 

Nil.

 

Internal Consultation

 

·    Group Manager Governance and Executive Services.

·    Development Assessment Planner.

Planning & Policy Implications

 

Nil.

Financial & Economic Implications

 

Nil.

 

 

Attachments

Nil

 


Description: Governance Strap.jpgDescription: Governance Strap.jpgAGENDA                                                                                Ordinary Council

                                                                                                                      18/12/2013

 

 

Item:          08.05

 

Subject:     Monthly Review of Financial Position - November 2013

Presented by: Commercial Services & Industry Engagement, Craig Swift-McNair

 

Alignment with Delivery Program

1.4.2  Manage Council’s financial assets, and provide accurate, timely and reliable financial information for management purposes and provide plain English community reporting.

 

 

 

RECOMMENDATION

 

That Council adopt the adjustments included in the “Financial & Economic Implications” section of the Monthly Review of Financial Position report for November 2013.

 

Executive Summary

Each month, Council’s budgets are reviewed by Managers and Directors and any required adjustments are reported. The purpose of this report is to provide Council with an up to date view of the current actual financial position in comparison to the adopted 2013/14 budgets along with proposed movement of funds to accommodate any changes.

Discussion

Within the month of November, there have been several adjustments to budget accounts with no impact on the current forecasted yearly deficit. The forecasted deficit for the adjusted 2013/14 financial year remains at $867,149, unchanged since September 2013.

In addition, the following is noted:

-     No additional surpluses were achieved during the month in any section.

-     All overspends greater than 2% of budget and over $50,000 (along with proposed funding source) have been reviewed and approved by the Executive Group, being their function to oversee operational activities and approve operational actions.

-     There has been no improvement to the current deficit levels.  This will continue to be monitored closely.

-     Any gains in Interest income have not been taken into consideration into these calculations. Due to the varying deposit terms, these can only be calculated on a best estimate basis and therefore projections will only be considered on a quarterly basis, as a minimum.

 

 

 

A summary of these adjustments include:-

 

Description

Funding Source

Total Amount

Overspend in month

Reserves

75,801

Additional funds required due to  Council resolutions

Reserves

430,060

Additional non budgeted works

Reserves

93,615

Additional non budgeted works

Contributions

100,000

Additional income received from Grants, not in the original budget

Grants

412,138

Council resolution to move funds into reserves

n/a

5,300

 

A commentary of the key variances follows:-

1.    Council adopted a report on the Airport rental and staff carpark in October 2013 with the necessary budget adjustments included in this review.

2.    An upgrade to the lighting at the Glasshouse has been included this month and funded by Waste Management WASIP funds.

3.    Council has received a number of grants during the month which at the time of budgeting remained uncertain or unknown. A budget has now been included for the grant funding along with the associated expenditure of those funds for the amount of the grant expected to be expended in this financial year.

Options

Council may adopt the recommendation as proposed or amend as required.

Planning & Policy Implications

Nil.

Financial & Economic Implications

Attached to the report for information is each individual budget adjustment by Division and Section.  The net budget movements for the month maintain the current deficit position.

Responsible Accounting Officer Statement

The approved budget deficit for 2013/14 following the October monthly financial review was $867,149. The adjustments included in this report will maintain this deficit.  This is considered to be an un-satisfactory result for the year and as such budgets will continue to be monitored closely during the year so that any savings can be applied to this deficit.

 

 

Attachments

1.       2013-2014 November Budget Review

 


Description: Governance Strap.jpgDescription: Governance Strap.jpgAGENDA                                                                                Ordinary Council

                                                                                                                      18/12/2013

 

 

Item:          08.06

 

Subject:     Investments - November 2013

Presented by:  Commercial Services & Industry Engagement, Craig Swift-McNair

 

 

Alignment with Delivery Program

 

1.4.2  Manage Council’s financial assets, and provide accurate, timely and reliable financial information for management purposes and provide plain English community reporting.

 

 

 

RECOMMENDATION

 

That Council receive and note the Investment Report for the month of November 2013.

 

 

Executive Summary

 

Investment balances and performance for the month of November 2013 are presented in this report.

 

Discussion

 

This report provides details of all funds that Council has invested under Section 625 of the Local Government Act, as at 30 November 2013. All investments were made in accordance with the Act, Regulations and Council’s Investment Policy.

 

As at 30 November 2013, the investments held by Council totalled $143,223,046 and is attributed to the following funds:

 

General Fund                            56,472,005

Waste Fund                               10,356,310

Water Fund                               43,100,853

Sewer Fund                              32,284,468

Sanctuary Springs Fund                  24,448

Broadwater                                    984,962

                                                143,223,046

 

 

Staff continue to monitor opportunities to switch to allowable alternate investments with a greater forecast investment return to maturity. Council’s independent advisor, Denison Advisory Services is continuing to work with the Finance team in reviewing Council’s portfolio and investment strategy.

 

Portfolio Performance.

 

Council’s total investment portfolio performance for November 2013 was 1.84% above the benchmark (4.38% against 2.54%). As demonstrated in the following graph, the year-to-date investment income of $2,735,519 has reached 65.76% of the total annual budget of $4,160,000.

 

 

Tables 1 and 2 below provide a dissection of Council’s investment portfolio as required by Council’s Investment Policy. The policy identifies the maximum amounts that can be invested within the various maturity constraints and the amounts which can be held with institutions based on their respective credit ratings.

 

Table 1- Term to Maturity: Shows the total amount invested within the following maturity terms in accordance with limits as established by Council’s Policy.

 

Table 1:

 

 

Table 2 - Overall Portfolio Credit Framework: Shows the amounts held with various institutions based on their respective credit ratings. This is to limit the percentage of the portfolio exposed to any particular credit rating category. The amounts held in comparison to the maximum allowed are shown in the table below.

 

Table 2:

 

 

These tables show the total amount held for Council’s term deposits and do not include the equity linked or floating rate notes.

 

The investment portfolio as at 30 November 2013, sorted by maturity date, is as follows. It should be noted that at the time of writing this report, the November valuation for the EMU Equity Linked Note had not yet been provided.

 

 

It is noted that “$ value” in the table above is the estimate of current realisable value for the investment as provided by Denison Advisory Services and is not necessarily the amount that is to be received upon maturity.

 

Investment Portfolio Summary

 

The following graph breaks down by component the Council’s portfolio at November month end which totals $143.2mm (October ($140.8mm).

 

 

Denison Advisory Services Report

 

Denison Advisory Services advise that the pricing for the Floating Rate Note (‘FRN’) was relatively flat as it dropped marginally whilst the Capital Protected Notes improved. The portfolio continues to retain a high level of overall liquidity. The cash component totals $12.4m (up from $9.8m last month) and both the FRNs and Capital Protected investments can be liquidated - the term deposit portfolio has a spread of maturities providing the portfolio additional liquidity if required.

 

Market News - Interest Rates

 

The RBA left the cash rate at 2.50% following on from no change in October. Early December has also seen the rate unchanged which was almost universally anticipated by market opinions.

 

Bank bill yields were again largely unchanged (third consecutive month of the status quo) on a month-on-month basis remaining around 2.60% - the market expectations for rates as expressed by the futures curve moderated over the month.

 

The average yield for the 12 bank bill futures contracts (a 3yr period) is currently at 3.31%, a small drop from October’s end of month level of 3.37%. It is higher than the level of last year at 3.09% but below the 4.09% seen back in 2011.

 

Forward expectations for short term rates in Australia were roughly similar to the previous month with slightly lower expectations in years 2 and 3. The graph below shows the market view that rates rise slowly in early 2014 before rising more aggressively than previously priced in.

 

The Australian Dollar

 

The Australian dollar was weaker both against the USD and on the trade weighted index basis reversing to the recent upward moves in September and also October. The Australian dollar dropped by in excess of 3% during November on a trade weighted basis.

 

The US currency was stronger as markets brought forward tapering potential and locally the RBA did a good job of continuing of talking the currency down.

 

Our currency was relatively strong in the first half of the month settling in the mid 90s against the USD but drifted lower to a month low of just above 91cents in late November.

 

Options

 

This is an information report.

 

Community Engagement & Internal Consultation

 

Council uses the services of Denison Financial Advisory in relation to the investment portfolio, including advice on the placement of investments, assistance with policy development and general advice.

 

Planning & Policy Implications

 

Not applicable.

 

Financial & Economic Implications

 

Council’s total investment portfolio performance for November 2013 was 1.84% above the benchmark (4.38% against 2.54%) and year-to-date investment income has reached 65.76% of the total annual budget.

 

 

Attachments

 

Nil

 


Description: Governance Strap.jpgDescription: Governance Strap.jpgAGENDA                                                                                Ordinary Council

                                                                                                                      18/12/2013

 

 

Item:          08.07

 

Subject:     Establishment of a Budgetary Gains Holding Account

Presented by:  Commercial Services & Industry Engagement, Craig Swift-McNair

 

 

Alignment with Delivery Program

 

1.5.2  Provide and maintain efficient and effective information management systems that are accessible, user friendly and meet community and organisational requirements.

 

 

 

RECOMMENDATION

 

That Council:

1.       Note that monthly reporting processes currently exist and are functioning satisfactorily

2.       Review the monthly financial position report and amend to provide greater detail and  transparency of required budget adjustments.

3.       Note that the establishment of a transition or holding account is subsequently not required.

 

Executive Summary

 

At an Ordinary Meeting of Council held on 16 October 2013, Council resolved the following (in part):

 

RESOLVED: Hawkins/Roberts

 

That Council:

 

4. Request the General Manager to prepare a report for the November 2013 Council Meeting as to the advantages and/or disadvantages of establishing an appropriate accounting methodology which effectively places all “significant” budgetary gains into a special purpose “transition or holding account” before putting forward recommendations to Council as to how budget gains should be best utilised and how this would impact practically on Council’s operations as a service provider.

 

CARRIED: 9/0

FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

AGAINST: Nil

 

At the Ordinary Meeting of Council held on 20 November 2013, Council subsequently resolved the following (in part):-

 

RESOLVED: Hawkins/Griffiths

 

That Council:

3.         Defer until December 2013 the request made at the October Council Meeting for the General manager to prepare a report for the November 2013 Council Meeting as to the advantages and/or disadvantages of establishing an appropriate accounting methodology which effectively places all “significant’ budgetary gains into a special purpose “transition or holding account’ before putting forward recommendations to Council as to how budget gains should be best utilised and how this would impact practically on Council’s operations as a service provider.

 

CARRIED: 8/0

FOR: Besseling, Griffiths, Hawkins, Intemann, Levido, Roberts, Sargeant and Turner

AGAINST: Nil

 

The purpose of this report is to detail information relating to the advantages and disadvantages of establishing a holding account for budgetary gains as per the above-mentioned Council resolutions.

 

Discussion

 

Description of current process

 

The current strategy across the organisation is to regularly monitor on a monthly basis all areas of operations to highlight any potential vulnerability, focussing on the use of surplus gains to pay down budget deficits throughout the year.

 

Over the last few years a successful reduction in deficits has been achieved through unbudgeted gains in a number of areas. In many situations (eg. rates revenues and interest income), it has been difficult to predict these gains within the budgeting process.  In both areas of rates and interest income, a conservative budgeting strategy needs to be adopted given they are both dependent and critical on economic growth.  Additionally, rates revenue is calculated some eight months prior to the commencement of the financial year with any investment strategies governed by strict guidelines aimed at minimising any adverse risks from economic downturns.  

 

Whilst gains may become available throughout the year, there are specific guidelines and regulations which must be followed with respect to the application and movement of funds within the waste, sewer and water funds (and other funding sources such as Section 94 contributions). Whilst it is possible to charge waste, sewer and water a general overhead service charge, all other funds must be ‘ring fenced’ to their fund only, providing no scope to transfer any available surplus funds from those specific funds to the general operational fund.

 

Currently if there is an overspend of 2% or more on capital projects (over $50,000) Group Managers are required to undertake an over expenditure review, providing to the Executive Group a report detailing the overspend and recommended funding source for this overspend. This funding source is likely to come from a reduction in another project, and where not achievable, an addition to the overall deficit.  The decision on how the overspend is funded rests with the Executive Group.

 

Throughout the year budgets are reviewed monthly with adjustments made for any changes in circumstances that were unknown during the budget development process i.e. additional grant funds or delays in capital works programs.  What may appear to be a budget savings in one month is often a deliberate strategy to cut back on planned expenditure or a reassessment of priorities in order to fund unexpected expenditure.

 

Whilst no ‘holding accounts’ for budget savings as such currently exist (beyond the Working Capital reserve), monthly reports are provided to Council detailing the current financial position, where there have been any adjustments made to the Budgets, and a summary of where any allocations have been made. From a legislative perspective, it is only required to provide Council with a Budget Review on a quarterly basis.  The provision of monthly reporting to Council is consistent with an approach to improve transparency and continuity of all operations.

 

In line with the above-mentioned Council resolution, following is a list of the advantages and disadvantages to placing funds into a special purpose transition holding account/s.

 

Advantages of a “transition or holding account”:

 

1.   Immediate visibility

 

If a special purpose transition holding account or accounts, were to be established it would allow for a singular quarantine and immediate quantification of any gains made throughout the year. Whilst gains would be evident through the transition holding account, these movements are reported to Council on a monthly basis as part of the monthly financial adjustments.

 

Improving the current monthly reporting framework to provide greater detail on budget adjustments will also assist in improving visibility and transparency.

 

Disadvantages of a “transition or holding account”:

 

1.   Not all gains can be redistributed for alternative uses

-        

Some budgetary gains must remain in the specific area from which they were derived, as required under the Restricted Funds definition of the Local Government Act. These areas include waste, sewer and water, meaning that any budgetary gains in these areas would not be able to be utilised by general fund operations.

 

Given this, if special holding accounts were to be established there would need to be four accounts established, being:-

 

-     Water Holding Account

-     Sewer Holding Account

-     Waste Holding Account

-     General Holding Account

 

Within the General Holding Account, there would need to be additional subsections to ring fence areas including S94 contributions and grants. Whilst the existence of multiple funds as described above is not in itself a disadvantage, there are constraints around the use of gains from these funds, as well as greater associated administrative work.

 

2.   Eliminating any contingencies increases risk

-                

Within both the operational and capital works budgets, there needs to be some level of contingency in any budget to accommodate for variances which may occur throughout the year. 

 

From an operational perspective, there are some areas where it is difficult to predict certain outcomes. In the example of Workers Compensation, whilst this can be quantified based on current staffing levels and past performance, there needs to be some contingency to allow for possible accidents.

 

In regard to interest income from investments, projections are made some 15 months prior to the end of the next budget period, so a conservative approach must be adopted to eliminate or limit any risks which the Council may be exposed to from greater economic impacts i.e. a change in the economy leading to a dramatic change in interest rates. This conservative approach is a direct result of the uncertainty in 2008 and 2009.

 

From a capital works perspective, whilst more robust reporting mechanism between budgeting and actual performance and delivery of the projects continue to be a focus, there will always be an element of project risk due to external matters beyond Council’s control.  This can generally only be mitigated with a level of contingency being included in the budget. Allowing for reasonable contingencies is a risk management strategy to ensure that Council is not exposed unnecessarily to being unable to fund required capital works.

 

3.   Sourcing funds for additional projects and practical implications

 

From an operational perspective, many unforeseen events occur which are managed on a daily basis. These range from weather events to breakdowns (for example) and in many instances require additional funding to address. From time to time, Council may also resolve to allocate expenditure via Council resolution which is unfunded at the time of resolution.

 

In these situations staff will, where possible, cut back on planned expenditure, plan to delay other expenditure to the following year, or reassess priorities in order to fund this unplanned expenditure rather than creating or adding to a deficit budget position. Under the current reporting regime, these may appear to be savings or gains. If these funds were moved to a transitionary account, this could either worsen a deficit budget position or result in Council being unable to proceed with the necessary unforeseen events without Council resolving at a future Council meeting that they could proceed. Considering Council only meets monthly, this could impact on the delivery of some services and or capital works projects until such time as approval was obtained by Council for the reallocation of the funds. 

 

4.    Quarterly income

 

Rates are invoiced quarterly, therefore from a cash flow perspective; income is received four times a year, not monthly. Capital projects and general operational programs need continuity throughout the entire year to smooth these income peaks and expenditure demands.

-                

Taking any gains throughout year and isolating them into a separate account can affect the ongoing cash flow of projects.  In order to keep continuity of cash flows and considering the receipt of income only on this quarterly basis, it would be necessary to have access to funds monthly. Any mechanism involving a need for Council approval to release these funds will add greater workloads on the organisation and the finance section from a reporting, timing and administration perspective.

 

5.       Unforeseen circumstances and keeping the project costing ‘honest’

 

Whilst every attempt is made to ensure all elements of a project are finalised promptly, on the rare occasion an invoice from a supplier and / or contractor is received for a project which may have been completed some months earlier. Giving a job some breathing space prior to closing the job number would allow for any rogue invoices to be processed. Taking a gain quickly may only lead to greater administrative work asking for the funds back to pay the invoice. In addition to this, if any gains had already been allocated on another project, there would be no funds available for payment of this invoice.  Whilst this is not a systemic issue, it is a possibility and highlights the effect of gains being taken and reallocated elsewhere.

 

What would be regarded as a ‘significant’ budgetary gain?

 

If this approach was adopted, consideration would need to be given as to what a “significant budgetary gain” would be defined as. It could be argued that an organisation with yearly expenditure of well over $100 million that a level of, say, $100,000 represents only 0.1%. From an auditing perspective, an acceptable level of materiality is somewhere between 0.5% to 1% of revenue/turnover.  A lower threshold would increase administrative workloads and create operational difficulties in terms of continuity.

 

An alternative solution - considering and improving current practices to increase transparency

 

It is considered that the existing monthly reporting framework could be strengthened and improved to provide greater detail and explanation of budget adjustments for the purpose of overall increased transparency.

 

In particular, comments should be expanded to clearly explain the purpose of the required adjustment and the report should summarise the type of budget adjustment and the funding source.

 

In this way, the reporting framework should provide greater clarity around what budget savings are realised each month as distinct from adjustments which are “restricted” from being allocated to other general fund projects/budgets. The report should also ensure that any significant budgetary adjustments are addressed in greater detail in the report.

 

Options

 

Council can resolve to adopt the recommendation as included in this report or not adopt same.

 

Community Engagement & Internal Consultation

 

Internal consultation has taken place with the following people:

-     General Manager;

-     Directors;

-     Group Manager Financial Services;

-     Manager Corporate & Financial Planning

 

Planning & Policy Implications

 

There are no direct planning & policy implications as a result of this report.

 

Financial & Economic Implications

 

Moving any gains, significant or not, into a special purpose holding account may hamper the organisations ability to efficiently manage the operational and capital works budgets throughout the year as described in the body of this report.

 

The current process has operated effectively for a number of years providing the Council with a better outcome than would otherwise have been achieved. It has allowed for all adjustments to occur through a considered and commercial approach as to the best outcome for Council.

 

There is no disputing the need for improved budgeting and financial accountability across the organisation, hence it is recommended to improve the current monthly reporting framework to provide greater detail and overall transparency of required budget adjustments.

 

 

Attachments

 

Nil

 


Description: Governance Strap.jpgDescription: Governance Strap.jpgAGENDA                                                                                Ordinary Council

                                                                                                                      18/12/2013

 

 

Item:          08.08

 

Subject:     Local Government Grants Commission

Presented by:  Commercial Services & Industry Engagement, Craig Swift-McNair

 

 

Alignment with Delivery Program

 

1.3.1  Participate in active alliances with other agencies to make effective decisions that address the needs of our community.

 

 

 

RECOMMENDATION

 

That Council note the 2013-2014 Grant calculations provided by the Local Government Grants Commission for Port Macquarie-Hastings Council.

 

 

Executive Summary

 

The Local Government Grants Commission in their correspondence dated 17 October 2013 have detailed their Financial Assistance Grants (FAG) calculations for the 2013-14 period for the Council and an opportunity to submit a special submission should Council deem this appropriate. The Commission has asked that this correspondence be tabled at a meeting of Council.

 

Discussion

 

Background

 

This report demonstrates some of the key issues raised our February 2013 report to Council where information regarding local government funding and the associated implications for Port Macquarie Hastings Council were discussed.

 

Within this report, it was highlighted that Council raises its revenue from a variety of sources, of which grants and contributions constitutes approx. $40m, being 23% of total revenue (2012/13 source). Within this $40m total, Council receives $8.5m from the Federal Government scheme - Financial Assistance Grants (FAGs).

 

It is the responsibility of the NSW Grants commission to make recommendations on the allocation of grants between the various NSW councils, based on population data.  However as history has shown, the system for local government commonwealth funding has remained relatively unchanged for some twenty years.

 

Up until 2000, both state and local governments each received a Financial Assistance Grant, indexed on the same basis. With the introduction of the GST in 2000, states received a GST grant, linked to GST tax revenue.

 

Despite having a similar structure and purpose, there has been a marked difference in the treatment of FAGs when compared with the GST grants.  Since 2001, FAGs have increased at a much slower rate than the GST grants.  In addition, the commonwealth tax revenue, the funding source of FAGs, has increased at a greater rate than the FAGs grant, demonstrating that FAGs as a proportion of commonwealth tax revenue has been declining to its lowest rates.

 

The current indexation arrangements for FAGs are not adequate to maintain the grants 'purchasing power' for councils as the indexation does not reflect the actual cost increases that Council faces in delivering adequate services to its community along with maintaining and renewing its infrastructure assets to an acceptable level.

