Ordinary Council

 

Business Paper

 

date of meeting:

 

Wednesday 20 September 2017

location:

 

Council Chambers

17 Burrawan Street

Port Macquarie

time:

 

5.30pm

 


Community Vision                                  A sustainable high quality of life for all

 

 

 

 

Community Mission                               Building the future together

                                                                  People Place Health Education Technology

 

 

 

 

Council’s Corporate Values                  é   Sustainability

                                                                  é   Excellence in Service Delivery

                                                                  é   Consultation and Communication

                                                                  é   Openness and Accountability

                                                                  é   Community Advocacy

 

 

 

 

Community Themes                               é  Leadership and Governance

                                                                  é  Your Community Life

                                                                  é  Your Business and Industry

                                                                  é  Your Natural and Built Environment

 


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)

·           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 on an Agenda Item’ form

·           Request to Speak in the Public Forum’ form

 

These can be obtained from Council’s Offices at Laurieton, Port Macquarie and Wauchope or by downloading it from Council’s website.

 

Requests can also be lodged on-line at:

http://www.pmhc.nsw.gov.au/About-Us/How-Council-Works/Council-Committee-Meetings/Request-to-speak-on-an-Agenda-Item

 

http://www.pmhc.nsw.gov.au/About-Us/How-Council-Works/Council-and-Committee-Meetings/Request-to-speak-in-a-Public-Forum

 

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

 

·           Council will permit no more than two (2) speakers ‘in support of’ and two (2) speakers ‘in opposition to’ the recommendation on any one (1) Agenda Item.

·           A maximum of five (5) speakers will be heard in the Public Forum.

·           There is no automatic right under legislation for the public to participate in a Meeting of Council or a Committee of Council.

·           For a member of the public to be considered to address Council they must agree to strictly adhere to all relevant adopted Council Codes, Policies and Procedures at all times.

·           Consideration of items for which requests to address the Council Meeting have been received will commence at 5:30pm.

·           When your name is called, please proceed to the Council Table and address Council.

·           Each speaker will be allocated a maximum of five (5) minutes to address Council. This time is strictly enforced.

·           Councillors may ask questions of a speaker following an address.  Each answer, by the speaker to a question, is limited to two (2) minutes.  A speaker cannot ask questions of Council.

·           An Agenda Item will be debated by Council following the address.

·           Council will not determine any matter raised in the Public Forum session, however Council may resolve to call for a future report.

·           If you have any documentation to support your presentation, provide two (2) copies to Council by 12 noon on the day of the Meeting.

·           If a speaker has an audio visual presentation, a copy of the presentation is to be provided to Council by 12 noon on the day of the Meeting.

·           The following will not be considered in the Public Forum (in accordance with the Code of Meeting Practice, clause 2.14.14):

-         Proposed or current development and rezoning applications and related matters.

-         A third (3rd) or subsequent application by a single member of the public to address Council on the same issue in the same calendar year. Council, at its discretion, may elect to exempt representatives or members of community groups from this restriction.

-         Any formal procurement process, contract negotiation or dispute resolution being undertaken.

-         Any matter the General Manager (or their delegate) considers inappropriate for discussion in the Public Forum.

·           Council accepts no responsibility for any defamatory statements made by speakers.

·           Members of the public may quietly enter and leave the Meeting at any time.

 


Ordinary Council Meeting

Wednesday 20 September 2017

 

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..................................................................................... 28

06           Mayoral Minute

06.01..... Mayoral Discretionary Fund Allocations.............................................. 32

07           Confidential Correspondence to Ordinary Council Meeting................................. 33

08           