 

2013-14 Financial Grant Calculations

 

The correspondence (as attached to this report) details the FAG calculations for the 2013-14 period including:

 

1.   The measures used in the calculation of our FAG’s;

2.   Explains how the revenue and expenditure allowances are calculated, and used in the FAG determination process; and

3.   Provides background information relating to what each expenditure disability factor recognises, the measures used, their source, the standards (state averages) and weightings.

 

The current method of allocating resources is based on a sophisticated mechanism of scoring each Council dependent on a large number of factors. Following a detailed explanation of this method by representatives from the Local Government Grants Commission, it was evident that there is no scope for us to impact the changing of the funding model in the short term, however it is clear that the overall funding model for local government is in need of detailed review in order to ensure that Local Government is funded appropriately into the future.

 

Special Submission

 

The Grant Commission have also provided an opportunity for Council to submit a special submission to present information on the financial impact of any inherent expenditure disabilities beyond its control that are generally not recognised in the current methodology. Whilst the Council already receives a disability for additional street and gutter cleaning, on review there is currently no intention to submit any additional special submissions. 

 

Options

 

This report is for information purposes only.

 

Community Engagement & Internal Consultation

 

There has been consultation with the following:

 

-     General Manager,

-     Director Commercial Services & Industry Engagement,

-     Group Manager Financial Services,

-     Finance & Governance Portfolio Councillors,

-     Local Government Grants Commission.

 

Planning & Policy Implications

 

There are no direct planning or policy implications as a result of this report.

 

Financial & Economic Implications

 

This report outlines calculations relevant to Council’s Financial Assistance Grants based on a sophisticated state wide scoring mechanism. There is no opportunity for Council to alter the funding model or level of funding with the Local Government Grants Commission.  Whilst the amount received has a direct financial or economic implication to the Council’s funding sources, there is no direct financial or economic implication as a result of this report.

 

 

Attachments

 

1.       Local Government Grants Commission Correspondence dated 17 October 2013

 


Description: Governance Strap.jpgDescription: Governance Strap.jpgAGENDA                                                                                Ordinary Council

                                                                                                                      18/12/2013

 

 

Item:          08.09

 

Subject:     Organisational Support for the Procurement Strategy

Presented by:  Commercial Services & Industry Engagement, Craig Swift-McNair

 

 

Alignment with Delivery Program

 

1.5.4  Use procurement, tendering and purchasing approaches that provide best value to the community.

 

 

 

RECOMMENDATION

 

That Council:

1.       Note the information contained in this report relating to how organisational support for the Procurement Strategy will be implemented and managed.

2.       Include in the General Managers performance management plan for the remainder of 2013-2014 and for financial year 2014-2015 the following measures relating to the Procurement Strategy:

-        Ensure that all employees are aware of and comply with Council’s procurement policy and procedures.

 

 

Executive Summary

 

The purpose of this report is to inform Councillors and the community on how the Council organisation will be encouraged to support the recently adopted Procurement Strategy. At the 18 September 2013 Ordinary Council meeting, Council resolved the following:

 

RESOLVED: Hawkins/Roberts

 

That Council:

 

1. Endorse the Procurement Strategy as detailed in this report.

2. Approve the appointment of two (2) x Procurement Officers on a contract basis for a period of two (2) years (as detailed in the Procurement Strategy), to be initially funded across each fund of Council i.e. General, Water, Sewer & Waste, with a view to the roles becoming self-funding from savings achieved through the implementation of the Procurement Strategy.

3. Request that, commencing April 2014, the General Manager table a report at future Council meetings, at quarterly intervals, detailing progress made against the action plan as detailed in the Procurement Strategy, including savings and efficiencies achieved.

4. Request that at the December 2013 Council Meeting, the General Manager advise how effective organisational support for the procurement strategy can be encouraged and incorporated into Group Managers’, Directors’ and the General Manager’s performance measurement plans for the remainder of the 2013-2014 year and into the 2014-2015 financial year.

 

CARRIED: 8/1

FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Roberts and Turner

AGAINST: Sargeant

 

This report is focussed on responding to the fourth resolution as detailed above.

 

Discussion

 

By way of background in relation to why a procurement strategy was developed, following are some extracts from the 18 September 2013 report to Council detailing key information relating to the procurement strategy:

 

In recognising the critical importance of procurement and the impact that improved procurement processes can have on the organisation from an efficiency and financial perspective, the development of a comprehensive procurement strategy was commenced in March 2013 and was formally adopted by Council in September 2013. A copy of the strategy is attached to this report for information.

 

The Procurement Strategy forms part of Port Macquarie-Hastings Councils (PMHC) approach to delivering and supporting the Council’s objectives as detailed in the Community Strategic Plan, the four (4) year Delivery Program and the annual Operational Plans under the Integrated Planning & Reporting (IPR) framework. The Procurement Strategy sets out how we will approach procurement into the future, whilst reaping significant benefits from a more coordinated approach.

 

Through the adoption of the Procurement Strategy, Council aims to achieve a more consistent organisation-wide approach to procurement. The organisation will need to rely on developed procurement skills to understand specific supply markets, to inform the decision-making process and to be able to implement relevant procurement decisions. Improved procurement planning will become part of Council’s overall business planning process along with financial and operational plan development.

 

To implement this Procurement Strategy will require a new flexible operating model based on improved engagement and more effective planning of organisation-wide procurement activity.

 

As detailed above, the implementation of the procurement strategy will only succeed if there is organisation-wide support for the strategy. The above-mentioned fourth resolution of Council from the 18 September Council meeting aims to ensure that organisation-wide support is indeed incorporated into management’s performance management plans.

 

From a performance management perspective, the majority of Council staff are subject to some level of performance management depending on their role. In relation to who determines the performance measures for staff, please see the following details:

 

-     Councillors determine annually the performance measures for the General Manager;

-     The General Manager determines annually the performance measures for the Directors;

-     The Directors determine annually the performance measures for the Group Managers and

-     The Group Managers determine annually the performance measures for their staff.

 

In light of the above, it is appropriate that Councillors determine performance measures for the General Manager as detailed in the recommendation included in this report. The General Manager will then ensure that there is organisation-wide support for and compliance with the procurement strategy through various performance measures that will be cascaded through the rest of the organisation.

 

It should be stated that part of the 18 September 2013 Council resolution related to quarterly reports coming back to Council from April 2014 on progress against the procurement strategy implementation plan. It is through these reports that Councillors and the community will be able to gauge progress against the original objectives and actions of the procurement strategy.

 

It should also be stated that every Council employee has an obligation under the Code of Conduct to comply with all Council policies & procedures and this of course will include compliance with the relevant procurement policies and procedures.

 

The Commercial Services & Industry Engagement division will be responsible for monitoring and measuring the compliance requirements of the procurement strategy into the future. The General Manager, Directors and Group Managers will be responsible for maintaining compliance with the objectives, actions and processes flowing from the implementation of the procurement strategy.

 

Options

 

Council has the option of adopting the recommendation as included in this report or not accepting same.

 

Community Engagement & Internal Consultation

 

-     General Manager;

-     Directors.

 

Planning & Policy Implications

 

There are policy implications associated with the implementation of the procurement strategy, noting that one of the key actions from the strategy is a review of all procurement related policies, which will take place in early 2014.

 

The review of procurement related policies will lead to improved internal processes relating to procurement. Any changes in procurement policies and procedures will be communicated to all staff through a range of training mediums including fact sheets and video tutorials.

 

Financial & Economic Implications

 

Financial Implications:

 

There are no direct financial implications as a result of this report. However as previously reported to Council, the key objective of the procurement strategy is to maximise savings across Council’s procurement spend. Each year Council spends between $35 million & $50 million procuring goods and services, therefore a 5% saving would equate to a value of between $1.75 million & $2.5 million per annum based on the current estimated spend, hence it is critical that there is organisation-wide support for the implementation of the procurement strategy.

 

Economic Implications:

 

As detailed in the September 2013 report to Council, economic & industry development is one of the key objectives of the procurement strategy. Council has the task of balancing the immediate needs of the community (i.e. low cost and high service) against the needs of the long term economic sustainability of the community and industries required to support competition in local markets.

 

Council must play a leadership role in local economic development and as such it has a responsibility to work with and educate local suppliers in an effort to improve and increase their ability to be able to tender for local government work, not just in the Port Macquarie-Hastings local government area, but throughout the region and NSW.

 

An education campaign is currently being developed that will provide an opportunity for local suppliers to learn more about Council’s approach to procurement, including how to tender for the provision of goods and services to local government. It is anticipated that this education campaign will be ready to be rolled out in early 2014.

 

 

Attachments

 

Nil

 


Description: Governance Strap.jpgDescription: Governance Strap.jpgAGENDA                                                                                Ordinary Council

                                                                                                                      18/12/2013

 

 

Item:          08.10

 

Subject:     Glasshouse Sub-Committee

Presented by:  Commercial Services & Industry Engagement, Craig Swift-McNair

 

 

Alignment with Delivery Program

 

1.2.1  Provide effective leadership that supports the community.

 

 

 

RECOMMENDATION

 

That Council:

1.       Note the amendments made to the Glasshouse Sub-Committee Charter and adopt the revised Charter.

2.       Appoint the following people as independent members of the Glasshouse Sub-Committee for a twenty-four (24) month term commencing from the first meeting date of the Glasshouse Sub-Committee:

-       -    Mr Adam Button

-       -    Ms Moira Magrath

-       -    Mr William Grubb

-       -    Dr Jennifer Hutchison 

3.       In writing, formally advise all persons who submitted an expression of interest to join the Glasshouse Sub-Committee of the outcome.

4.       Disband the Regional Gallery Advisory Board. 

-                

 

Executive Summary

 

At Council’s Ordinary Council Meeting held on 16 October 2013, Council resolved to establish a Glasshouse Sub-Committee. 

 

The purpose of this report is to recommend independent members to the Glasshouse Sub-Committee following a recent Expression of Interest (EOI) process and disband the Regional Gallery Advisory Board. 

 

Discussion

 

At an Ordinary meeting of Council held on the 16 October 2013, the following Council resolution was adopted in relation to a report on the establishment of a Glasshouse Sub-Committee (GSC):

 

That Council:

1.       Establish a Sub-Committee of Council titled the Glasshouse Sub-Committee.

2.       Endorse the Glasshouse Sub-Committee Charter as attached to this Notice of Motion, with the community members increased up to five (5) members.

3.       Call for public Expressions of Interest from independent, community members for membership of the Glasshouse Sub-Committee, in line with the Glasshouse Sub-Committee Charter.

4.       Request the General Manager to report back to the December 2013 Council Meeting with the results and evaluation of the public Expression of Interest for consideration by Council.

 

The GSC will provide a forum in which all aspects of the Glasshouse’s current and future operations can be discussed, debated, planned, progressed, monitored and measured.  The GSC will progress actions consistent with ensuring the long-term sustainability of the Glasshouse and economic and social benefit to the broader community. 

 

The key objectives of the GSC are as follows:

 

Short-term (within 3 months):

 

-     Develop and recommend to Council a Strategic Business Plan for the Glasshouse.

-     Develop and prioritise strategic actions associated with the Glasshouse Strategic Business Plan.

-     Develop a process for determining which services and functions of the Glasshouse will be provided into the future, giving due consideration to relevant data, including the budgetary position of the Glasshouse, to ensure the broader economic and social benefits to the community are retained.

 

Ongoing objectives:

 

-     Monitor and measure the implementation of the adopted Glasshouse Strategic Business Plan through performance measures agreed upon and included in the business plan.

-     Make recommendations to Council that would identify new opportunities and continuously improve the ongoing operations, social and economic benefits to council and the community and overall sustainability of the Glasshouse.

-     Proactively engage with other relevant Councillor Portfolios, industry and community groups and relevant specialist consultants where required.

 

In light of the establishment of the GSC, it is recommended that the Regional Gallery Advisory Board be disbanded, as the GSC, amongst other duties, will advise Council in matters relating to the management, development and promotion of the Port Macquarie Regional Gallery. It is anticipated that the GSC will first meet in February 2014. 

 

The Glasshouse Sub-Committee Charter was adopted at the Ordinary Council Meeting held on the 16th October 2013.  The following changes have been made to the Charter:

 

1.   Item 3.0 Membership - remove Mayor & Glasshouse Portfolio Chairperson and add two (2) Councillors;

2.   Item 3.0 Membership - change to the PMHC Members - removal of the General Manager;

3.   Item 3.0 Membership - increase in the number of independent members from “three (3)” to “up to five (5) independent members”; and

4.   Item 7.0 Administrative Arrangements - Meetings will commence in February 2014. 

 

Furthermore, in light of the above-mentioned key strategic theme it is proposed that four (4) eligible community members be appointed to the GSC who have a demonstrated background and/or skills in key focus areas relevant to ensuring a positive and sustainable future for the Glasshouse and its Strategic Direction as outlined in the Charter.

 

Following the above-mentioned Council resolution, an Expression of Interest (EOI) was developed and first advertised on Friday, 8th November 2013 and closed on Thursday, 28th November 2013. The EOI stated that there would be four (4) independent external members appointed to the GSC.

 

The EOI was advertised in all local papers and EOI documents were available for downloading via Council’s e-tendering web site. EOI information was also included in an e-news alert. A copy of the EOI document is attached to this report for information.

 

At the closing time and date of submissions, seven (7) submissions from the following people had been received (shown here in no particular order):

 

·   Gavin Crichton;

·   Jonathan Peebles;

·   W.M. Grubb;

·   Anne Phillips;

·   Jennifer Hutchison;

·   Moira Magrath;

·   Adam Button;

-        

An EOI evaluation panel was established and included the following Council Officers:

 

·   Acting Procurement Co-ordinator;

·   Director Commercial Services & Industry Engagement; and

·   Group Manager Commercial & Business Services. 

 

Evaluation of the EOI submissions took place on the 2nd December 2013. All seven (7) submissions received were evaluated against the assessment criteria outlined in the EOI including understanding and/or qualifications across the areas of finance, governance, arts, culture, entertainment, change management and strategic business planning. Two (2) applicants were selected based on skills and experience in arts and culture; and Two (2) applicants were selected based on business skills and experience including finance, governance, change management and strategic business planning (noting that one of these applicants also demonstrated skills in Tourism). It was considered by the evaluation panel that the four (4) applicants selected collectively provide balanced coverage across all assessment criteria and hence these four (4) persons are listed in the recommendation in this report.

 

Please refer to the confidential spreadsheet titled “Confidential Attachment EOI-13-08 - Independent Members of the Glasshouse Sub-Committee - Evaluation Master” which details the final evaluation scores for the tenders as determined by the Evaluation Panel. This analysis contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.  Local Government Act 1993 – Section 10A(2(c)).

 

Options

 

Council has the option of accepting the recommended appointees to the GSC or not accepting same.

 

Community Engagement & Internal Consultation

 

Consultation on the development of this report has taken place with the following:

 

·       General Manager;

·       Director, Commercial Services & Industry Engagement; and

·       Group Manager Commercial & Business Services;

 

Planning & Policy Implications

 

There are no direct planning or policy implications as a result of this report, however the establishment of the GSC will be tasked with developing, within a Strategic Business Plan, a range of prioritised actions and also a method (matrix) of determining future functions and services of the Glasshouse.

 

Financial & Economic Implications

 

There are no direct financial and / or economic implications as a result of this report.

 

 

Attachments

 

1.       EOI - Independent Members of the Glasshouse

2.       EOI-13-08 Independent Member of the Glasshouse Sub-Committee Evaluation (Confidential)

3.       Revised Glasshouse Sub-Committee Charter

 


Description: Governance Strap.jpgDescription: Governance Strap.jpgAGENDA                                                                                Ordinary Council

                                                                                                                      18/12/2013

 

 

Item:          08.11

 

Subject:     2013 - 2014 Operational Plan Quarterly Progress Report

Presented by: Community & Organisational Development, Lesley Atkinson

 

 

Alignment with Delivery Program

 

1.4.1  Comply with Local Government legislation, policies and agreed standards and communicate the impacts of this to the community.

 

 at

 

RECOMMENDATION

 

That Council note the attached 2013 - 2014 Operational Plan Performance Report for the July - September quarter.

 

 

Executive Summary

 

Each quarter, a report is presented to Council which outlines progress in implementing the annual Operational Plan.  This performance report outlines progress against the performance target for each activity with appropriate commentary on performance or otherwise.  At the August 2013 Ordinary Council meeting, Council requested that particular focus be given to commentary on activities that were not on target. 

 

This report provides some performance highlights for the July - September 2013 quarter as well as specific examples of activities that are not meeting targets with appropriate explanation.  These are grouped under the four focus areas and the guiding principle of the Towards 2030 Community Strategic Plan.  For this quarter 84% of performance measures are classed as being on target.

 

In future, it is proposed to incorporate information on the budget and major projects in this quarterly performance report.  This will enable an overall assessment of the total performance of Councils’ operations in one report.

 

Discussion

 

This is the first quarterly performance report of the 2013 - 2014 Operational Plan which supports the delivery of the 2013 - 2017 Delivery Program.  It outlines the progress of outputs against actions/activities at the Operational Plan level.  Under the Local Government Act (1993) there is a requirement that a separate report be provided to Council on progress in implementing the Delivery Program on a six monthly basis.  This will be presented to the Ordinary Council Meeting in March 2014.

 

This report also outlines major performance highlights for the quarter and specific information on performance measures that are behind schedule or for which data is not available at this time.  The detailed commentary against all operational plan items is attached to this report.  Feedback provided has suggested that while some members of the community wish to be able to access the detailed information, others would prefer an “overview” style version with the ability to drill down for more detail as required.  This report reflects this approach.

 

This report separates performance measures into two broad categories:

(a)  on target, including those items yet to commence but considered to be on track; and

(b)  behind schedule, including those items not yet commenced and considered to be at risk or for which data is not available.

This differentiation requires some judgements about how particular items are progressing and a relatively conservative approach has been adopted given this is the first quarter of the 2013 - 2014 Operational Plan.

 

In the first quarter of the 2013 - 2014 Operational Plan 84% of performance measures are classed as being on target.  16% are classed as being behind schedule.  Given this relates to the July - September  2013 quarter, in many cases remediation has already commenced to address those that are behind schedule.  As previously requested by Council, additional detail is contained in the body of this report on those items that are classed as being behind schedule.

 

Focus Area

Total Performance Measures

12f7000ab59949a2881e366c4a5c24c9

%

dfe1f0271586463da87dcd3d4fbe8ac2

%

Ensuring good governance

65

56

86% 

14%

Looking after our people

92

87

94% 

5

6%

Helping our community prosper

27

17

63%

10

37%

Looking after our environment

35

26

75% 

9

25%  

Planning and providing our infrastructure

42

32 

76%

10

24% 

Total

261

218

84% 

43

16%

 

Legend

Indicator

On target

12f7000ab59949a2881e366c4a5c24c9

Behind schedule or data not available 

dfe1f0271586463da87dcd3d4fbe8ac2

 

Guiding Principle - Ensuring good governance:

 

Table summarising the total number of performance measures categorised by achievement.  July - September 2013

 

 

Total Performance Measures

On Target

%

Not on Target

%

July - Sept 2013

 65

 56

86

 9

14

 

Highlights for the quarter included:

·    Improvements in the efficient processing of Development Applications, Construction Certificates and Complying Development Certificates;

·    A large range of engagement activities with the community occurred including North Shore Ferry Service Review, Biodiversity Strategy, Wauchope alternate town centre route;

·    Good progress in implementing the business process improvement initiative; and

·    Continuing use of a wide variety of communications channels with particular good penetration of social media.

 

Analysis of the actions that are behind schedule reveals:

 

Operational Plan Activity
2013 - 2014

Lead
Responsibility

Success Measures

Annual
Target

YTD Actual
July-Sept 13

Comment on Progress

1.2.1.1 Implement the Councillor Training plan

Governance & Executive Services

>75% overall attendance by Councillors to training proposed

75%

0%

Not available. Councillor Professional Development Program in draft form,

1.5.1.1 Customer Service Centre and Call Centre to deliver high quality client interactions by phone and at counter

Community Engagement & Planning

Standard of Service targets are to be measured on a quarterly basis

75%

72%

Not achieved. During the July - September period, staff shortages together with training of new staff have impacted the ability to achieve target. As they build up experience, performance is expected to improve over time.

1.5.1.3 Implement the Customer Experience Charter and customer service policy in responding to customer inquiries by correspondence

Community Engagement & Planning

Correspondence dealt with in 10 working days

100%

0%

Not available. Information on this measure is unable to be obtained at this stage. This is being further assessed.

1.5.1.4 Implement the Customer Experience Charter and customer service policy in responding to customer inquiry phone calls

Community Engagement & Planning

Telephone inquiries responded to within one working day *

100%

0%

Not available. Information on this measure is unable to be obtained at this stage. This is being further assessed.

1.5.2.2 Support the delivery of Council's services through access to technology that supports the efficient and effective execution of business processes and decision making

Information, Communications and Technology

Define service levels for existing services

100%

0%

Behind schedule. Work has commenced and is expected to be completed in November.

 

 

Service levels to be measured on quarterly basis

75%

0%

Not available. The measurement of service levels will only begin after the service levels are agreed.

1.5.2.3 Capture, manage, retain and dispose of corporate information

Information, Communications and Technology

Number of unique files requests

2,000#

306#

Behind schedule, due to the uptake of TRIM, the level of file requests for paper based records is below expectations.

1.5.4.1 Complete review of Local Government Procurement Tender Toolbox and its application at Port Macquarie-Hastings Council

Financial Services

Review of the Local Government Procurement Tender Toolbox review completed

100%

0%

Not achieved. This has been replaced by the adoption of a Procurement Strategy which was adopted in September 2013.

1.5.5.1 Review the Corporate Risk Register on quarterly basis

Governance & Executive Services

Review the risk register on a quarterly basis and report to the Audit Committee

4#

0#

Behind schedule. The Risk Register underwent realignment to the recently adopted organisational structure, due to this a quarterly review has not been completed.

 

Focus Area - Looking after our people:

 

Table summarising the total number of performance measures categorised by achievement.  July - September 2013

 

 

Total Performance Measures

On Target

%

Not on Target

%

July - Sept 2013

 92

87

94

5

6

 

Highlights for the quarter included:

·    Meeting the service standards associated with compliance activities for swimming pool inspections, on site sewerage management and public health inspections;

·    Achieving targets of the library circulation (including huge increase in on line downloads at the library), and performing arts and art programs at the Glasshouse;

·    Managing and allocating access to the parks, reserves and sporting fields in accordance with service standards;

·    Continuing to disseminate community information to over 250 community groups;

·    Contribution to a successful NAIDOC week program;

·    Strong focus on working with the community on social issues such as health including mental health, homelessness and access issues; and

·    Delivery of a successful Handa Sister City program. 

 

Analysis of the actions that are behind schedule reveals:

 

 

 

 

 

 

 

Operational Plan Activity
2013 - 2014

Lead
Responsibility

Success Measures

Annual
Target

YTD Actual
July-Sept 13

Comment on Progress

2.1.3.1 Monitor and report on community compliance with development approvals and building standards, including fire and swimming pool safety requirements

Compliance

40 fire safety audit inspections conducted

40#

0#

Not available. No reporting measure in place at this time.

2.1.3.6 Deliver water and sewer services to ensure public health and safety

Water & Sewer

Number of environmental issues relating to the operation of the sewer network reported

0#

1#

Not achieved. Environmental incident (sewage overflow from a rising main) occurred on Wednesday 11 September 2013, at the Dunbogan Bridge, Reid St Laurieton (EPA Incident Number C14280-2013) due to a loosened nut & bolt at the pipe connection coupling caused by vibration from traffic on the bridge. All nuts have been removed and replaced with Nylock Nuts and scheduled maintenance is now in place in ensuring all nuts are secure and tight so that this type of incident does not occur again.

2.4.1.3 Implement the agreed and funded actions from the Disability Discrimination Act Action Plan 2008-2018

Community Development

Annual report of achievements for the previous financial year tabled at a Council meeting

100%

 0%

Behind schedule. The report was delayed due to annual leave and delays in data collection. Report to go to December Council Meeting.

2.8.1.3 Implement strategies to increase revenue streams

Glasshouse

Revenue from external commercial hire ( 10% increase on 2012-2013 )

10%

6%

Not achieved. On a year to date basis for July - September, an overall increase of 6% was achieved.

2.9.2.2 Undertake a review of the mobile library service for rural schools in February 2014

Community Development

Number of loans issued from the van are within 10% circulation figures of previous year

10%

 0%

Not available. The Library van commenced operation in February 2013. Comparable data will be captured and reported from February 2014.

 

Focus Area - Helping our community prosper:

 

Table summarising the total number of performance measures categorised by achievement. July - September 2013

 

 

Total Performance Measures

On Target

%

Not on Target

%

July - Sept 2013

 27

17

63

10

37

 

Highlights for the quarter included:

·    Development of a draft Economic Development Strategy;

·    An increase in revenue for Council businesses; and

·    Completion of the project on the Precinct DCP provisions for Wauchope Town Centre. 

 

Analysis of the actions that are behind schedule reveals:

 

Operational Plan Activity
2013 - 2014

Lead
Responsibility

Success Measures

Annual
Target

YTD Actual
July-Sept 13

Comment on Progress

3.2.3.1 Local Environmental Plan (LEP) and Development Control Plan (DCP) amendments in relation to a business park near Port Macquarie Airport

Strategic Land Use Planning

LEP and DCP amendments in relation to a business park near Port Macquarie Airport completed

100%

4%

Behind Schedule. Preparation of draft Structure Plan on-hold pending finalisation of Airport Masterplan review.

3.2.3.2 LEP and DCP amendments in relation to Birdon Marine Precinct

Strategic Land Use Planning

LEP and DCP amendments in relation to Birdon Marine Precinct completed

100%

43%

Behind Schedule. Awaiting additional information from proponent to prepare Planning Proposal.

3.2.3.3 LEP and DCP amendments in relation to Cassegrain Winery plus associated tourism development

Strategic Land Use Planning

LEP and DCP amendments in relation to Cassegrain Winery plus associated tourism development completed

100%

35%

Behind Schedule. Awaiting landowner input in relation to infrastructure and environmental matters, including proposed planning agreement.

3.2.3.4 Preparation of LEP and DCP provisions for Fernbank Creek Industrial Precinct

Strategic Land Use Planning

Report to Council for adoption

100%

65%

Behind schedule. Awaiting amendments to VPA and signature by proponent prior to progressing Planning Proposal.

3.2.3.5 Preparation of LEP and DCP amendments for core commercial land at Warlters St, Port Macquarie

Strategic Land Use Planning

Report to Council for adoption

100%

80%

Behind schedule. Awaiting additional information from proponent to progress Planning Proposal to finalisation.

3.2.3.6 Preparation of LEP amendment for proposed bulky goods retail site at John Oxley Drive (Wrights Rd), Port Macquarie

Strategic Land Use Planning

Exhibition of draft Plans, review and report to Council for adoption

100%

60%

Behind schedule. Additional traffic modelling completed. Further consultation with RMS required.

3.2.5.1 Develop a Council property portfolio options paper detailing future potential of Council-owned land

Commercial & Business Services

Develop options papers for Council property portfolio's

100%

30%

Behind schedule. Analysis of approximately 70% of the properties has been completed, however further information is required on the remaining 30%. Once this is received an options paper can be finalised.

 

 

Present Council property portfolio options paper to Council

100%

0%

Ongoing. The report to Council is unable to be prepared until issues relating to properties identified so far to be included in the options paper are resolved.

3.2.6.1 DCP amendments to Major Innes Road, Charles Sturt University precinct and the Public Hospital precinct

Strategic Land Use Planning

LEP and DCP amendments in relation to Major Innes Road, Charles Sturt University precinct and the Public Hospital precinct completed

100%

25%

Behind schedule. Requires complex response to draft landfill gas investigation report.

3.5.1.3 Completion of Stage 1  upgrade works at the airport (subject to regulatory approval)

Commercial & Business Services

Airport Stage 1A upgrade works complete

100%

95%

Behind schedule. Works delayed due to a variety of issues, including wet weather.

 

Focus Area - Looking after our environment:

 

Table summarising the total number of performance measures categorised by achievement - July - September 2013

 

 

Total Performance Measures

On Target

%

Not on Target

%

July - Sept 2013

 35

 26

75

 9

25

 

Highlights for the quarter included:

·    Good progress in delivery of the feral animal control activities, riparian restoration works, bushland regeneration and weeds management programs;

·    Completion of the report on projects undertaken as part of the Midwaste Regional Group of Councils; and

·    Development of the tender documents for the new domestic waste collection service.

 

Analysis of the actions that are behind schedule reveals:

 

Operational Plan Activity
2013 - 2014

Lead
Responsibility

Success Measures

Annual
Target

YTD Actual
July-Sept 13

Comment on Progress

4.3.1.1 Meet effluent quality requirements of Environmental Protection Licences (EPL)

Water & Sewer

Compliance with Environmental Protection Licences effluent quality conditions

100%

99%

Not achieved. Slight exceedance for the quarter of total phosphorous and ammonia discharge from the Port Macquarie and Wauchope sewage treatment plants respectively.

4.3.2.1 Extend reclaimed water reticulation network

Water & Sewer

500 meters of extended reclaimed water reticulation network

500#

0#

Not commenced. Currently reviewing reclaimed water strategy to determine future direction for the network, including extent, future works and charging philosophy. Target may not be achieved, dependent on outcome of strategy review.

4.3.4.1 Maintain mandatory water conservation practices to achieve consumption below NSW state benchmark levels

Water & Sewer

Achieve below average water consumption in national performance indicators  (kilolitres based on per property)

155kl

0kl

Not available. Consumption figures to be obtained to report accurately. Currently considering water restrictions across the local government area.

4.4.1.2 Develop and implement alternative waste treatment systems in consultation with the community

Environmental Services

1. Alternative waste treatment system planned

100%

0%

Ongoing. The findings of an Expression of Interest (EOI) for alternative waste treatments (i.e. treatment of red bin waste) identified that the current technologies were costly and had considerable uncertainties around their success. Accordingly Council now only proceeding with organics processing.

4.4.1.3 Implement Commercial and Industrial Education Strategy to encourage source separation of waste

Environmental Services

Percentage increase of commercial and industrial recycling compared to previous year

1%

0%

Ongoing. Compared to relevant 2012 quarter, recycling is below target. This could be due to seasonal variation. Annual figures will provide the most meaningful comparison.

4.4.1.4 Implement resident education program on waste separation

Environmental Services

Percentage increase of household recycling compared to previous year

1%

0%

Ongoing. This quarter the target has not been reached. There is some seasonal variation with greenwaste weights mainly (slightly lower due to a dry season, though commercial cardboard is also down this quarter).

4.7.1.1 Preparation of strategic policy/Koala Plan of Management (KPoM) for Port Macquarie Hastings LGA

Strategic Land Use Planning

Strategic policy/Koala Plan of Management adopted

100%

0%

Behind schedule. Awaiting outcomes of public exhibition of vegetation and koala habitat mapping.

4.7.1.2 Prepare a draft Biodiversity Strategy to determine environmental priorities for conservation and restoration

Environmental Services

Biodiversity Strategy draft prepared

100%

0%

Behind schedule. Awaiting outcomes of public exhibition of vegetation and koala habitat mapping.

4.7.1.3 Advise and educate residents, industry and community groups on Council’s Tree Management requirements within the Development Control Plan

Recreation & Buildings

Advice on Council’s Tree Management requirements provided in accordance with service standards and industry best practice

100%

78%

Not achieved. Due to a vacancy in the Team, the target could not be achieved.

 

Focus Area - Planning and providing our infrastructure:

Table summarising the total number of performance measures categorised by achievement - July - September 2013

 

 

Total Performance Measures

On Target

%

Not on Target

%

July - Sept 2013

 42

32

76

10

24

 

Highlights for the quarter included:

·    Good progress in the maintenance programs for sealed and unsealed roads, parks, water supply and sewerage assets, roadside vegetation and furnishings;

·    Road safety and Street lighting activities are on target; and

·    NATA accreditation maintained by the Laboratory.  The Laboratory also performed all sampling in accordance with approved budget.

 

Analysis of the actions that are behind schedule reveals:

 

Operational Plan Activity
2013 - 2014

Lead
Responsibility

Success Measures

Annual
Target

YTD Actual
July-Sept 13

Comment on Progress

5.1.1.1 Deliver preconstruction activities for road and transport assets in line with the 2014 - 2015 delivery program

Transport Network Management, Infrastructure Projects

Designs completed for road and transport assets approved programs

100%

12%

Behind schedule. Pre construction/planning and design works ongoing. Projects include Comboyne Road Wire Barrier replacement, Lighthouse Road Upgrade Matthew Flinders Drive to Pacific Drive, Hasting River Drive. Various projects including: Newport Island Road roundabout, Park to Aston Street and preliminary planning for the Gordon to Park Street rehabilitation. Kooloonbung Creek Foreshore between Gordon and Buller Street, Loggy Creek Bridge on Pembroke Road and the replacement bridge on the Forbes River Road following the natural disasters in early 2013. Design works completed on Hastings River Drive/Boundary Street signalization.

5.1.1.2 Undertake the construction of road and transport assets in line with the 2013 - 2014 capital works program

Infrastructure Projects

Each project is reported on individually on a quarterly basis in the Capital Works Report

100%

15%

Behind schedule. Pre construction/planning and design works ongoing ahead of construction. Construction works include: Kooloonbung Creek pedestrian bridge and Town Centre Masterplan paver band repairs. Works commenced on the Yarranabee Road footpath replacement and Laurieton cenotaph kerb and guttering works. Some projects remain at risk of not being completed within reporting period including the Stingray Creek Bridge.

5.3.1.1 Deliver preconstruction activities for open space and recreational assets in line with the 2014 - 2015 delivery program

Infrastructure Projects, Recreation & Buildings

Designs completed for open space and recreational assets approved programs

100%

 6%

Behind schedule. Limited designs completed for the period.

5.3.1.2 Undertake the construction & upgrade of existing open spaces and recreational facilities in line with the 2013-2014 capital works program

Infrastructure Projects, Recreation & Buildings

Each project is reported on individually on a quarterly basis in the Capital Works report

100%

7%

Behind schedule. Pre construction/planning and design works ongoing ahead of construction. Construction works continued on Innes Peninsula local park and Town beach north footpaths project. Some projects remain at risk of not being completed within reporting period due to design readiness, including North haven Community Hall, Port Macquarie Historic Cemetery, Town Green master plan works, Town Beach public amenities (north).

5.4.1.2 Monitor development activity and the availability of suitable land for major development types

Strategic Land Use Planning

Data provided to DP&I and communicated to Port Macquarie-Hastings community

100%

15%

Behind schedule. Preparing data for submission to Australian Bureau of Statistics in early October.

5.4.1.5 Preparation of LEP and DCP amendments for the South Lindfield urban releases area

 

Exhibition of draft plans, review and report to Council for adoption

100%

5%

Behind Schedule. Awaiting input from landowner consultant.

5.4.3.1 Undertake staged review of the Port Macquarie Hastings Local Environmental Plan (LEP) 2011

Strategic Land Use Planning

Staged LEP amendment completed

100%

10%

Behind schedule. Report deferred to provide briefing for Council. This has provided an opportunity to add 4 additional items.

5.5.1.2 Undertake the construction of water supply assets in line with the 2013 - 2014 capital works program

Infrastructure Projects, Water & Sewer

Each project is reported on individually on a quarterly basis in the Capital Works report

100%

0%

Behind schedule. Pre construction/planning and design works ongoing ahead of construction. No Construction works commenced in the July to September period. Some projects remain at risk of not being completed within reporting period due to design readiness, Southern Arm trunk Main and the 200mm Dunbogan Tip Road watermain.

5.5.3.2 Undertake the construction of sewerage assets in line with the 2013 - 2014 capital works program

Infrastructure Projects, Water & Sewer

Each project is reported on individually on a quarterly basis in the Capital Works report.

100%

 20%

Behind schedule. Pre construction/planning and design works ongoing ahead of construction. Construction works were completed in September on the Kew/Kendall Pump Station access project and continued on the Beechwood Small towns Sewerage Scheme. The Dunbogan Tip road sewer rising main remains at risk of being incomplete at the end of the reporting period due to design and approvals readiness.

5.5.6.1 Deliver preconstruction activities for stormwater assets in line with the 2014 - 2015 delivery program

Transport Network Management, Infrastructure Projects

Designs for preconstruction activities for stormwater assets completed for approved programs

100%

21%

Behind schedule. Pre construction/planning and design works ongoing. Projects include North Shore Drive Drainage improvements.

 

Options

 

Council may seek additional information on the performance report.

 

Community Engagement & Internal Consultation

 

The following staff have been consulted in the development of this report:

 

·    General Manager

·    Directors

·    Group Managers

 

Planning & Policy Implications

 

The report on progress in achievements against the 2013 - 2107 Delivery Program will be presented to the March 2014 Council meeting.

 

Financial & Economic Implications

 

The July - September 2013 Quarterly Budget Review Statement was presented to the  October 2013 Council Meeting.

 

 

Attachments

 

1.       2013 - 2017 Delivery Program and 2013 - 2014 Operational Plan Quarterly Report as at 30 September 2013

 


Description: Governance Strap.jpgDescription: Governance Strap.jpgAGENDA                                                                                Ordinary Council

                                                                                                                      18/12/2013

 

 

Item:          08.12

 

Subject:     2013 - 2014 Operational Plan Modifications

Presented by:  Community & Organisational Development, Lesley Atkinson

 

 

Alignment with Delivery Program

 

1.1.1  Use a variety of tools to engage with the community in a manner that is transparent, effective, relevant and inclusive.

 

 

 

RECOMMENDATION

 

That Council adopt changes to the 2013 - 2014 Operational Plan actions as detailed in this report.

 

 

Executive Summary

 

The purpose of this report is to seek Council’s endorsement to modify the 2013 - 2014 Operational Plan.

 

There is a need to delete Operational Plan action item 4.4.1.2 as this action will not proceed given the costs and uncertain benefits at this time.

 

Discussion

 

Following an Expression of Interest (EOI) process on alternative waste treatments, that is, treatment of red bin waste, it was determined that the current technologies were costly and that there were a number of uncertainties as to whether they would be successful.  A briefing was presented to the Councillors in June 2013 who agreed to only continue with organics processing.

 

The 2013 - 2014 Operational Plan had already included this action item to develop and implement alternative waste treatment systems.  Accordingly, the Operational Plan requires modification  to reflect the results of the earlier decision, given this work will now not proceed.

 

The following item should be deleted from the 2013 - 2014 Operational Plan:

 

OP Ref

Action description

Lead responsibility

Success measure

Target

4.4.1.2

 

 

 

4.4.1.2 Develop and implement alternative waste treatment systems in consultation with the community

Environmental Services

Alternative waste treatment system planned

by 31 December 2013

 

 

 

Options

 

To not adopt this recommendation would mean that the action would remain current but would not be progressed.

 

Community Engagement & Internal Consultation

 

Internal engagement has occurred with the Executive about this item.  In addition a Councillor briefing was held on the 12 June 2013 to present the expressions of interest findings on the alternative waste treatments (ie treatment of red bin waste).

 

Planning & Policy Implications

 

The proposed 2013 - 2014 Operational Plan modification will make it transparent to the community that this action will not be progressed by Council.

 

Financial & Economic Implications

 

There is no financial implication to the 2013 - 2014 Operational budget as a result of this modification as no budget had been allocated in this financial year.  If the project had proceeded, tenders would have been called this year and a budget included for next financial year.

 

 

Attachments

 

Nil

 

 


Description: Corner Art People.jpgAGENDA                                                                                Ordinary Council

Description: Governance Strap.jpg                                                                                                                      18/12/2013

 

What are we trying to achieve?

Our social infrastructure and community programs create a healthy, inclusive and vibrant community.

 

 
 

 

 

 

 

 

 

 


What will the result be?

·         Community hubs which provide access to services and social connections.

·         Services that support an ageing community to live in a way that they desire.

·         Available and accessible preventative health and medical services.

·         A safe, caring and connected community.

·         A healthy and active community that is supported by recreational infrastructure

·         A strong community that is able to identify and address social issues.

·         Community participation in events, programs, festivals and activities.

 

How do we get there?

2.1  Create an environment and culture that allows the Port Macquarie-Hastings community to feel safe.

2.2  Provide young people with a range of leisure activities and opportunities for personal development.

2.3  Provide medical and social services for all members of the community.

2.4  Develop partnerships within the community to build on existing strengths and improve areas of social disadvantage.

2.5  Create events and activities that promote interaction and education.

2.6  Provide social and community infrastructure and services.

2.7  Empower the community to be active and involved in community life.

2.8  Promote cultural and artistic expression.

2.9  Promote a healthy lifestyle through education, support networks and facilities.


AGENDA                                                                                Ordinary Council

Description: Governance Strap.jpg                                                                                                                      18/12/2013

 

 

Item:          09.01

 

Subject:     Donations Towards Building and Development Applications Fees for Charitable and Non-Profit Organisations

Presented by:  Commercial Services & Industry Engagement, Craig Swift-McNair

 

 

Alignment with Delivery Program

 

2.7.1  Encourage and build capacity for community groups to be active, successful and sustainable and support growth of volunteer base.

 

 

 

RECOMMENDATION

 

That Council:

1.       Approve the donations for reimbursement of Development Application fees as detailed in the report.

2.       Delegate to the General Manager the authority to approve reimbursements to charitable and non-profit organisations in line with Council’s Policy.

 

 

Executive Summary

 

Under the policy “Providing Funding and Support to the Community” Policy, Council is able to provide assistance by way of donation towards Development Applications and Lease fees incurred by the applicants.

 

Discussion

 

Eligible applicants are required to complete an application form stating the purpose for which the development will be used and the on-going benefits to the community.  The following applications have been received for consideration:

 

Applicant

Purpose

Community Benefits

Eligible fees paid under the policy

Hastings Mens Shed

To construct a fly and vermin proof meal area which will also double as a meeting and conference room.

As not all participants construct, this will provide an area to allow for reading, games, discussions and cooking classes

$1,005.00

Mid North Coast Maritime Museum Inc

Project to enable the provision of a safer environment with easier access for people with disabilities etc.

Seniors, disabled, school children and all other visitors will benefit from a safer and easier access

$341.00

Hastings Senior Citizens Home Inc

Project to provide low cost housing for the aged. 

Project will provide availability of low cost housing for aged married couples in the Wauchope area

$3,207.00

Hastings Senior Citizens Home Inc

Project to provide low cost housing for the aged. 

Project will provide availability of low cost housing for aged married couples in the Wauchope area

$3,584.00

Total:

 

 

$8,137.00

 

The above applications meet the criteria for reimbursement and it is recommended that they be approved by council.

 

Feedback received by eligible applicants suggests that the current process where applications for reimbursement are assess annually is not flexible enough to meet the cash flow needs of charitable/non profit community organisations. Many of these organisation rely on reimbursement of application fees to assist with project viability and a more timely process for the consideration of applications for reimbursement is appropriate.

 

It is recommended that the General Manager be delegated the authority to approve reimbursement in accordance with the existing Policy to improve the level of service provided to eligible groups and streamline the process generally. Regular monitoring of the budget available to support these reimbursements will be carried out to ensure no adverse financial impacts for Council.

 

Options

 

Council may approve a donation of any amount up to the Development Application fees paid or alternatively, decline any or all of the applications if deemed appropriate.

 

Community Engagement & Internal Consultation

 

Internal consultation has taken place with the Director Commercial Services & Industry Engagement and the Group Manager Financial Services.

 

Planning & Policy Implications

 

The previous policy ‘Waiving of DA fees & Lease fees to Charitable & Non-profit organisations’ was superseded by this policy in July 2013.

 

Financial & Economic Implications

 

The amount proposed of $8,137 is within the current budget allocated for these donations. There are no direct economic implications as a result of this report.

 

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

Description: Governance Strap.jpg                                                                                                                      18/12/2013

 

 

Item:          09.02

 

Subject:     Aboriginal Awareness and Understanding Strategy 2013 - 2017

Presented by:  Community & Organisational Development, Lesley Atkinson

 

 

Alignment with Delivery Program

 

2.4.1  Work with community groups to build capacity on social justice issues.

 

 

 

RECOMMENDATION

 

That Council:

1.       Approve the draft Aboriginal Awareness and Understanding Strategy 2013-2017 for public exhibition in late January 2014 for twenty-eight days.

2.       Include an additional $14,599.00 in the 2014-2015 operating budget to implement the first year of the strategy.

 

 

Executive Summary

 

The Aboriginal Awareness and Understanding Strategy 2013-2017 outlines initiatives aimed at ensuring an increased understanding of the Aboriginal community, culture and history. The strategy encourages the wider community to engage with the Aboriginal community to learn more about:

·    The rich culture that exists here in our community;

·    The Birpai people and the local stories;

·    Cultural events and programs to expand cultural awareness and understanding through the engagement and participation. This will progress Reconciliation in the Port Macquarie-Hastings area; and

·    Enhance the area’s environmental, social and economic qualities for our entire community.

 

Discussion

 

In December 2012 the Aboriginal Reconciliation Action Plan 2008-2012 came to an end of term. At the November 2012 Ordinary Council meeting, Council agreed to proceed with the development of an Aboriginal Reconciliation Strategy 2013-2017.

 

Options

 

Council may seek additional information on the attached strategy.

 

Council may elect not to proceed with the strategic vision and goal of the Aboriginal Awareness and Understanding Strategy 2013-2017.

 

Community Engagement & Internal Consultation

 

Council has engaged extensively with the community including online engagement, face to face meetings with relevant groups and community engagement. This process has provided valuable community input for the strategies development and was conducted through;

·    Port Macquarie-Hastings community through PMHC listening and community engagement during National Reconciliation Week events and the NAIDOC Family fun day 2013

·    Bearlay Aboriginal Interagency Committee

·    Port Macquarie-Hastings Council Aboriginal Reconciliation Reference Group

·    Port Macquarie - Hastings Council Executive Team and

·    Port Macquarie-Hastings Council Senior Leadership Forum

 

The process also included the establishment of the Aboriginal Reconciliation Reference Group, which is chaired by Councillor Levido. The role of this reference group as outlined in the Terms of Reference is to:

·    To develop a draft Aboriginal Reconciliation Strategy 2013 - 2017 for Port Macquarie- Hastings Local Government Area for submission to Council during December 2013;

·    To help promote and increase awareness about the new Aboriginal Reconciliation Strategy;

·    To analyse and recommend key actions in the Strategy’s development;

·    To provide feedback on all community participation processes i.e. content throughout the duration of the strategy’s development;

 

On review of all the data collated through the community participation process the Reference Group identified that the title of the strategy be changed to reflect what the community had said. The new name of the strategy incorporates the community’s vision for Reconciliation in the Port Macquarie- Hastings: Aboriginal Awareness and Understanding Strategy 2013 -2017.

 

The Reference Group developed a strategic goal which reflects the communities view on Reconciliation. Share our Place, Connect our Stories and Walk together as One. The aim of the goal is to increase understanding of the Aboriginal community, culture and a shared history through developing goals in the three distinct areas of: Our Shared Place, Our Connected Stories and Together as One.

 

The reference group assisted in developing the succinct layout of the document so that it would be a helpful yet quick guide on the main goals and visions of Council in relation to improving the awareness and understanding of aboriginal issues in the LGA

 

Accompanying the Aboriginal Awareness and Understanding Strategy 2013 – 2017 is the Planning Resource and Acknowledgment of Country Bookmark. The Planning Resource provides information that can be used when applying for funding, or for future planning of service provision and delivery. It is suggested that all three documents be launched together.

 

Planning & Policy Implications

 

The Aboriginal Reconciliation Action Plan 2008-2012 came to an end of term in December 2012. Currently there is no direction for programs, activities and outcomes for the community until the Aboriginal Awareness and Understanding Strategy 2013 - 2017 is endorsed.

 

Ongoing implementation of the Aboriginal Awareness and Understanding Strategy is incorporated into the 2013/14, 2014/15, 2015/16, 2016/17 Operational Plans.

 

Financial & Economic Implications

 

Through the development of the Strategy a number of actions have been identified and a budget increase will be required for the implementation of the short term, medium and long term actions outlined in the Aboriginal Awareness and Understanding Strategy 2013 - 2017.

 

A breakdown of the proposed costing’s for the short term actions in the strategy have been included below and will need to be adjusted in the 2014/15 budget when the strategy is approved by Council:

 

These actions have been taken directly from the Aboriginal Understanding and Awareness Strategy;

 

In the proposed 2014-15 operating budget there is a total of $10,401.00 with this figure and the cost outline below it would mean an increase to the budget of $14,599.00 to implement the first year of the strategy.

 

                   Action                                                                               Measure

Promotion of Aboriginal resources and programs in Port Macquarie-Hastings Council Libraries including location & signage.

 

Signage included at all Libraries to indicate the Aboriginal collection - Wauchope and Laurieton  -

 

Total cost, supply and install - $2,000

Aboriginal Flag is flown at all Council Administration buildings including Wauchope and Laurieton.

New flags and posts provided at Wauchope and Laurieton Council Offices.

 

Total cost, supply and install - $2,000

 

   Map all interpretative signage.

A master plan of Aboriginal sign locations. This is a review of the current coastal walk and location of significance in the LGA then preparing a brochure/map of the site with interpretive information to inform the community. This would include field work, graphic design and printing -

 

Total cost  design, supply and distribute - $5,000

 

Collate details of all available Aboriginal resources in Port Macquarie-Hastings Local Government Area.

Booklet designed that identifies available resources across the Port Macquarie- Hastings Local Government Area that can assist the Aboriginal community -

 

Total cost for development and printing of booklet - $4,000

 

Promotion of cultural awareness in Port Macquarie-Hastings Council through staff induction training.

Cultural awareness is included into Port Macquarie- Hastings Council staff induction training. Develop an induction package which may include a video, booklet and presentation to assist great understanding within the organisation -

 

 Total cost of development, production and implementation and$5,000

Review the Port Macquarie-Hastings Council Community Grants program to encourage and support Aboriginal community groups to apply for grants in the annual Community Grant program criteria.

Increase in number of applications by local Aboriginal groups for community grants. By encouraging and working with the community about available grant. Developing a specific grant to encourage great understanding and awareness.

 

Total Grant available - $7,000

 

 

Attachments

 

1.       Aboriginal Awareness and Understanding Strategy 2013 -2017 draft version

2.       Aboriginal Awareness and Understanding Strategy 2013-2017 Planning Resource draft version

 


AGENDA                                                                                Ordinary Council

Description: Governance Strap.jpg                                                                                                                      18/12/2013

 

 

Item:          09.03

 

Subject:     Port Macquarie-Hastings Access Sub-Committee Members Appointment

Presented by:  Community & Organisational Development, Lesley Atkinson

 

 

Alignment with Delivery Program

 

1.4.3  Build trust and improve Council’s public reputation through transparency and accountability.

 

 

 

RECOMMENDATION

 

That Council:

1.       Accept the Expressions of Interest for Membership to the Port Macquarie-Hastings Access Sub-Committee received from Ms Elizabeth Rose and Ms Elizabeth Conroy.

2.       Advise Ms Elizabeth Rose and Ms Elizabeth Conroy, in writing, of their appointment as a Community Representative to the Port Macquarie-Hastings Access Sub-Committee.

 

 

Executive Summary

 

In accordance with Council’s Selection Process and Guidelines for Membership on Council’s Committees, Expressions of Interest were called for from residents of the Port Macquarie-Hastings Local Government Area to fill two Community Representative vacancies which currently exist on the Port Macquarie-Hastings Access Sub-Committee.

 

Discussion

 

An advertisement was placed in Council matters in all three local papers calling for Expressions of Interest from members of our local community and forms were also distributed to the Hastings Disability Interagency Network, Council’s libraries and Customer Service Centres. Expressions of Interest were open for a period from 24 July 2013 and closed 26 August 2013.

 

Four (4) completed Expressions of Interest were received.

 

Options

 

That:

1.   More information be provided. 

2.   The recommendation not be approved.

 

Community Engagement & Internal Consultation

 

The four received Expressions of Interest were reported to the Port Macquarie-Hastings Access Sub-Committee at its meeting on 9 September 2013. Discussion took place at the meeting with the Sub-Committee reaching a consensus that Ms Elizabeth Rose and Ms Elizabeth Conroy be invited to attend the next Committee meeting as observers to gain an insight into the Committee and it’s processes.

 

Ms Elizabeth Rose and Ms Elizabeth Conroy attended the 14 October 2013 Port Macquarie-Hastings Access Sub-Committee meeting. The Community Development Officer - Aged & Disability contacted them after the meeting and they both expressed eagerness to join the Sub-Committee.  This was reported to the Port Macquarie-Hastings Access Sub-Committee at its meeting on 11 November 2013. Discussion took place at the meeting with the Sub-Committee reaching a consensus that Ms Elizabeth Rose and Ms Elizabeth Conroy be recommended as appointment as a Community Representative to the Port Macquarie-Hastings Access Sub-Committee.

 

Planning & Policy Implications

 

In accordance with Council’s Selection Process and Guidelines for Membership on Council Committees.

 

Financial & Economic Implications

 

Nil

 

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

Description: Governance Strap.jpg                                                                                                                      18/12/2013

 

 

Item:          09.04

 

Subject:     Disability Discrimination Act (1992) Action Plan 2009-2018 Annual Report

Presented by:  Community & Organisational Development, Lesley Atkinson

 

 

Alignment with Delivery Program

 

2.6.2  Create access to community facilities that allow a range of social, health and wellbeing activities.

 

 

 

RECOMMENDATION

 

That Council:

1.       Note the Annual Report.

2.       Give consideration to the attached DDA Action Plan Budget report and the identified funding gaps.

3.       Proceed with developing a Disability Strategy with achievable actions for the next three years.

4.       Provide additional funds to be available in 2014/15 and subsequent budgets to meet priorities in the Strategy.

 

 

Executive Summary

 

Depending on life’s chances, any one of us could be living with a permanent disability that significantly reduces our ability to independently care for ourselves. On average in Australia 4.6% of the population is diagnosed with a disability. In Port Macquarie-Hastings it is significantly higher with 6.6% of our residents identified as having a disability.

 

Our 4,826 residents with a disability may experience difficulty moving around their locality and in accessing council information, facilities and services. The DDA (1992) Action Plan 2009-2018 aims to remove these barriers to access. A disability friendly LGA also helps our 17,927 older residents enjoy access to our community.

 

The DDA Action Plan is reviewed on a quarterly basis and an annual report submitted to Council. In this way, the initiatives identified in the plan will be monitored. This tracking will assist those responsible for action to develop future plans and identify funding opportunities to realise the delivery of the plan.

 

Disability access to Council services and amenities is a requirement of the law, most notably under the Commonwealth Disability Discrimination Act 1992 (DDA) and the NSW Anti-Discrimination laws.

 

Discussion

 

There is currently limited ability to achieve the DDA Action Plan as the funding allocated is not enough to realise the full extent of actions in the Plan.

However, PMHC has a strong commitment to improving and upgrading its facilities and services and has made significant improvements to disability access, which are noted in this report.

 

Key achievements for 2013 include:

 

·    Purchase and launch of the Town Beach wheelchair;

·    Installation of fluoro yellow strips on the Town Beach staircase for falls prevention;

·    Construction of Lord Street pedestrian refuges;

·    Development of concept plans for Flynn’s Beach Reserve including wheelchair ramp and accessible parking spaces;

·    12 new disability friendly bus shelters;

·    Westport Park all inclusive playground. Council received $50k grant from NSW Government Sport & Recreation for the project with further fundraising being undertaken;

·    Construction of Findlay Park wheelchair accessible toilet and linking pathway;

·    Construction of Lank Bain Sporting Complex wheelchair accessible toilet;

·    Construction of Ferry Reserve wheelchair accessible toilet;

·    Coordination of nine Hastings Access Sub-Committee meetings;

·    Road Safety Officer hosted a NSW Parliamentary Staysafe Committee on non-registered motorised vehicles (mobility scooters);

·    Launch of “Access Friendly Business” with the Access Committee visiting local businesses to promote disability friendly access to premises;

·    Footpaths and kerb ramps construction including Light House Road improvements, two access ramps and 121 m of footpath constructed on Kennedy Drive between Hill and Crisp Street completing the footpath linkage between the Koala Crossing and Hill Street. One ramp constructed in Lord Street at Burrawan Street. Four ramps and 50 m of footpath constructed in Lord Street at the Gordon Street intersection in association with the road rehabilitation and formalisation of the bus stop. 25 m of footpath in Hillcrest and Yarranabee Road, Hastings School;

·    Glasshouse entrance door retrofitted with automatic sensors at wheelchair ramp so entry doors  open automatically;

·    Installation of two new wheelchair accessible seating places at the Glasshouse Auditorium;

·    CreateABILITY art therapy workshops and Exhibition launch by new NSW Minister of Disability and Ageing at the Glasshouse Regional Gallery;

·    Disability Accessible Arts training at the Glasshouse for venue organisers and arts practitioners on how to have a disability friendly venue;

·    Regular Art & Alzheimer’s guiding program at Glasshouse;

·    $21,500 grant received for Yellow Brick Road pilot project - for connecting footpath to Garden Village Retirement to local shops;

·    Rangers monitoring the accessible car parking spaces; Communication materials being available in a wide variety of formats;

·    Additional two disabled parking spaces next to the library installed;

·    $100k grant application submitted for the 2014 Country Passenger Transport Infrastructure Grants Scheme  for  9 x accessible bus shelters seats and tactile ground surface indicators across our LGA; and

·    Celebrating International Day of People with Disability.

 

Need for a Disability Strategy

 

Council has an opportunity to provide civic leadership and develop a Disability Strategy which represents Council’s future direction on disability access and to improve the quality of life now and for future generations of our residents.

 

A Disability Strategy would inform Council’s Operational Plan and complete a suit of documents including our Social Strategy and Reconciliation Strategy.

 

A Disability Strategy would recognise the fundamental right of all citizens of Port Macquarie-Hastings to have the opportunity to participate socially, culturally, economically, physically and politically in the life of their community. The visioning process will give a solid picture of what the people of Port Macquarie-Hastings want our townships and community to be like in 2030.

 

Council can take a leadership role as a key driver in addressing social issues of diversity and social inclusion and promoting these achievements in making our services, activities, facilities and buildings accessible for people with a disability with an aim to making our townships modern, welcoming and accessible.

 

Options

 

1.   That Council ask for further information; or

2.   That Council does not accept this report.

 

Community Engagement & Internal Consultation

 

Input has been obtained from the relevant service delivery Group Managers and Port Macquarie-Hastings Access Sub-Committee.

 

Planning & Policy Implications

 

This activity is consistent with:

·    The PMHC Disability Discrimination Act (1992) Action Plan 2009 - 2018

·    ‘Towards 2030’ 2011-2015 Delivery Program focus area of “Looking after our People”

 

Financial & Economic Implications

 

We are now halfway through the implementation of the ten year DDA Action Plan and progress has steadily been made in the built environment with construction of footpaths, ramps and pedestrian refuges.

 

Council applied for $556,000 Regional Development Australia funding (RDAF) for high priority footpath works, but was unsuccessful.

 

There is $250k planned over the next five years for the implementation of the Pedestrian Plan. However $1.46m is needed to undertake the planned works to 2018, so there is a shortfall of some $1.21m.

 

Major projects which remove barriers to access and need significant State and Federal funding include:

-     Construction of the Home and Community Care Centre HACC Stage 2 at Greenmeadows (seeking $3m with 100% Government funding);

-     Wauchope Aquatic Centre (seeking $3.25m grant with $1.5m Council contribution)

-     Priority footpaths which are community connecting infrastructure

 

 

Attachments

 

1.       2013 Annual Report Disability Action Plan Budget

2.       Request for councils to follow through with new Government Fund applications

 


AGENDA                                                                                Ordinary Council

Description: Governance Strap.jpg                                                                                                                      18/12/2013

 

 

Item:          09.05

 

Subject:     Hastings Youth Advisory Council End of Year Report

Presented by:  Community & Organisational Development, Lesley Atkinson

 

 

Alignment with Delivery Program

 

2.2.1  Build capacity in the community to support young people.

 

 

 

RECOMMENDATION

 

That Council note:

1.       The Port Macquarie-Hastings Youth Advisory Council organised and ran one of the most successful and well attended Youth Week Programs in New South Wales in 2013.

2.       The Port Macquarie-Hastings Youth Advisory Council was a finalist in all three categories of New South Wales State Local Government Awards for the 2013 Youth Week Program.

3.       The Port Macquarie-Hastings Youth Advisory Council won the Best Local Youth Week Program in the New South Wales State Local Government Awards for the 2013 Youth Week Program.

4.       The Port Macquarie- Hastings Youth Advisory Council has updated the Hastings Youth Services Directory turning it into a free smart phone            App to assist young people, parents, teachers, and community members to support young people.

 

 

Executive Summary

 

The Youth Advisory Council has had an exceptionally busy and successful year. A new initiative to provide access to the YAC in regional locations together with an innovative Youth Week program has increased YAC membership in 2013. YAC continues to provide a forum for young people in the LGA to discuss issues and design activities and events to deliver solutions and raise awareness.

 

Discussion

 

The Port Macquarie-Hastings Youth Advisory Council (YAC) is a Committee of Council made up of young people aged between 12 -25 years old living within the Hastings Area.

 

The role of the Hastings Youth Advisory Council (YAC) is to:

-     Promote a positive image of young people aged between 12-25 years;

-     Promote and encourage activities for local young people;

-     Represent local young people and raise issues that are important to them;

-     Provide Port Macquarie-Hastings Council with information on issues, concerns and needs of young people.

 

 

Youth Week

 

The YAC teams, including the sub groups in Wauchope and Laurieton designed, organised and implemented the Port Macquarie-Hastings National Youth Week Program in April 2013.  A copy of the program is attached.

 

The program included over 15 activities and events held throughout the Hastings Local Government Area. The most popular events included the

-     Zombie Hunt and Concert;

-     Youth Homelessness Matters Day events and sleep out on Town Green;

-     3D Chalk art in the Hay Street Forecourt;

-     The Great Hastings Gnome Hunt – held throughout the entire Hastings LGA

-     The Amazing Race –That’s not a Race – held throughout the entire Hastings LGA

 

These events had the highest youth participation numbers in recent years.

 

YAC submitted a report and funding acquittal regarding the Youth Week program to the NSW State Youth Week Office. Port Macquarie-Hastings Council was a finalist in all three categories and won the award for the Best Local Youth Week Program 2013 at the NSW State Local Government Awards.

 

YAC is a forum that allows a range of issues impacting on young people to be discussed with a view of encouraging and supporting young people to develop their own solutions.

 

YAC Planning

 

During the YAC Planning day held in February  this year the group identified a number of gaps in the community concerning young people including:

-     Homelessness

-     Mental Health

-     Access to information related to young people and youth services

-     Lack of safe youth friendly spaces and youth activities within the LGA.

 

YAC Outcomes

 

YAC has been working closely with youth services and community groups on a number of projects throughout the year to address these issues including working with Headspace, the Hastings Youth Workers Network, the Hastings Women and Children’s Refuge, Vinnie’s, the Lions and the Port Macquarie Men’s Shed.

 

YAC members administer and manage a Facebook page with over 300 young people following the page. This is an effective tool utilised by the YAC to promote YAC events, youth services information and community news of interest to young people.

 

Other key steps undertaken during the year included members of the YAC team attending the following conferences;

-     The Luminosity Youth Summit held in Port Macquarie in July;

-     The NSW Youth Advisory Council Conference held in Dubbo in November;

-     The Halogen Foundation Young Leaders Day in Sydney in November.

 

Two YAC members have also had significant involvement in the community alongside their normal YAC roles including;

-     YAC member Aaron Patton taking the role of Youth Chairperson for the Luminosity Youth Summit held in July 2013;

-     YAC member Caitlin Duggan being elected to the NSW Young Peoples Advisory Council (YPAC) the key organisers of the NSW National Youth Week Program. (This is Caitlin’s second year on the YPAC team);

-     Aaron and Caitlin have both been nominated for the NSW Youth Advisory Council. They have gone through the interview process and are excited to hear if they were successful in early February 2014.

 

YAC Initiative

 

YAC raised concerns regarding young people accessing youth services over the summer holidays, highlighting the loss of normal support structures provided through schools, and the increase of family stress levels throughout the Christmas period.

 

The team decided to update and redevelop the 2009 Hastings Youth Services Directory, turning a two page table with very little information on it into a innovative and dynamic smart phone App.

 

The App includes local youth services in the Port Macquarie-Hastings LGA, including emergency numbers, mental and physical health, education and training, accommodation, general support and many more services.

The App also includes national and state help-lines on a range of subjects.

 

The Hastings Youth Directory App will be launched at an end of year Pool Party event aimed at;

-     Celebrating an award winning year for YAC, and the end of exams for young people;

-     Connecting young people with youth services before the school term ends and launching the Hastings Youth Services Directory App; and

-     The beginning the engagement process for the development of the 2014-2017 Port Macquarie Hastings Youth Strategy.

 

Strategic Direction

 

Council with the support of YAC aims to develop a youth specific strategy to p[provide an opportunity to create strong, positive, collaborative and inclusive direction for young people, youth services, and the community. It will direct and focus the actions of the YAC and Council’s Youth Development Officer with a clear plan for the next three years.

 

The YAC team will be a key stakeholder in the engagement of young people, youth services and community in the creation and development of the 2014-2017 Port Macquarie Hastings Youth Strategy.

 

Options

 

Council could seek additional information about the activities of the Youth Advisory Council.

 

Community Engagement & Internal Consultation

 

YAC has discussed and compiled this report.

 

Planning & Policy Implications

 

The Hastings YAC events and projects help to meet the objectives in the Operational Plan, including;

-     programs that encourage participation and engagement for young people;

-     supporting youth focused events;

-     develop and implement a program for National Youth Week.

 

Financial & Economic Implications

 

Nil in relation to this report

 

 

Attachments

 

1.       2013 Youth Week Booklet

2.       Hastings YAC Youth Services Directory

3.       Hastings YAC Youth Services Directory 1

4.       Hastings YAC Youth Services Directory 2

5.       Hastings YAC Youth Services Directory 3

6.       Hastings YAC Youth Services Directory 4

 


AGENDA                                                                                Ordinary Council

Description: Governance Strap.jpg                                                                                                                      18/12/2013

 

 

Item:          09.06

 

Subject:     Recommendations from the Mayor's Sporting Fund Sub-Committee Meeting held on Monday 18 November 2013

Presented by:  Community & Organisational Development, Lesley Atkinson

 

 

Alignment with Delivery Program

 

2.9.1  Provide a range of sporting and recreational opportunities.

 

 

 

 

RECOMMENDATION

 

That Council, pursuant to provisions of Section 356 of the Local Government Act 1993, grant financial assistance from the Mayor’s Sporting Fund to:

1.       Mr Sam Edmonds in the amount of $159.00 (ex GST) to assist with the expenses he would have incurred competing at the PSSA National Athletics Carnival held in Brisbane from 22 November to 29 November 2013 inclusive.

 

 

Executive Summary                         

 

The Mayor’s Sporting Fund Sub-Committee at the meeting held on Monday 18 November 2013, reached consensus on Item 8 (attached) and now submits the above recommendation for Council consideration.

 

 

Attachments

 

1.       Item 08 MSF Minutes 18112013

 

 


AGENDA                                                                                Ordinary Council

Description: Governance Strap.jpg

                                                                                                                      18/12/2013

 

 

What are we trying to achieve?

The Port Macquarie-Hastings region is able to thrive through access to a range of educational, employment and business opportunities.

 

 
 

 

 

 

 

 


What will the result be?

·           Greater availability of educational opportunities.

·           Key business sectors are able to benefit from our natural and existing attributes.

·           Business and industry, training and education facilities sustain our population growth.

·           Increased employment opportunities.

·           An environmentally harmonious and prosperous tourism industry.

·           Widely available communications technology.

 

How do we get there?

3.1  Create opportunities for lie long learning and skill enhancement with the availability of a broad range of education and training facilities.

3.2  Promote and support an increase in business capacity in order to generate ongoing economic growth.

3.3  Expand tourism business opportunities and benefits through collaborative planning and promotion.

3.4  Maximise innovation and economic competitiveness by providing high quality communication technology throughout the Port Macquarie-Hastings region.

3.5  Target and encourage business enterprise by providing favourable business conditions including infrastructure and transport options.


AGENDA                                                                                Ordinary Council

Description: Governance Strap.jpg

                                                                                                                      18/12/2013

 

 

Item:          10.01

 

Subject:     Port Macquarie Airport Master Plan 2010 Addendum Report - Consultation Report

Presented by:  Commercial Services & Industry Engagement, Craig Swift-McNair

 

 

Alignment with Delivery Program

 

3.5.1  Develop, manage and maintain Port Macquarie Airport as a key component of the regional transport network and continue to grow the airport’s contribution to the regional economy.

 

 

 

RECOMMENDATION

 

That Council:

1.       Note the submissions and feedback received during the exhibition of the draft Port Macquarie Airport Master Plan 2010 Addendum Report;

2.       Adopt the Port Macquarie Airport Master Plan 2010 Addendum Report with Option 1 as the preferred short-term / interim development option and Option 2 as the preferred long-term development option, subject to the availability of funding;

3.       Continue to liaise with key stakeholders regarding the future development of Port Macquarie Airport as outlined in the Addendum Report; and

4.       Proceed with further detailed planning, feasibility and environmental investigations in relation to:

-    widening the runway strip and associated obstacle limitation surfaces in accordance with CASA Code 4C aerodrome standards;

-    development of the proposed Airport Precinct business park; and

-    the provision of flood-free road access via a future North-South (Outer) Link Road.

 

 

Executive Summary

 

This report is submitted to Council for consideration of the Port Macquarie Airport Master Plan 2010 Addendum Report (as attached to this report at Attachment 1).  This report provides an overview of the consultation process undertaken and a summary of the submissions and feedback received during the public exhibition of the draft Port Macquarie Airport Master Plan 2010 Addendum Report, which was exhibited in October 2013.

 

Discussion

 

The Master Plan 2010 Addendum Report presents options for the future development of Port Macquarie Airport to underpin the region’s economic development and tourism potential.  The Addendum Report identifies changes required to the adopted Master Plan and potential future development options, taking into account:

·    the Stage 1A airside infrastructure upgrade recently undertaken;

·    changes to aerodrome standards proposed by the Civil Aviation Safety Authority (CASA) since the Master Plan was adopted; and

·    other emerging planning considerations proposed by the Australian Government Department of Infrastructure and Transport since the Master Plan was adopted.

 

In preparing the Addendum Report, consideration has been given to the requirements for:

·    future airline (RPT) operations;

·    future general aviation (GA) activities;

·    commercial property development opportunities; and

·    flood-free road access.

 

At the Ordinary Council meeting held on 18 September 2013, Council resolved to place the Port Macquarie Airport Master Plan 2010 draft Addendum Report on public exhibition for a period of 28 days in order to engage with and seek feedback from the community and key stakeholders on the future development of the Airport” (see Council Report attached to this report at Attachment 2).

 

Accordingly the draft Addendum Report was placed on public exhibition from Friday 4 October 2013 to Friday 1 November 2013.  The exhibition of the Report was published in local newspapers on the following dates:

·    Port Macquarie News             4 and 18 October 2013

·    Camden Haven Courier         9 and 23 October 2013

·    Hastings Gazette                    10 and 24 October 2013

 

The draft Report was made available for download from Council’s website, and copies were also available at Council’s offices at Port Macquarie, Wauchope and Laurieton.

 

Council delivered 2,000 letters to local residents and business operators (including on-Airport businesses) in the vicinity of the Airport advising of the public exhibition period and inviting comment.  The letters were distributed to areas north of the Airport including Hastings River Drive - Hibbard Drive areas, to the east including the Binnacle - Sherwood Road areas, to the south including John Oxley Drive - Lindfield Park - Thrumster areas, and to the west along Fernbank Creek Road.

 

Council also sent copies of the draft Addendum Report to key stakeholders inviting comment, including:

·    Civil Aviation Safety Authority (CASA);

·    Airservices Australia;

·    Bureau of Meteorology;

·    Airlines - QantasLink, Virgin Australia, Jetstar, and Tigerair;

·    Chambers of Commerce - Port Macquarie, Wauchope, and Camden Haven;

·    Greater Port Macquarie Tourism Association;

·    Federal Member for Lyne, David Gillespie MP; and

·    State Member for Port Macquarie, Leslie Williams MP;

 

Council notified key emergency service organisations including the Royal Flying Doctor Service / NSW Air Ambulance, CareFlight and the Westpac Rescue Helicopter Service.  A presentation on the Addendum Report was also provided to emergency services representatives at the Port Macquarie - Hastings Local Emergency Management Committee meeting in November.

At the close of the exhibition period, four (4) submissions had been received by Council.  A further submission was received after the closing date.  The five submissions are summarised below (and attached to this report at Attachment 3).  Acknowledgments have been received from Airservices Australia and the Bureau of Meteorology, and Council will continue to liaise with these and other key stakeholders regarding the future development of Port Macquarie Airport as outlined in the Addendum Report.

 

The following extract from the Addendum Report is provided, describing the key features of the two development options:

 

Option 1

·    the Stage 1A airside upgrade of runway 03/21 to Code 4C standard, 1,800 metres long x 45 metres wide, including closure of Tuffins Lane - initial operations of Code 4C aircraft in accordance with CASA exemption with respect to the existing Code 3C 150 metre wide runway strip and approach surface;

·    future widening of the existing Code 3C 150 metre wide runway strip and approach surface to 300 metres in accordance with the full Code 4C aerodrome standard - subject to detailed environmental investigation and planning approval;

·    staged construction of a new Code C taxiway (Taxiway Foxtrot) parallel to and 168 metres to the east of runway 03/21 - subject to detailed environmental investigation and planning approval; timing / staging also subject to demand (runway occupancy and circuit / airspace capacity) and the availability of funding;

·    reserving of a 52 metre wide Code C taxiway strip at Taxiway Charlie to allow for future upgrading of the taxiway to Code C standard should this be required to support further aviation related development in the future;

·    future expansion of the existing RPT apron to the east to comply with the full Code 4C aerodrome standards, with four (4) free moving parking positions for up to Code 4C aircraft;

·    either, staged development / redevelopment of the existing terminal building generally to the east of the existing building and / or clear of the transitional surface associated with the 300 metre runway strip, or provision of a new terminal building to the east of the expanded RPT apron, in accordance with the full Code 4C aerodrome standard;

·    expansion of the existing car parking facilities to meet demand - noting the potential impact on the existing GA1 apron and hangar area;

·    possible future relocation of the general aviation facilities to an area south of Taxiway Charlie to support aviation related business activities;

·    possible future relocation of aircraft refuelling facilities to an area south of Taxiway Charlie subject to further consultation;

·    relocation of the existing non-directional beacon (NDB) to an area west of runway 03/21, to make way for future aviation related development - subject to consultation with Airservices;

·    relocation of the existing Bureau of Meteorology weather station (AWIS) to an area west of runway 03/21, to make way for future aviation related development including the future parallel taxiway - subject to consultation with the Bureau of Meteorology;

·    possible future provision of Aerodrome Rescue and Fire-Fighting Services (ARFFS), and Air Traffic Control (ATC) facilities subject to growth in air services / passenger numbers;

·    identification of land not required for future aviation uses, to be made available for commercial property development as part of the proposed Airport Precinct business park;

·    identification of land zoned R1 General Residential adjacent to “The Binnacle” residential area for possible future Airport related accommodation / hotel development; and

·    principal road access subject to further planning for an Outer Link Road (North - South link) linking the Oxley Highway and Hastings River Drive.

 

Option 1 has the potential to support incremental staged development of the existing infrastructure to meet demand in air services commensurate with the availability of funding, and as such is considered suitable for development in the short to medium term.

 

Option 2

·    the Stage 1A airside upgrade of runway 03/21 to Code 4C standard, 1,800 metres long x 45 metres wide, including closure of Tuffins Lane - initial operations of Code 4C aircraft in accordance with CASA exemption with respect to the existing Code 3C 150 metre wide runway strip and approach surface;

·    future widening of the existing Code 3C 150 metre wide runway strip and approach surface to 300 metres in accordance with the full Code 4C aerodrome standard - subject to detailed environmental investigation and planning approval;

·    staged construction of a new Code C taxiway (Taxiway Foxtrot) parallel to and 168 metres to the east of runway 03/21 - subject to detailed environmental investigation and planning approval; timing / staging also subject to demand (runway occupancy and circuit / airspace capacity) and the availability of funding;

·    reserving of a 52 metre wide Code C taxiway strip at Taxiway Charlie to allow for future upgrading of the taxiway to Code C standard should this be required to support further aviation related development in the future;

·    provision of a new RPT apron south of Taxiway Charlie in accordance with the full Code 4C aerodrome standards, with four (4) free moving parking positions for up to Code 4C aircraft;

·    provision of a new terminal building south of Taxiway Charlie in accordance with the full Code 4C aerodrome standard;

·    provision of new car parking facilities south of Taxiway Charlie;

·    relocation of existing helicopter landing and parking area, and general aviation aircraft parking areas subject to further detailed planning;

·    possible future general aviation facilities in an area south of Taxiway Charlie to support aviation related business activities;

·    possible future relocation of aircraft refuelling facilities to an area south of Taxiway Charlie subject to further consultation;

·    relocation of the existing non-directional beacon (NDB) to an area west of runway 03/21, to make way for future aviation related development - subject to consultation with Airservices;

·    relocation of the existing Bureau of Meteorology weather station (AWIS) to an area west of runway 03/21, to make way for future aviation related development including the future parallel taxiway - subject to consultation with the Bureau of Meteorology;

·    possible future provision of Aerodrome Rescue and Fire-Fighting Services (ARFFS), and Air Traffic Control (ATC) facilities subject to growth in air services / passenger numbers;

·    identification of land not required for future aviation uses, to be made available for commercial property development as part of the proposed Airport Precinct business park;

·    identification of land zoned R1 General Residential adjacent to “The Binnacle” residential area for possible future Airport related accommodation / hotel development; and

·    principal road access subject to further planning for an Outer Link Road (North - South link) linking the Oxley Highway and Hastings River Drive.

 

Whilst Option 2 offers some operational benefits through the reduced impact on existing airport infrastructure / facilities and locating the RPT apron / terminal building in a more “ideal” location from a master planning perspective, this development option is likely to require a significant one-off capital investment to provide the new infrastructure required (incl. RPT apron, terminal building, car parking, access roads, services etc).  As such Option 2 is considered a potential long-term development scenario subject to the availability of funding.

 

Options

 

Council may adopt the recommendations as proposed or amend as required.

 

The Airport Project Advisory Group (APAG) has endorsed the recommendations as proposed.

 

Community Engagement & Internal Consultation

 

As mentioned above, at the time of preparing this report for Council, five (5) formal written submissions had been received.

 

Submission

 

Issue

1.

Matthew Connors

Dated 10 October 2013

 

The submission:

-    questions the forecast passenger growth and the need for A320 aircraft services;

-    proposes that instead of upgrading the Airport for Code 4C aircraft, Council should focus on supporting flight training activities by:

1.   building a taxiway adjacent to the current runway;

2.   more hangars;

3.   make sure airside hangars are only used for airside essential services and hangarage of aircraft;

4.   increase hangar space for more flight training and aircraft repair; and

5.   increase car parking and remove car parking from hangars.

Response/

Comment:

The Master Plan Addendum Report makes provision for:

-    a future parallel taxiway;

-    general aviation related business activities (including flight training) in partnership with Taree and Kempsey Airports; and

-    further development / expansion of car parking areas.

The timing of this development will be subject to demand and the availability of funding.

2.

Donald West

Dated 20 October 2013

 

The submission raises possible concerns regarding:

-    times of operations (ie flight schedule);

-    flight patterns over our town;

-    noise disturbances to residents and livestock; and

-    pollution of aviation fuel discharge.

Response/

Comment:

The Master Plan 2010 provided detailed information regarding current and projected future aircraft noise exposure and flight tracks in the vicinity of the Airport for interpretation by the community and for use by Council for future land use planning and development control purposes.  This information has been assessed by Airservices Australia and endorsed for technical accuracy.  This information remains current and is not affected by the Addendum Report.

3.

Minedor Development Managers

Dated 29 October 2013

 

The submission highlights the importance of the Airport to the local economy, and suggests that Council should prioritise the Airport as the No. 1 issue for Council.  Specific comments include:

-    passenger forecasts appears reasonable, but the Master Plan should not preclude further growth;

-    compliance with the Code 4C aerodrome standards should be sacrosanct, and further development should ensure compliance without the need for CASA exemption;

-    Option 1 is supported as long as it does not constrain future development beyond Code 4C, noting the greater one-off investment required for Option 2;

-    while recognising the importance of the proposed Business Park to Council, the Business Park should be a secondary priority to the airside issues; and

-    Council should immediately resolve a new road connection to the Airport from John Oxley Drive, and that road should present well and reflect the town and its growing stature.

Response/

Comment:

Compliance with the Code 4C aerodrome standards (without CASA exemption) is a clear priority of the Addendum Report.  While Option 1 is considered suitable as a short to medium term development scenario, Option 2 offers greater flexibility in the long term so as not to constrain further opportunities for growth beyond that currently forecast.  The Addendum Report recognises the need for further planning to be undertaken by Council in relation to the route of the proposed North-South (Outer) Link Road.

4.

Hastings District Flying Club

Dated 30 October 2013

 

The submission favours Option 2 for the future development of the Airport, citing:

-    less constraints from existing infrastructure;

-    improved operational considerations; and

-    less impact on existing GA facilities, and greater opportunity for expansion in GA capabilities including freight.

In relation to Option 1, the submission suggests that ad hoc development will not provide the community with what it really wants for our Airport long term.

The submissions also raises concerns regarding the potential relocation of existing GA facilities such as the GA1 area.

Response/

Comment:

Council notes the concerns raised regarding the potential relocation of the GA1 area.  Council also acknowledges the comments made regarding Options 1 and 2, and notes that short and long term development proposals will be subject to demand and the availability of funding at the time of development.

5.

Civil Aviation Safety Authority

Dated 18 November 2013

 

The submission:

-    reminds Council, as the aerodrome operator, of its obligation to ensure that all facilities are designed and maintained in accordance with the Civil Aviation Safety Regulations (CASR) Part 139;

-    suggests that any future plan should allow for a future expansion of the passenger terminal and apron area, and clearly address existing and proposed landside access routes to the aerodrome; and

-    suggests that a future Code C taxiway parallel to, and to the east of runway 03/21, should be fully extended to the runway 21 (northern) end to reduce the aircraft occupancy time on the runway.

Response/

Comment:

The Addendum Report addresses these issues.

 

 

Planning & Policy Implications

 

The Master Plan 2010 Addendum Report presents options for the future development of Port Macquarie Airport to underpin the region’s economic development and tourism potential. The Addendum Report should be read in conjunction with the Master Plan 2010 - together the documents provide the framework and strategic direction to guide the future operation and development of the Airport.

 

Financial & Economic Implications

 

The Airport is established as a separate commercial business unit of Council, funded solely by airport operations on a ‘user pays’ basis - as such the Airport does not receive funding via Council’s general fund (rates) to subsidise the cost of its operations or major capital improvement / upgrade projects.

 

The Addendum Report highlights that significant works will be required to upgrade the Airport to ultimately comply with the full Code 4C aerodrome standards.  Much of this work will be subject to detailed environmental investigation and planning approval.

 

Funding for major capital projects at the Airport will continue to be sourced from a combination of:

·    the Airport Reserve;

·    aeronautical revenue (received from ongoing airport operations);

·    non-aeronautical revenue (received from commercial property development and airport concessions / leases); and

·    external financing (such as loan borrowings).

 

It should be noted that following completion of the recent Stage 1A airside infrastructure upgrade, the Airport’s borrowing capacity and ability to fund further improvements will be constrained in the short to medium term.

 

While this Report recommends Option 2 as the preferred long-term development option, it is considered likely that in the absence of securing new grant funding for the Airport, any development in the short-term to support the introduction of new air services and/or further growth in passenger numbers, will need to be based on “do-minimum” improvements to the existing terminal building and car parking facilities.

 

The Airport plays a key role in underpinning the region’s economic development and tourism potential, and as such it is critical that the Airport is positioned to handle long-term forecast growth in air services and passenger numbers to realise the associated economic benefits.

 

As set out in the Addendum Report, further growth in air services including the potential introduction of up to Code 4C medium jet aircraft such as the Boeing B737-800 and Airbus A320 series aircraft would result in:

·    an additional $86.1 million in gross output per annum*;

·    an additional $38.2 million in value added or GRP per annum*;

·    an additional $21.8 million in wages and salaries paid per annum*; and

·    an additional 408 jobs created per annum*.

 

* based on 400,000 passenger movements per annum (currently 230,000 passengers pa).

 

 

Attachments

 

1.       Port Macquarie Airport Master Plan 2010 Addendum Report

2.       Council Report dated 18 September 2013

3.       Submissions received during the public exhibition period

 


AGENDA                                                                                Ordinary Council

Description: Governance Strap.jpg

                                                                                                                      18/12/2013

 

 

Item:          10.02

 

Subject:     Draft Greater Port Macquarie Destination Management Plan

Presented by:  Commercial Services & Industry Engagement, Craig Swift-McNair

 

 

Alignment with Delivery Program

 

3.3.2  Implement and support innovative and effective strategies and partnerships that position Port Macquarie-Hastings as a distinct and competitive destination that guides market development, investment and infrastructure in public and private sectors.

 

 

 

RECOMMENDATION

 

That Council:

1.       Place  the draft Destination Management Plan on public exhibition for the period 19 December 2013 to 15 February 2014

2.       Request that the General Manager prepare a report for the March 2014 meeting of Council detailing information contained in submissions received during the exhibition period for further consideration by Council. 

 

 

Executive Summary

 

Council’s Economic Development team recently engaged the services of Tourism Management Solutions to conduct an extensive stakeholder engagement process and develop a Destination Management Plan for the Greater Port Macquarie region.

 

The Plan provides recommendations on the strategies and priorities for our region to grow visitation expenditure into the future.  This report seeks to place the draft Destination Management Plan (Attachment 1) on public exhibition to allow further stakeholder feedback and consideration by the broader community before a final draft is put to Council for consideration. An extended exhibition period is recommended due to the exhibition occurring at a peak operational period for many stakeholders.

 

Discussion

 

Port Macquarie Hastings Council recently initiated a whole of region Destination Management Planning process.  The Destination Management process focuses on engaging stakeholders from industry, government and our community to plan for the future and manage our destination.  It embraces a holistic approach and aims to bring our community together to develop a road map to enhance the financial and social benefits of visitor expenditure.  To undertake this process, Council engaged the services of Tourism Business Solutions - a tourism consultancy and advisory business offering services related to the development, enhancement or expansion of new or existing tourism operations.

 

Council’s Destination Management process is directly aligned with the Australian Regional Tourism Network's nationally recognised approach and the directive from the NSW Government’s Visitor Economy Action Plan (Dec 2012) that from 1 July 2013, destinations are required to have conducted a Destination Management Plan (DMP) to be eligible for funding administered by Destination NSW. 

 

According to the Visitor Economy Taskforce, the visitor economy takes into account broader economic activity than that which has historically been defined as ‘tourism and events’. It includes the direct and indirect impacts resulting from a visitor travelling outside their usual environment for a holiday, leisure, events, business, conventions and exhibitions, retail, education, to visit friends and relatives or for short-term employment in NSW. It includes intrastate, interstate and international visitors.

 

The requirement for the development of a DMP is also articulated in Council's new Economic Development Strategy.  Outcome five, ‘Partnering for Success’, describes us a Council that works alongside key stakeholders in business, government and the community, with a focus on maximising economic return and an efficient and effective business environment.  The development of our Greater Port Macquarie DMP is included as a specific action within this Outcome. 

 

Council’s Economic Development Steering Group (EDSG) has acknowledged the importance of our local tourism industry and sees the DMP as a key document which will support Council’s collaboration with stakeholders who have a direct interest in our visitor economy.  The draft DMP was considered by the EDSG at their 4 December 2013 meeting.   The Group expressed their support for the document being placed on public exhibition.

 

In developing the DMP, Council has followed the best practice model, as designated by the NSW State Government.  This model includes:

·    Research and analysis of existing strategies, plans and research

·    Consultative planning using the above information and analysis to engage with key stakeholders (tourism and non-tourism) to identify:

Strengths, weaknesses, opportunities & threats (SWOT),

Define the destination - draw notional boundaries and points of access

Understand the market - customers and visitors

Understand the destination offering - key product and experiences

·    Create a strong community based vision for the future of the destination.

·    Develop a destination management structure with a clear communication process that links all relevant stakeholders and seeks their engagement in the delivery of the vision through a clear action plan.

 

As outlined in the DMP Communication and Participation Plan (Attachment 2), an extensive literature review and community engagement process formed the foundation of this draft Plan.  In undertaking the literature review, Tourism Business Solutions analysed dozens of documents relating to our destination - heritage studies, arts and cultural plans, tourism, health and aged care studies, economic development, state forest and national parks strategies, Regional Development Australia Regional plans, cycling programs, events, urban growth strategies, ABS data, visitor profiles, accommodation and satisfaction reports, and other essential documentation to ensure all sectors needs were considered. The North Coast Destination Network Destination Management Plan was also reviewed and linkages were identified to provide consistency within a whole of region approach.

 

In consulting with and gathering input from our community, three discussions forums were held in late October 2013 (Port Macquarie, Wauchope and Camden Haven), with 101 individuals and stakeholder groups represented.  Participation levels within these sessions were excellent and Tourism Business Solutions noted Council’s excellent community engagement and consultation process.  Many stakeholders also took the opportunity to have separate conversations or correspondence with Tourism Business Solutions to provide further input/information for consideration.

 

The draft DMP (Attachment 1), outlines why we are creating a Destination Management Plan, our approach to this process, an analysis of the recent performance of our visitor economy, our strengths and opportunities as a destination and recommends strategic priorities which will help us to grow visitation expenditure. 

 

In relation to this final point, the draft DMP recommends that to achieve the New South Wales Government’s objective to double overnight visitor expenditure by 2020, we must focus on the following objectives:

1.   Build the capacity of all industry sectors engaged in delivering superior visitor experiences,

2.   Encourage investment in product development programs,

3.   Assist with infrastructure planning and development; and

4.   Market the destination to grow the visitor economy.

To fulfil the four objectives above, the Destination Management Planning process has developed specific actions (refer page 32 of Attachment 1). The success of these actions within the Destination Management Framework will be measured by the following three strategic outcomes:

1.   Grow the prominence of Greater Port Macquarie as a tourism destination

2.   Increase overnight visitor expenditure

3.   Achieve 100% ROI for marketing campaigns.

 

To assist with planning for the implementation of DMP actions, the draft identified a range of both ‘soft’ and ‘hard’ KPIs which can assist in measuring success.

 

As is noted in the draft DMP, all stakeholders within the visitor economy are responsible for the delivery of these action items - this is not just the responsibility of Council.  Further, to capitalise on the opportunities available to Greater Port Macquarie and to grow the visitor economy, a partnered approach is required.  A recommended ‘Action Leader’ has been identified, based on the nature of the action and the current division of responsibilities within the destination.  It is acknowledged that the recommended actions list is extensive and further stakeholder collaboration and prioritisation may be required.

 

Further, the implementation of recommended actions will be subject to the availability of resourcing (both human and financial), from the action leaders and relevant partners.  From a Council perspective, we note that there will be a requirement for Council to ‘drive’ the implementation of the DMP.  Any resources associated with this role and the implementation of DMP actions will need to be considered in the broader context of priorities for the Economic Development team.

 

Options

 

Council can choose to place the draft Destination Management Plan on exhibition or may choose not to place the draft strategy on exhibition. However, it is considered important that further consultation take place to ensure our DMP is embraced by stakeholders as a plan to improve our visitor economy.

 

Community Engagement & Internal Consultation

 

The draft Destination Management Plan has been compiled to represent the consolidated views of our community stakeholders who have an interest in the management of our destination. Communication and consultation has also occurred with a broad range of Council staff and Councillors, many of whom attended the DMP discussion forums.

 

Planning & Policy Implications

 

There is no direct planning or policy implication as a result of this report i.e. in placing the draft Destination Management Plan on exhibition. If Council choose to adopt the draft Destination Management Plan at a future meeting of Council, then some of the actions included in the plan may result in the review and revision of existing policies and related documents to ensure that destination management objectives are taken into account.

 

Financial & Economic Implications

There are no direct financial implications as a result of this report. It is anticipated that Council’s Economic Development Team will need to allocate resources to lead the DMP implementation and undertake any specific actions in which Council is involved, once Council consider the final report for adoption. We recognise that DMP implementation priorities will need to be assessed and prioritised alongside new Economic Development Strategy actions which are also to be resourced from within the Economic Development team.  Any future financial implications placed upon the organisation in undertaking the actions as detailed in the plan will be reported to Council as appropriate.  

It is anticipated that the adoption of the draft DMP at a future meeting of Council will result in a more focused and coordinated management of our destination and broader collaboration between Council, business, industry and other stakeholders engaged in our visitor economy. The economic impact of the plan's implementation is difficult to forecast, however, performance measurement will form a key part of the plan’s implementation.

 

Attachments

 

1.       Draft Greater Port Macquarie Destination Management Plan

2.       Destination Management Plan Communication and Participation Plan

 


AGENDA                                                                                Ordinary Council

Description: Governance Strap.jpg

                                                                                                                      18/12/2013

 

 

Item:          10.03

 

Subject:     18 John Oxley Drive, Port Macquarie - Business Rezoning (PP2011-7.2)(PIN 48392)

Presented by:  Development & Environment, Matt Rogers

 

 

Alignment with Delivery Program

 

3.2.3  Facilitate growth in retail and commercial business through the provision of appropriately zoned land that meets the needs of sustainable business.

 

 

 

RECOMMENDATION

 

That Council:

1.       Defer a decision on whether to proceed with the planning proposal (LEP amendments, DCP amendments and planning agreement) for 18 John Oxley Drive, Port Macquarie, pending the resolution of traffic matters as described in this report.

2.       Consider the outcomes of the further investigations and consultations in a further report in early 2014.

 

 

Executive Summary

 

This report provides a summary of the outcomes of community consultation and investigations in relation to a planning proposal to rezone land on the corner of the Oxley Highway and John Oxley Drive, adjacent to the intersection with Wrights Road. 

 

The planning proposal is based on John Oxley Drive Structure Plan, which was adopted by Council in July 2012.  At that time, Council also resolved in relation to 18 John Oxley Drive:

·    to prepare a Planning Proposal to rezone the land,

·    to prepare supporting DCP amendments, and

·    to establish a statutory mechanism to protect the amenity of the residents of the adjoining Sienna Grange Retirement Village.

 

The planning proposal includes draft local environmental plan (LEP) and development control plan (DCP) provisions and includes a concept design by the proponent for a bulky goods centre, including a Woolworths Masters store.  It was publicly exhibited between 19 April and 17 May 2013 along with an offer from the proponent to enter into a planning agreement.  (Refer Attachment 1)

 

Six public submissions were received, as detailed in this report.  Council has also received an objection from the NSW Roads & Maritime Services related to the potential impact of the proposal on the operation of the Wrights Road intersection.  The submissions are attached and are summarised in the body of this report.

 

Council has been working with the RMS during 2013 to resolve the traffic issues associated with this proposal and with the Wrights Road intersection generally.  This issue was considered by Council at its meeting on 20 November 2013 (refer Attachment 2), when it was resolved that Council:

1.    Make representations through Leslie Williams, State Member for Port Macquarie, to the Hon. Duncan Gay, NSW Minister for Roads and Ports, requesting that the NSW State Government upgrade the Wrights Road/ Oxley Highway intersection as an urgent priority.

2.    That a post-exhibition report on the bulky goods planning proposal for No. 18 John Oxley Drive be brought before Council for the December 2013 Council Meeting.

 

This report is presented in response to part 2 of the above resolution.  It summarises the three key issues in relation to the planning proposal:

1.   Traffic impacts,

2.   Impacts on Sienna Grange Residents, and

3.   Economic impacts

 

The proponent has offered to enter into a planning agreement in relation to the resolution of traffic impacts.  In addition to a $500,000 contribution to intersection improvements, the proponent has offered to guarantee that there would be no commencement of use until “Council is satisfied that suitable arrangements are in place for the future upgrade of the Oxley Highway/Wrights Road/John Oxley Drive intersection”. 

 

This has inherent risk for the proponent and for Council that a satisfactory solution will not be found to upgrade the Wrights Road intersection and that arrangements for development will have substantially progressed.  The Wrights Road / Oxley Highway / John Oxley Drive roundabout will not function satisfactorily for local traffic in peak traffic flows within 10 years, based on modelling undertaken for Council and the RMS.

 

The proposed staging of development and site access has implications for pedestrian access across although it appears that all other potential impacts on adjoining residents are able to be satisfactorily ameliorated with appropriate LEP and DCP provisions and in the assessment of subsequent development applications.

 

The proposed rezoning is consistent with the retail policy established in the Port Macquarie-Hastings Urban Growth Management Strategy 2011.  The subject site generally meets the locational criteria for bulky goods retail and is within the investigation area nominated for investigation for bulky goods retail in the Strategy.

 

Council’s economic consultants Hill PDA advise that Council should not delay the rezoning of the John Oxley Drive site to permit the Masters store on the grounds of economic impact.

 

The site itself has a total area of approximately 4.8ha and the concept development for the site represents full development of the site, allowing for parking and access requirements.  The proposal, if supported by Council, will accommodate the total projected increase in demand in bulky goods retail to 2031. 

 

In conclusion, it is recommended that Council defer a decision on whether to proceed pending a response from the Local Member/RMS in relation to traffic matters.

Discussion

 

The subject land, 18 John Oxley Drive, Port Macquarie, is located immediately to the south of the Oxley Highway / John Oxley Drive / Wrights Road roundabout, on the site of the former Port Gateway Residential Park.  The exhibited planning proposal also encompasses adjoining roadway to the northeast and east, which is included in the proposed LEP mapping changes for consistency.  The extent of land affected is shown below.

http://hasteview02:8084/eview/output/eview13075.jpg

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Council’s Urban Growth Management Strategy 2011-2031 identifies a key Economic Development and Employment Strategy as to “identify opportunities for bulky goods style retailing in accessible locations in or near commercial centres and restrict this form of retailing in industrial zones”.  An associated short-term implementation action was to “Consider potential for bulky goods development at Lindfield Park Rd and between the old and new Oxley Highway alignments.”

 

Also, with completion of the Oxley Highway realignment between Wrights Road and the Pacific Highway, it was appropriate to consider the future redevelopment of the land between the old and new highway alignments east of Phillip Charley Drive.  For a range of historical reasons there is a mix of urban type land uses within this precinct, notwithstanding the current rural zone (i.e. RU1 Primary Production).

 

A Structure Plan for the John Oxley Drive Precinct was adopted by Council in July 2012.  The Structure Plan proposes a mix of residential and business uses between the current and former alignments of the Oxley Highway in the long term.  Implementation of the Structure Plan will involve further work, particularly in relation to:

·    preparation of appropriate stormwater management strategies for the fragmented land ownerships, and

·    refinement of the road upgrade design, the associated extent of land acquisition and planning safe property accesses, and

·    for some of the proposed residential land, co-ordination of consolidation of land as part of redevelopment.

 

A rezoning proposal for the subject land had been lodged with Council, but had been deferred while the Structure Plan was being finalised.  When the Structure Plan was adopted, Council also resolved to commence the process to amend the planning controls for this site, with appropriate safeguards to adjoining residents.

 

1.  Summary of proposed changes

 

Attachment 1 is a copy of the Exhibition document, excluding some lengthy appendices.  Refer to that for full details of the proposed changes.

 

LEP 2011 Changes

 

Current

Proposed

Land Zoning Map

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Zone Codes

B2 Local Centre

B5 Business Development

R1 General Residential

R2 Low Density Residential

RE1 Public Recreation

RU1 Primary Production

SP2 Infrastructure (Health Services facility)

Lot Size Map

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Minimum Lot Size

G          450 sq m

Q          700 sq m

W1       3,000 sq m

Y3        1.5 hectares

AB2      40 hectares

Blank    no minimum

Height of Buildings Map

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Maximum building height

I           8.5 m

L          11.5 m

N2        14.5 m

Blank    no maximum

Refer to LEP Text for definition of Building height.

 

DCP 2011 provisions

Current provisions

There are current provisions relating to commercial development adjoining residential land use, with the objective of maintaining residential amenity.

Separate to the DCP are:

·    NSW Industrial Noise Policy, (EPA 2000).

·    Noise Guide for Local Government (DECCW 2010)

·    Infrastructure SEPP - consultation with Roads & Maritime Services

·    Section 79C of the Act - Matters for consideration

Proposed provisions

The proposed additional site-specific objectives are:

1.  To ensure that the amenity of neighbouring residents is not adversely affected by noise emanating from the subject property.

2.  To avoid the potential for significant overshadowing of habitable rooms and key open space areas for adjoining residential properties.

3.  To ensure the visual impact of the development enhances:

§ the entrance to Port Macquarie along the Oxley Highway,

§ the sub-arterial road function of John Oxley Drive, and

§ the amenity of adjoining residents.

There are supporting Development Provisions that provide a standard for compliance with these objectives.

 

Offer to enter into a Planning Agreement

The Council resolution of July 2012 included:

“In relation to the proposals in the Structure Plan relating to No 18 John Oxley Drive: ….

c)  Establish with the proponent a statutory mechanism to ensure that any future development of No.18 John Oxley Drive is designed in accordance with the future development control provisions in b) above, relating to the amenity of residents of No 28 John Oxley Drive, prior to the exhibition of the Planning Proposal and Development Control Plan.”

Based on that, and issues relating to potential road impacts, an offer was made on behalf of the proponent to enter into a Planning Agreement relating to these issues.  Details of the exhibited offer are in Appendix E of Attachment 1.

It was expected that the details of the Planning Agreement would be refined following completion of the further traffic studies.

This is discussed further under Traffic Impacts and Impacts on Sienna Grange.

Note that while Council exhibited an offer from the proponent to enter into a Planning Agreement, this does not constitute a legal agreement until an agreement is formally exhibited and signed by both parties.

 

The matters raised in the public exhibition are reviewed in the submissions table under Community Engagement & Internal Consultation at the end of this report.

 

There are three major issues which are summarised below:

 

Issue 1: Traffic impacts

 

The key issues relating to traffic impacts were canvassed in a report to Council’s Ordinary Meeting on 20 November 2013.  The report, titled Growth Constraints - Oxley Highway/Wrights Road Intersection, Port Macquarie  is included as Attachment 2 to this report.  That report includes the following key points in relation to the Oxley Highway / Wrights Road / John Oxley Drive intersection:

1.    The intersection has been designed and constructed by the State Government as the primary point of access for the Lake Innes release area to the Oxley Highway and the rest of Port Macquarie.  No alternative exists for local traffic using the intersection.

2.    In consultation with the RMS during the past 6 months, Council has conducted modelling to determine the life of the existing roundabout under a number of development scenarios.

3.    The traffic modelling for the intersection included background residential growth including proposed future development in the Lake Innes and Thrumster areas.  Note: Background growth is the growth predicted at the time the Wrights Road intersection was designed and constructed.  This includes forecast residential growth in the Lake Innes and Thrumster areas and some expansion of the Base Hospital.

4.    The modelling shows that the intersection will begin to fail in approximately 10 years, with background growth alone.

5.    With the addition of recently approved development, including the expansion of the Port Macquarie Base Hospital, University of NSW development, medical centres on Highfields Circuit, the subject bulky goods proposal and the proposed university campus for Charles Sturt University, the life of the intersection is approximately 5 years. 

6.    The current expansion of the Port Macquarie Base Hospital, which was approved by the State Government, has made no contribution to a future intersection upgrade.

7.    The modelling shows unacceptable delays with the addition of traffic associated with the subject bulky goods proposal and the proposed university campus for Charles Sturt University, in addition to forecast background growth. 

8.    The use of metering signals on the Wrights Road intersection to regulate the flow of highway traffic onto the intersection has been found to be problematic in that it would result in unacceptable queue lengths for traffic on the Oxley Highway.

9.    Other intersection upgrade options such as full signalisation and/or grade separation will involve substantial capital investment (e.g. in excess of $10 million for grade separation), which cannot be funded by Council from existing Development Contributions Plans or from the current proponents.

10.  Council’s options to secure developer contributions funding for State infrastructure are limited by State legislation and a State Infrastructure Levy has not been applied to the Lake Innes area.  It is therefore not feasible to prepare an equitable contributions scheme for upgrade of the Oxley Highway / Wrights Road / John Oxley Drive intersection, without substantial contributions from the State Government:

11.  The additional developments (i.e. The bulky goods proposal and Charles Sturt University campus) merely bring forward the need for a substantial upgrade of the intersection and the need for allocation of State Government funding.

 

The most recent submission from the Roads and Maritime Services is relation to the bulky goods proposal is a letter dated 15 October 2013 (Attachment 3), which states in part (emphasis added):

 

“The most recent modelling has clearly indicated that proposed developments in the JOD precinct will significantly affect the operation of the Oxley Highway/Wrights Road roundabout and result in significant delay for the travelling public. This delay has a substantial cost to the community including lost time and environmental damage from fuel emissions. The modelling supports previous assessments that, without the JOD developments, the roundabout would continue to operate within acceptable ranges of delay and service well into the future.

 

Roads and Maritime also appreciates Council's willingness to consult and involve Roads and Maritime in the process of assessing the impacts of this planning proposal. The probable scale of infrastructure required to adequately address the impacts, and the ability for potential development proponents to fully fund the upgrades, is also well appreciated. Council may wish to explore several funding options to arrive at an equitable contribution scheme. With the recent State Government investments on the Oxley Highway in Port Macquarie, there would appear little justification for Roads and Maritime to be a contributor in any substantial way towards a contribution scheme.

 

The previous Roads and Maritime response of 2 August was intended to allow investigations for the rezoning to continue so that potential interim measures could be identified and assessed, without causing undue delay. The results of the latest modelling conclude that the proposed interim measure (partial signalisation of the Wrights Road roundabout) is not a feasible option.  Without identification of the appropriate road infrastructure necessary to address the impacts of the proposal, and an equitable contributions scheme determined, Roads and Maritime cannot support the proposed strategy to intensify development in the eastern section of John Oxley Drive.

 

The RMS states that Council can continue with the rezoning investigations while solutions to the road infrastructure issues are addressed.  However, this rezoning is at the final stage - awaiting a Council decision on what will be submitted to the delegate of the Minister for Planning and Infrastructure in relation to making the relevant LEP amendments. 

 

The proponent for the bulky goods rezoning has commissioned traffic consultants TTM Pty Ltd to review the recent traffic modelling by Council and the RMS of the potential use of metering signals to extend the life of the intersection - a copy is in Attachment 4. 

 

A summary report has been provided by TTM which suggests that metered signals could provide an interim measure to defer major expenditure on the intersection.  This report was not accompanied by modelling data and was submitted to Council one day prior to the close of reports for this Council meeting agenda.  It has therefore not been possible for Council or the RMS to review the TTM report in detail in conjunction with the preparation of this report.

 

The TTM report also shows that queue lengths for traffic on the Oxley Highway would be up to approximately 400m with the use of metering signals and it is likely that this would be unacceptable to the RMS.  The information presented does not include details of level of service (i.e. delay) and degree of saturation (i.e. how close the intersection is to failure having regard to traffic volumes).  Nevertheless, the report provides additional information for ongoing consultation with the RMS regarding the upgrade options for the intersection.

 

The proponent has also made a revised offer to enter into a planning agreement with Council to address the traffic impacts associated with the proposal. The latest offer is in King & Campbell letter dated 5 December 2013 (Attachment 5; the associated site concept plan is in Appendix D (page 54) of Attachment 1).  The proposed planning agreement now includes the following components:

 

1.    The amenity of the adjoining Sienna Grange residents

       This is addressed in the next section of this report.

 

2.    Site access - staged upgrade; contribution for intersection upgrade

       a) This provides for signalised site access prior to occupation of Stage 2 of the proposed bulky goods development, being the bulky goods building in the south-western part of the site.  It also provides for site access for Stage 1 (the hardware building) in accordance with independent traffic assessment.

       b) The offer includes a contribution of up to $500,000 for the upgrade of the Wrights Road intersection, such as installing metering signals to extend the life of the current roundabout, and to allow Stage 1 to proceed.

       Given the proximity to the Wrights Road intersection, the site access design needs to be carefully tuned to integrate with the operation of that intersection, whether roundabout, roundabout with metered signals, traffic lights or grade separation.  Traffic signals may be required earlier, or not be appropriate, irrespective of the timing of Stage 2 of the proposed development. 

 

3.    Occupation of Stage 1 conditional on arrangements for future intersection upgrade

       This would allow finalisation of the proposed rezoning, development consent and construction, but no commencement of use until “Council is satisfied that suitable arrangements are in place for the future upgrade of the Oxley Highway/Wrights Road/John Oxley Drive intersection”.  This particularly aims to allow for parallel actions, rather than:

       “The expected long timelines associated with both the negotiating the funding arrangement relating to the ultimate upgrade of the Oxley Highway/Wrights Road/John Oxley Drive intersection and the planning process associated with the LEP and subsequent development application.

       The proponent suggests that this is similar to the Sancrox Employment Lands Road Construction Planning Agreement.  However, in that case, there was more certainty in terms of the design and funding for the required intersection upgrade.  The proposed planning agreement for the John Oxley Drive site has inherent risk for the proponent and for Council that a satisfactory solution will not be found to upgrade the Wrights Road intersection and that arrangements for development will have substantially progressed.

 

4.    Council to prepare updated Major Roads Section 94 Contribution Plan

       a) The proponent would like to ensure that other new development on John Oxley Drive, north from The Ruins Way, is included in Council’s Major Roads Section 94 Contribution Plan.

       b) The proponent also seeks in principle agreement that the costs of associated roadworks offset against developer contributions.

There is limited scope to obtain developer contributions from future development within the catchment of the intersection.  However, this is something that can be considered by Council in the review of the Major Roads Section 94 Contribution Plan.  There is no objection to in principle agreement to offsetting roadwork costs against developer contributions within a Planning Agreement, although this could be covered by a Works in Kind Agreement at DA stage.

 

In summary, the first major issue in relation to the proposed bulky goods rezoning is traffic impacts. 

 

Modelling by Council and the RMS suggests that there will be significant delays for local traffic entering the existing roundabout in approximately 10 years time with background growth, and in less than 10 years, if the proposed bulky goods rezoning proceeds.

 

The RMS has objected to the rezoning but have provided no solution to the required intersection upgrade notwithstanding that it is State infrastructure and Council is not in a position to organise funding of the scale required to upgrade the intersection.

 

The proponent has offered to enter into an agreement and has now increased the amount of the offer towards the Wrights Road intersection upgrade to $500,000.  If the RMS was willing to accept metering signals, these could be paid for using the proposed $500,000 contribution from the proponent.  This may extend the life of the intersection slightly, however, the metering signals works would not form part of a longer term intersection upgrade that will be necessary. 

 

If metering signals are not acceptable as an interim solution, as the modelling by Council and the RMS suggests, the proposed $500,000 would cover only a relatively small part of the intersection upgrade cost.  The bulk of the funding for the intersection upgrade would need to come from the State government, given Council’s limited ability to levy contributions in this case.

 

Council has forwarded the TTM report and the revised offer from the proponent to the RMS for comment.  No response has been received given the timing of submission of the report to Council.

 

If Council wishes to proceed with a Planning Agreement, it would be necessary:

·    to have negotiations to refine the proposed agreement,

·    to publicly exhibit the proposed agreement, and

·    to formally approve it (possibly under delegation).

 

This should occur prior to submission of the draft LEP for approval.

 

As noted above, the proposed planning agreement for the John Oxley Drive site has inherent risk for the proponent and for Council that a satisfactory solution will not be found to upgrade the Wrights Road intersection and that arrangements for development will have substantially progressed.

 

Discussion of Council’s options are addressed in the Options section of this report.

 

Issue 2: Impacts on Sienna Grange

 

The residents of Sienna Grange have been consulted in earlier phases of planning for the John Oxley Drive Precinct.  The residents have previously raised concerns regarding likely impacts such as traffic management, noise, overshadowing, privacy, light pollution, bulk and scale, safety, deliveries, operational times and security.

 

As a consequence, the Council resolution in July 2012 required in part that Council:

“c)   Establish with the proponent a statutory mechanism to ensure that any future development of No.18 John Oxley Drive is designed in accordance with the future development control provisions in b) above, relating to the amenity of residents of No 28 John Oxley Drive, prior to the exhibition of the Planning Proposal and Development Control Plan.”

 

The proponent’s offer to enter into a Planning Agreement includes the following:

“That the future development of 18 John Oxley Drive for bulky goods retail purposes will be designed to reasonably comply with the Development Provisions to be included in DCP 2011 to protect the amenity of the residents of 28 John Oxley Drive Port Macquarie.”

 

Although Council has drafted the current development control plan (DCP) provisions to maximise their effectiveness, DCP provisions have limited legal weight following recent changes to the NSW Environmental Planning & Assessment Act 1979 (as amended).  The proponent’s offer implies a commitment to comply with the DCP provisions irrespective of their legal weight, although the offer is qualified by the words “reasonably comply”. 

 

The offer has limited benefit but at the same time doesn’t seem to have adverse consequences and can therefore be reasonably included in any planning agreement that is proposed between Council and the proponent.

 

The main potential impacts on the residents of Sienna Grange to be addressed at the LEP stage are accessibility and building height.  At this stage, the objective is to ensure that appropriate measures are in place for any development application assessment and determination.

 

In terms of accessibility, pedestrian access remains a key issue for the John Oxley Drive Precinct as there is a shortage of safe pedestrian access points and constraints as to where these access points can be located in light of current and proposed intersections and slip lanes.

 

The planning agreement offer from the proponent provides for signalised site access prior to occupation of Stage 2 of the proposed bulky goods development.  Pedestrian access issues across John Oxley Drive for Sienna Grange residents would be resolved at the time that a signalised intersection is provided. 

 

The timing of construction of these facilities is uncertain and access across John Oxley Drive would be more difficult in the interim following construction of Stage 1 of a bulky goods development.  It is important to note, however, that total traffic volumes on John Oxley Drive have decreased since the opening of the new Oxley Highway.

 

In relation to building height:

·   the draft LEP proposes a maximum of 11.5 m,

·   a resident of Sienna Grange requests that the height limit for the (proposed bulky goods) building adjoining Sienna Grange be reduced to 8.5 m, and

·   the consultant for the proponent has submitted information that indicates that while the height for that proposed building would be no more than 8.5 m on the Sienna Grange boundary, given the ground levels, near the Oxley Highway it would be around 10 m.

 

It would seem reasonable to reduce the height limit to 8.5 m for land within 20 m of the common boundary with Sienna Grange.  The illustration shows this, together with aerial photography and the current concept plan for development of the site. The standard height limit for residential land (excluding medium and high density) is 8.5 m.

 

HOB variation for Agenda

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Note that the LEP and DCP controls need to be applicable to any development layout submitted for Council approval, and not just the current concept.

 

It is considered that the total package of controls (especially the current and proposed DCP provisions) will enable Council to give weight to ensuring that any building next to Sienna Grange is neither too high nor too bulky. Therefore it is considered that the proposed height variation should be adequate.

 

In summary, in relation to impacts on Sienna Grange residents, it is considered that no additional measures are required at LEP stage, other than the consideration of pedestrian access arrangements in conjunction with the planning agreement offer, as discussed under traffic impact in this report.

 

Issue 3:  Economic impacts

 

The supply of land for “retail premises” (including bulky goods premises), is a key issue in Council’s strategic planning and there has been considerable effort by Council in recent years to ensure that a clear retail hierarchy will be maintained as urban growth takes place over the next 20 years.

 

Key issues relating to retail planning include:

(a)   Ensuring there is adequate land supply (in the right hierarchy of locations) for customer convenience and for potential retail growth, and

(b)   Not having an oversupply of land, or poorly located land that can undermine the viability of investment in new premises, and

(c)   Pressure to prevent potential adverse impacts on existing local businesses from competition.

 

Council engaged consultants Hill PDA, to provide independent advice on retail supply and demand during the preparation of Urban Growth Management Strategy 2011-2031.  The Port Macquarie Hastings Retail Strategy Review 2010 by Hill PDA is included as Attachment 6 - the “2010 Hill PDA report”) with this report and forms the basis for Council’s current retail policy in the Urban Growth Management Strategy 2011-2031 (particularly pages 29-31 and on pages 32-34 the Retail Policy Plan).

 

There are subsequent reports by Hill PDA:

1.       Peer Review of Economic Impact Assessment accompanying the Proposed Development of Hardware and Bulky Goods Floorspace at 18 John Oxley Drive, Port Macquarie, December 2012 (Attachment 7) - the “2012 Hill PDA report

The rezoning submission to Council included an Economic Impact Assessment prepared on behalf of the proponent by MacroPlan Dimasi in August 2012.  The Gateway determination from the NSW Dept of Planning & Infrastructure required Council to obtain a peer review of that EIA - Hill PDA were commissioned by Council to prepare that review.

2.       Port Macquarie - Hastings Bulky Goods Retailing Planning, 6 November 2013 (Attachment 8) - the “2013 Hill PDA report

More recently, Hill PDA were requested to clarify the scope of land uses encompassed under their analysis and to advise on the implications of reduced population forecasts on bulky goods retailing forecasts.  This work included a survey of existing bulky goods retailing based on the revised scope, leading to a higher calculation of current supply.

 

The commentary below draws on the UGMS and later reports by Hill PDA and other parties to summarise the likely impact of the proposed rezoning on retail supply and demand in the Port Macquarie-Hastings.

 

The UGMS identifies land on John Oxley Drive between the old and new alignments of the Oxley Highway as an area for potential investigation for bulky goods development, having regard to the locational criteria for successful bulky goods centre or cluster, which are:

 

·    “Large land area preferably on the fringe of a major or regional shopping centre;

·    Main road frontage or strong visual exposure from a main road that carries considerable traffic;

·    Having a large trade area and being located in the middle of, or near the entry of, the trade area; and

·    Preferably having a trade area that is affluent and/or experiencing household growth”.  (Hill PDA, 2010; p.29).

 

Council has received an objection from Sovereign Hills Pty Ltd, supported by another specialist retail assessment (Norling Consulting Pty Ltd), during exhibition of the John Oxley Drive proposal.  The submission questions the location of additional bulky goods retail floorspace at John Oxley Dve instead of in conjunction with the Thrumster Town Centre.

 

The supply of bulky goods retail at Thrumster is addressed in the UGMS and in a recent report to Council on 21 August 2013, regarding the type and amount of retail development in the Thrumster Town Centre.  In summary, Council has resolved to maintain the proposed status of the Thrumster Town Centre as a local centre in Council’s retail hierarchy and the current limit of 5,000sqm of bulky goods retail floorspace is proposed to be maintained in conjunction with local retail development in the Thrumster Town Centre. 

 

In terms of total bulky goods retail floorspace in the Port Macquarie-Hastings local government area (LGA), the 2010 Hill PDA report projects annual growth in demand for bulky goods of around 1,000 sq m to 1,200 sq m Gross Leaseable Area (GLA) per annum from 2009 to 2031.  The projected increase in demand between 2009 and 2031 was estimated at 24,000 sq m.

 

The update in the 2013 Hill PDA report (Attachment 8) considers the forecast supply and demand for bulky goods retailing in more detail.  The 2013 report includes a more accurate estimate of current supply of bulky goods retail based on a survey by Council staff in consultation with Hill PDA.  The report also incorporates staged development of the subject site at 18 John Oxley Drive (with a discount for the wholesale related trade), and limited bulky goods retail development at Thrumster. 

 

Hill PDA now estimate that the supply and demand of bulky goods floorspace, including the proposed development, will result in bulky goods supply and demand as shown in the following graph.  Demand is predicted to increase by 23,000 sq m over the period from 2011 to 2031 based on population growth.


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Whilst the projected supply of bulky goods retail floorspace exceeds projected demand to 2031, Hill PDA emphasise that bulky goods retail is only one component of total retail demand and that competition with other centres will be limited to those centres which contain bulky goods retail.  In the Port Macquarie-Hastings this is primarily the Lake Road and Hastings River Drive B5 Business Development areas.

 

The graph shows a substantial increase in supply to 2016, in recognition of the proposed Stage 1 development in the Masters concept for the subject site.  This recognises that such developments do not happen incrementally, but in occasional large projects. 

 

The report acknowledges the imprecision in the data, with the current apparent oversupply reflecting that the supply is partly satisfying demand from outside the Council area, and the difficulties in classifying bulky goods retailing floorspace.

 

Hill PDA 2012 conclude that the proposed development would deliver a net community benefit as a result of:

o The demonstrable need for the development and the acceptable levels of economic impact;

o The additional jobs which it would support both during the construction process and post-construction. Given that the existing use is ceasing, these would all be net additional jobs to the LGA;

o The additional investment in the LGA which would result from the proposed development

o The appropriate location of the Subject Site for accommodating the proposed bulky goods uses;

o Ensuring that a new retailer not currently represented in the trade area is allowed to enter the market;

o Reducing the need for residents to travel to access bulky goods shopping facilities;

o Widening retail choice for local residents and supporting competition.” [p 10]

 

The Hill PDA 2012 report states:

“The Land & Environment Court has stated that councils should not be concerned about competition between individual stores as this is a matter of fair trading. But it should concern itself with impact on established retail centres. The impact on competing stores and businesses is only relevant if the viability of a retail centre as a whole is threatened due to a demonstrated nexus between the competitive stores and the other retailers within the retail centre. This principle is also established by the Draft Competition SEPP (2010) which stipulates that impacts upon individual retailers are a matter of competition only.”  [p 4]

 

The Hill PDA 2013 report states:

“Importantly Council can still approve the subject application even if there is an oversupply. This is because various court judgements have stated unambiguously that oversupply is not a directly relevant matter for determination (see Stadurn v Blacktown City Council). It is only relevant if it has consequences that affect economic impact in the locality.

We believe that Council should not delay the rezoning of the John Oxley Drive site to permit the Masters store on the grounds of economic impact …”[p 4]

 

Conclusion

 

The proposed rezoning is consistent with the retail policy established in the Port Macquarie-Hastings Urban Growth Management Strategy 2011.  The subject site generally meets the locational criteria for bulky goods retail and is within the investigation area nominated for investigation for bulky goods retail in the Strategy.

 

The site itself has a total area of approximately 4.8ha and the concept development for the site represents full development of the site, allowing for parking and access requirements.  It is therefore concluded that the proposal, if supported by Council, will accommodate the total projected increase in demand in bulky goods retail to 2031. 

 

Whilst staging of the development has been contemplated by the proponent, the first stage in the concept development is a Woolworths Masters, which has a floor area of 13,500sqm.  It should therefore be expected that the supply of bulky goods retail would increase in substantial components, as shown notionally in the graph above.

 

The proponent has offered to enter into a planning agreement in relation to the resolution of traffic impacts.  The proposed solution includes an offer that there would be no commencement of use until “Council is satisfied that suitable arrangements are in place for the future upgrade of the Oxley Highway/Wrights Road/John Oxley Drive intersection”. 

 

This has inherent risk for the proponent and for Council that a satisfactory solution will not be found to upgrade the Wrights Road intersection and that arrangements for development will have substantially progressed. 

 

The proposed staging of development and site access has implications for pedestrian access across although it appears that all other potential impacts on adjoining residents are able to be satisfactorily ameliorated with appropriate LEP and DCP provisions and in the assessment of subsequent development applications.

 

In conclusion, it is recommended that Council defer a decision on whether to proceed with the proposed local environmental plan and development control plan amendments pending further consultation with the RMS.

 

Options

 

The following options can be considered by Council:

 

1.    Proceeding to finalisation of Planning Proposal and LEP amendments

 

This would involve:

a)    possibly in the first place negotiations to prepare and finalise a Planning Agreement in relation to road infrastructure upgrades (and compliance with DCP provisions),

b)    then submitting the draft LEP (with the adjustment to proposed height limits) to the Minister’s delegate, with the risk that the delegate may not support the LEP at this time, given the RMS position, and

c)    adoption of DCP amendments for the site.

 

2.    Refusal of Planning Proposal

 

This could be on grounds relating to the unresolved intersection problems at Wrights Road, impacts on adjoining resident and/or concerns over the amount of proposed bulky goods retailing.  Such a decision would leave the future of the site unresolved within the context of the John Oxley Drive Structure Plan.  The site has approval as a caravan park and this is itself an intensification of the current use of the site, with access implications.  Note: the traffic generation of the former caravan park was included in the traffic modelling undertaken by the RMS.

 

3    Further Investigations

 

Council has resolved to seek a response to Council’s resolution of 20 November 2013 through Leslie Williams, State Member for Port Macquarie, from the Hon. Duncan Gay, NSW Minister for Roads and Ports, requesting that the NSW State Government upgrade the Wrights Road/ Oxley Highway intersection as an urgent priority. A letter has been sent in accordance with this resolution.

 

Correspondence has also sought further comment from the RMS in relation to the TTM report, as discussed in this report.

 

Depending on the outcomes of this consultation, Council could also proceed with the preparation of a draft planning agreement, and undertake community consultation in relation to the draft agreement prior to a further report to Council.

 

On balance, given the level of uncertainty that remains in relation to the intersection, it is recommended that Council defer decisions on finalisation of this rezoning pending an appropriate response from the State Government.

 

Community Engagement & Internal Consultation

 

The proposed changes to the planning controls were exhibited from 19 April to 17 May 2013.  Following are the issues raised in the public comments received, together with staff responses.  Copies of the submissions are in Attachment 9.

 

The key issues raised are discussed in more detail earlier in the report, under the subheadings of:

·    Traffic impacts

·    Impacts on Sienna Grange

·    Economic impacts

 

Submissions

1.  Varga, E & F (residents of Sienna Grange)

1.  The Bulky Goods building height should be limited to maximum 8.5m, to reduce impact on Sienna Grange.

2.  The Bulky Goods building wall/s facing Sienna Grange:

a)  should not be permitted to have any signage, advertising and similar displays, be they of the painted, illuminated or neon varieties.

b)  should not be left in their natural cement panel colour.

c)  should be coloured by permanent methods such as glazed, coloured clay and similar in/over-lays.

3.  Roof Mounted Air Conditioners and Other Equipment on the Bulky Goods & Other Buildings on the site should be fully encased in visually appealing and in sound absorbing solid enclosures which hide such equipment from view and aurally.

4.  Car park & Security Lights should be the 'full cut-off' down-light types with no 'up-lighting' being used.

5.  Noise Assessments/Measurements should include allowance for the reflectivity of the existing Oxley Highway noise barrier facing Sienna Grange.

6.  Access by trucks to loading bays/car park be restricted and enforced after hours.

7.  After hours access to car park/s by the general public should be prevented.

8.  Concern that as traffic volumes increase on John Oxley Drive, such a development next door will adversely impact on being able to enter and exit Sienna Grange, even with traffic lights.

Response:

1.  Agree in principle, but what is important is how bulky the building appears from Sienna Grange - the proponents may need the limit to be higher for another part of the building. (Refer to point 3 of the submission from King & Campbell.)  Discussed further earlier in report.

2.  The development assessment, will address this, based on the Zone Objectives, and (current) DCP provisions.

3.  This will be addressed at DA stage, based on current and proposed DCP provisions.

4.  This will be addressed at DA stage.

5.  This would be covered by a professional assessment.

6.  The proponents have foreshadowed that, and this can be a consent condition.

7.  As in 6 above.

8.  This will be addressed at DA stage

2.  Australian Unity Retirement Living Services (Owners of Sienna Grange Retirement Village)

1.  Have previously raised concerns regarding likely impacts such as traffic management, noise, overshadowing, privacy, light pollution, bulk and scale, safety, deliveries, operational times and security.

2.  Understand that many of these issues cannot be addressed in the DCP.

3.  Australian Unity feels both Council and PMQ Investments understand these likely impacts and measures can be taken to overcome these concerns.

4.  Emphasize the importance for Council to adopt a traffic management strategy for John Oxley Drive that is safe and conscious of Sienna Grange residents (who are significantly more sensitive of road conditions than others):

a)  the safety of residents entering and leaving their property both in the short term and long term.

b)  adequate road upgrades need to be identified and planned for construction in the short term, rather than placing them into the long term strategy.

c)  consideration needs to be given to the significant increase to traffic not only from the Bulky Goods development, but also for the pending development of the university.

d)  Council recognise their responsibility to adopt and implement the construction of a safe refuge crossing across John Oxley Drive to aid in the safe crossing for the public.  PMQ Investments are dedicated to providing this for Sienna Grange residents in consultation and conjunction with Council. It is therefore requested that a formal inclusion be added within this proposal or as a condition under the development consent.

5.  Request that the height allowance for a section along the Sienna Grange boundary be reduced to 8.5m to reduce any future likely development impacts.

Response:

1.  Noted.

2.  Confirm.  There will be a further opportunity for public input at DA stage.

3.  Confirm.

4.  This is being addressed, with final details handled at DA stage.

5.  Agree -  change to proposed LEP HOB map (discussed in report).

3.  Minedor Development Managers

1.  Why is the site being rezoned in isolation to other properties within the Structure Plan, especially when it comes to unresolved traffic issues? Shouldn't the precinct be considered as a whole so that issues such as traffic are resolved up front?

2.  How can any interested party comment on a proposal that is incomplete?  The traffic modelling that is yet to be completed may cause Council to consider significant changes to John Oxley Drive and any potential change should be demonstrated up front so that interested parties can provide comment.

3.  The proposal includes a number of references to a lack of appropriately zoned land which is nonsense when you look at the number of vacant properties or blocks in areas that are already zoned for this use. The proponent will say it is too difficult to consolidate a site for this purpose but Council are simply being pushed to allow a 'cheap-fix' solution which is resulting in a poor planning outcome.

4.  The planning proposal notes that "The site is not identified in the Mid North Coast Regional Strategy 2006-31 for urban uses". Given the MNCRS is up for review in the near future, this site should be considered at that time. There remains significant area shown in the MNCRS as "investigation areas" and they remain zoned Rural, but for some unexplained reason, this property gets to "jump the queue" so to speak. The whole of the John Oxley Drive precinct should be made wait for the review of the MNCRS.

5.  This rezoning is:

a)  not in a suitable location;

b)  does not protect existing employment land; &

c)  does not support identified strategic centres.

6.  No view analysis has been undertaken for a site that is adjacent to the major entry to Port Macquarie. This should be undertaken now and exhibited with all the other material especially given the uses for the development appear to be fixed.

7.  With respect to the Voluntary Planning Agreement the report notes that "The terms of the offer are general at this stage": This is an inappropriate risk to Council acting on behalf of the public. The roads and access arrangements need to be resolved, so that a detailed offer can be provided, upon which the public can then comment if they feel it necessary. This is an inappropriate process.

8.  RMS suggests a wider model for the precinct, suggesting:

a)  a network traffic model be developed;

b)  options for access be developed; &

c)  the supporting "traffic study" take into account the above.

The Gateway Determination also requires a Traffic Study be completed and exhibited so when will this occur or is the exhibited TTM work the only traffic related material that will be exhibited?

9.  Page 10 of the TTM traffic report provides for a signalized intersection for a single property. This is not an equitable outcome for the broader community and the better result for the community is a median from Oxley Highway to Wrights Road with the developer rebuilding the Wrights Road roundabout. In addition, if the traffic coming off the Oxley Highway roundabout is significant then the signals could potentially cause queuing across this major roundabout and hamper traffic generally and critical hospital traffic.

10. The Macro Plan Dimasi Economic Report:

a)  notes that this proposed Masters would serve Taree but Taree is getting its own Masters.

b)  notes that development would provide a buffer to the Oxley Highway for surrounding residential development but this is already done by way of noise walls and all this new development will do is "dump" more traffic on the doorstep of surrounding residential areas, meaning more not less noise.

c)  misrepresents the likelihood of various unrepresented bulky goods brands coming here.

Response:

1.  Traffic issues are being addressed at a precinct level.  This site can be developed independently of solutions to the other precinct-level issue.

2.  The main studies and report in relation to the proposal were exhibited in April 2013.  Subsequent investigations in relation to traffic have been detailed in the report to Council in November 2013.  There has been no substantive change to the draft LEP and DCP provisions to warrant re-exhibition.

3.  The survey by Council of existing bulky goods retail confirms that a range of other non-bulky goods uses exist in the current B5 zones.  These uses also need larger site and cannot relocate.

4.  This selective quote (from page 22) is taken out of context, and the site has Department of Planning and Infrastructure approval as a variation to Council’s UGMS, based on the adopted John Oxley Drive Precinct Structure Plan.

5.  The investigation of the subject land for bulky goods retail is consistent with Council’s adopted Urban Growth Management Strategy and the John Oxley Drive Precinct Structure Plan.  Bulky goods retailing cannot be readily accommodated within existing employment lands, or the CBD.

6.  It is premature to require a view analysis when there is no final design.  The proposed DCP provisions specifically identify this as a DA consideration.

7.  This issue is addressed in the traffic impact section of this report in which the general nature of the proposed planning agreement is acknowledged.  The primary risk being borne by the proponent.  Final approval from Council for the rezoning will be subject to exhibition of any planning agreement.

8.  Refer points 1 & 2 above.  The traffic investigations have been undertaken with the support of the RMS and with RMS specialist input.

9.  Traffic management solutions need to be made on merit having regard to the specific issues affecting the locale.  The proposed site intersection access would also have advantages in terms of pedestrian access.

10. The review by Council’s consultants didn’t consider this of significance.

4.  GLN Planning Pty Ltd (on behalf of Sovereign Hills Project Pty Ltd)

A copy of this 38 page submission was also submitted by Hopkins Consultants Pty Ltd.

[Part 1 of the submission is an introduction to the following parts, and is not reviewed. As this Part 6 is considered to be the key part of this detailed submission, it is listed first]

6.  Economic and Retail Impacts

6.1  An assessment has been prepared on the economic and retail impacts of the proposed rezoning of 20,000 m² of land to allow for hardware and bulky goods development. This assessment (attached as an appendix to the submission), is based on the economic grounds presented in the MacroPlan Dimasi EIA and by the Hill PDA report. In summary, Norling Consulting notes that the planning proposal should be rejected for the following reasons:

       a)  There is no need for the proposal, due to the available (undeveloped) supply of sufficient B5 zoned land already provided.

       b)  The proposed rezoning will create fragmentation of the existing three bulky goods centres and it not situated within an existing centre.

       c)  The planning proposal contradicts objectives and targets set out within MNCRS & UGMS (detailed in part 4 above).

       d) The MacroPlan Dimasi EIA has a number of oversights that weaken the reliability of the report including [points mentioned above] and understated turnover impacts and overstated demand for bulky goods growth.

       e)  The Hill PDA review has significantly misinterpreted the role of Thrumster town centre by:

·   ignoring its strategic and central location,

·   incorrectly limiting its catchment to the local area (10,000 - 11,000 people).

·   ignoring the 9 ha of B5 zoned land,

·   overlooking the catalyst role of early development at Thrumster Town Centre to attract employment and other development (including residential) to create the vibrant town centre.

       f)  Thrumster is considered a more adequate site for bulky goods retailing due to its strategic location being central to the new community at Thrumster, not being situated within flood prone land and already having provision for infrastructure investment to accommodate development now without the need for any rezoning.

Response:

In essence this submission is arguing that given over 9 ha of land zoned B5 at Thrumster Town Centre, there is no need for further land to be zoned for bulky goods retailing.  The submission is trying to prevent competing bulky goods retailing being established, in order to protect the development potential of the Thrumster site.

The release of urban land in the 2008 rezoning contained a specific restriction on the Thrumster Town Centre, limiting the gross floor area for all bulky goods premises to 5,000 sq m (and individual premises to less than 250 sq m).

This was based on a retail study for Council that saw it as important to protect the retail hierarchy by limiting how much retail development occurred at Thrumster.

Within the Thrumster there is 9 ha of B5 land, and a total of 29 ha of business zoning (incl roads) with caps on the gross floor area of shops and bulky goods premises as a means to provide flexibility while allowing a mix of land uses.  The cap is a signal that the land so zoned is not intended to all be developed as retailing.

The retailing study prepared in conjunction with UGMS took into account the limits for retailing at Thrumster, and recommended additional bulky goods retailing in the Wrights Road to Phillip Charley Drive precinct, rather than a lifting of the restriction at Thrumster.

In August Council resolved to reduce the area of land zoned B5 at Thrumster to 5,000 sq m.

4.  GLN Planning Pty Ltd - continued

2.  Independent Review of Economic Impact Assessment (EIA)

2.1  DP&I required an independent review of the economic impact assessment (EIA) prepared by MacroPlan Dimasi.

2.2  Council has engaged Hill PDA to:

       a)  prepare the Port Macquarie-Hastings Retail Strategy (2010), which was incorporated into Council’s Urban Growth Management Strategy 2011-2031, and which proposed bulky goods retailing in this precinct,

       b)  review the economic aspects of submissions on the draft UGMS,

       c)  review the economic aspects of submissions on the draft John Oxley Drive Precinct Structure Plan.

2.3  Therefore “it would be difficult to conclude that Hill PDA’s involvement falls within the intent of the DPI’s requirement for an independent reviewer in relation to the proposed spot rezoning.”

Response:

An independent review means by a qualified party not associated with the proponent.

Hill PDA have the background knowledge of the local retailing hierarchy and strategy, and are best placed to review a proponent’s submission, without having to start from scratch. 

4.  GLN Planning Pty Ltd - continued

3.  Zoning

3.1  Guidelines in relation to the location of bulky goods outlets is outlined within The Right Place for Business and Services – Planning Policy which was prepared by Transport NSW and NSW Department of Urban Affairs and Planning (DUAP) in 2001. This policy identifies that bulky goods outlets should and can be located within centres. Further it states ‘when it is not realistic for bulky goods outlets to be in centres, they should be located in one or two regional clusters to help moderate travel demand and allow for public transport accessibility’.

3.2  The LGA has three (3) large bulky goods zone clusters located in the Lake Road Precinct, Hastings River Drive and at Thrumster (9 ha undeveloped to date). The proposed spot rezoning to B5 would be inconsistent with the objective of limiting bulky goods outlets to a small number of clusters noting the significant amount of B5 zoned land already available.

3.3  A significant side effect of rezoning this site would be the additional trips generated by users travelling between various sites to access services and facilities which should be clustered. This places an unnecessary demand on safety, amenity and the use of local roads.

3.4  The Right Place for Business and Services – Planning Policy identifies criteria for the justification for any new cluster). An assessment of the proposed spot rezoning has been assessed against these guidelines shows it doesn’t comply.

3.5  Several times Hill PDA have recommended to Council that it cap bulky goods retailing at Thrumster at 5,000 m² on 9 ha of land zoned B5.  Hill PDA also acknowledge that this will be insufficient to meet long term demand, and support the new ‘out of centre’ site, rather than recommend a review of the cap at Thrumster.

3.6  The proposed rezoning will provide almost all of the 24,000 m² bulky goods floor area required for the next 20 years.

3.7  The proposed major anchor (Masters Home Improvements) will undermine the uptake of bulky goods retailing at other locations.

Response:

3.1  The Policy states the ideal. Given the local topography, the pattern of land use and fragmentation, and limited availability of relatively unconstrained land around Port Macquarie, the subject land has been nominated as part of an area for bulky goods retail investigation in the Port Macquarie-Hastings Urban Growth Management Strategy.  The proposed site meets the location criteria for bulky goods retail in the UGMS, including good accessibility, exposure and a central location.

3.2  The important role of the existing B5 Business Development zoned areas for bulky goods is acknowledged in the UGMS.  However, the capacity of these areas to accommodate growth in bulky goods retail is limited.  The survey by Council of existing bulky goods retail confirms that a range of other non-bulky goods uses exist in the current B5 zones.  These uses also need larger site and cannot relocate.

3.3  This site is located near the existing Lake Road B5 Business Development zone in a central location for existing and proposed future urban growth in Port Macquarie. 

3.4  See 3.1 above.

3.5  This is addressed in the discussion on Issue 3 Economic Impacts in this report and in the report to Council on the Thrumster Town Centre in August 2013.  A limit on bulky goods retail is proposed at Thrumster in conjunction with a local centre for the surrounding residential population.

3.6  This is addressed in the discussion on Issue 3 Economic Impacts in this report.  It is acknowledged by Hill PDA that the supply of bulky goods retail in the Port Macquarie-Hastings would exceed projected demand in the period to 2031 if the proposed development proceeds.  Hill PDA recommend that Council should not delay the rezoning of the John Oxley Drive site to permit the Masters store on the grounds of economic impact.

3.7  This is addressed in the discussion on Issue 3 Economic Impacts in this report.  The potential competition with existing bulky goods businesses in existing B5 zones is acknowledged.

4.  GLN Planning Pty Ltd - continued

4.  Planning controls

4.1  The LEP controls for Thrumster are explicit about restricting development to ensure primacy of retailing centres including bulky goods. The proposed planning controls do not provide for any floor space controls which would address the issue of primacy within retailing centres. This approach is considered to be inconsistent with the approach taken at Thrumster and does not ensure the scale is appropriate in the context of the retail hierarchy.

Response:

4.1  The subject site has limited capacity due to site area and adjoining land uses.  Bulky goods retail requires large floor areas and at grade parking and the maximum capacity for bulky goods development of the site is expected to be around 24,000sqm, as shown in the development concept for the Masters proposal.

4.  GLN Planning Pty Ltd - continued

5.  Inconsistency with Strategic Policies

5.1  The Mid North Coast Regional Strategy [MNCRS] (2009) provides a clear regional strategy which guides local planning policies and identifies that new urban release areas will be developed at Thrumster and Lake Cathie - Bonny Hills.

5.2  The MNCRS makes no reference to the proposed new out of town centre at JOD Precinct and does not identify it as either a future urban release area or for proposed employment lands.

5.3  The MNCRS specifically identifies one of the main economic challenges being to ‘support the creation of additional service jobs by supplying adequate and well located commercial and industrial floor space within centres’.

5.4  Given the 9 ha of undeveloped land for bulky goods, the proposed spot rezoning contradicts the above objective of the MNCRS.

5.5  Any proposed amendments to the MNCRS should be considered holistically in terms of their impacts across region and not simply on a site by site basis.

5.6  Question consistency with Port Macquarie-Hastings Urban Growth Management Strategy [UGMS] (2011-2031):

       a)  “To maintain and enhance the present hierarchy of retail centres throughout the Port Macquarie Hastings LGA.”

       b)  “To encourage new retail development to occur within the existing identified Commercial Business Districts of the LGA (Port Macquarie CBD, Laurieton and Wauchope).”

       c)  “New retail centres to be restricted to Area 13 (Thrumster) and Area 14 (Bonny Hills).”

       d)  “Assessment of new retail development and rezoning applications require … i. An assessment of the impact of the proposal on existing and proposed/approved retail centres.”

5.7  In relation to the John Oxley Drive Precinct Structure Plan (2012):

       a)  rezoning is pre-emptive, as it was lodged prior to adoption of the Structure Plan.

       b)  the proposed rezoning should address the combined effect of the 3 business investigation sites within the precinct, incl impacts on existing retail hierarchy, economic viability of other centres, traffic and flooding.

       c)  The cumulative impact of the 3 business investigation sites within the precinct will undoubtedly have a negative impact on existing centres in the LGA.

       d)  The flooding and traffic reviews have also been localised to site specific impacts which is an inadequate approach in reviewing the likely and potential impacts of the JOD precinct as a whole which would have, for example, cumulative impacts in relation to overall fill levels on flooding, trip generations and access points.

Response:

5.1  Agree.

5.2  Agree.

5.3  Agree.

5.4  As discussed above, there is a 5,000sqm cap on bulky goods development in the Thrumster B5 zone and limited capacity within existing B5 zones.

5.5  The investigations in the John Oxley Drive Precinct have been undertaken in accordance with the Port Macquarie-Hastings Urban Growth Management Strategy and have been endorsed by the Department of Planning & Infrastructure.

5.6  As above.  The UGMS proposed “33. Consider potential for bulky goods development at Lindfield Park Road and between the old and new Oxley Highway alignments.”

       The Department of Planning and Infrastructure approved the John Oxley Drive Precinct Structure Plan (which includes this proposal) as variation to UGMS.

5.7  The Structure Plan identifies the proposed future land use pattern, without specifying the timing - there is no need to assess the combined impacts of the 3 business investigation sites unless it was proposed to rezone them simultaneously.  The business investigation label does not presume that all the sites will be rezoned for retailing, particularly in the short term.

       Council staff deliberately focussed on finalising the Precinct Structure Plan prior to any actions on the rezoning submission, which was put aside until then.

       Council and the RMS have been considering the traffic impacts at the precinct level.  The impacts on flooding from this site can be considered on a site-specific basis.

4.  GLN Planning Pty Ltd - continued

[Part 6 of this submission is reviewed prior to Part 2]

7.  Traffic

7.1  An assessment of the traffic impacts has been prepared by Cardno (attached as an appendix to the submission) which identifies that further traffic analysis needs to be undertaken as follows:

       a)  Establishing robust forecast flows and network assignments for all relevant future scenarios (with and without the duplication of John Oxley Drive).

       b)  Network impact assessment as a result of development generated traffic particularly at the proposed site access and the Oxley Highway / John Oxley Drive roundabout, given its proximity.

       c)  Separate access arrangements in relation to the general public and heavy commercial vehicles in order to improve operational safety and efficiency.

       d)  The parking provision and traffic generation rates used are considered insufficient for preliminary assessment. Parking and traffic generation would need further review at the detailed DA stage.

Response:

7.1  The RMS assessment had already identified the need for traffic impacts to be assessed on a wider perspective.  That wider assessment has been thoroughly prepared, and is also addressed in this report.

       Note the comments about some aspects needing further information and consideration at DA stage.

4.  GLN Planning Pty Ltd - continued

8.  Flooding

Note: The subject site is marginally affected by the Probable Maximum Flood (PMF), Flood Planning Area (FPA) and the 1% Annual Exceedance Probability (AEP).

An assessment of the flooding impact by Cardno identifies the following issues with the Flood Impact Assessment prepared by Worley Parsons (2012):

8.1  This is a ‘mainstream’ flooding assessment only.

8.2  No modelling has been undertaken in relation to this assessment.

8.3  A scenario based on 100 year ARI inflows from the local catchment (during a far shorter storm burst duration than adopted for the lower Hastings River) in combination with a flood level on the lower Hastings River floodplain e.g. a 10 -20 year ARI event has not been considered.

8.4  The statement by Worley Parsons that ‘although the new highway bisects the floodplain, the design incorporates a number of substantial culverts and cross-drainage structures that will allow floodwaters to ‘fill-up’ those floodplain areas that appear to be ‘cut-off’ by the highway’ does not appear to be supported by any calculations or any reporting of the size of the culverts and cross-drainage calculations.

8.5  On the basis that a ‘bath tub’ scenario only has been reported it is expected that the peak flow velocities in the subject site would be minimal and the flood hazard will be governed by flood depth only.

8.6  The flood hazard categories adopted by Worley Parsons do not align with the provisional flood hazard categories given in the 2005 Floodplain Development Manual.

8.7  If as stated, the 100 year ARI flooding is the adopted benchmark then why have the flood characteristics for the Year 2012 only been presented and not the benchmark conditions?

8.8  The conclusion that the planned filling will have negligible impact simply follows from the underlying assumption that the site is partially located in a ‘bath tub’. Under these circumstances any partial filling of the ‘bath tub” has nil or minimal impact on peak flood levels or velocities.

8.9  While the number of permanent residents living on flood affected land is reduced it is unclear if there will be a greater number of visitors to the development and when the likelihood of a proportion of residents away from their homes during work hours and the permissible hours of trading for the intended development are considered whether it would be concluded that the Population at Risk will actually increase.

Response:

8.1  The Flood Impact Assessment only addresses flooding as a result of rising water from the Hastings River. The Stormwater Drainage Assessment Report (February 2013) prepared by King & Campbell Pty Ltd has addressed overland flow events of varying ARI’s in combination with river flooding events of various ARI’s.

8.2  Very low velocities (backwater) in the order of 0.01m/s, are unlikely to materially change with new model development.

8.3  Refer to 7.1 above.

8.4  This is unlikely to have any adverse impact for or from this development.

8.5  For this site, filling on the edge of land subject to backwater flooding is the focus.

8.6  Agree, however, the provisional hazard category in accordance with Figure L2 can be altered based on other flood factors such as, effective warning time, rate of rise of floodwaters and effective flood access.

8.7  The mapped results have been presented for the 1:100 Yr (current) event, however the 1:100 Yr (2100) event results are discussed regularly throughout the report. The flood planning levels discussed are correctly utilising the 2100-based event for internal and external areas.

       The Stormwater Drainage Assessment Report has addressed overland flow events of varying ARI’s in combination with lower Hastings River flooding of varying ARI’s.

8.8  Refer to 8.5 above.

8.9  Disagree. Characteristics of the development such as, Low Hazard categorisation, availability of adequate evacuation routes, an effective warning time prior to inundation and being non-habitable, equate to a reduced risk.

5.  King & Campbell P/L (on behalf of PMQ Investments Pty Ltd, the Proponent)

1.    Support the proposed B5 Business Development zone for the development site.

2.    Support the proposed minimum lot size of 1.5 ha.

3.    Support the proposed maximum building height limit of 11.5m.  In relation to the proposed bulky goods building the roof height will be around 8m above finished ground level, but will be over 8.5m above ground level (existing) as defined by the LEP controls.

 4.   The proposal is consistent with the Mid North Coast Regional Strategy 2006-31: significant positive economic benefits in relation to additional jobs, economic development and investment, the entry of a new retailer not currently represented in the trade area and the associated widening of retail choice for local residents.

5.    The proposal is consistent with Council’s Urban Growth Management Strategy 2011-2031, which identified the John Oxley Drive Precinct as one of the sites suitable for investigation for bulky goods retail development.

6.    The proposal is consistent with the John Oxley Drive Precinct Structure Plan, adopted by Council in July 2012, which was an outcome of the above UGMS, and which recommended the first stage LEP for the precinct be located at 18 John Oxley Drive.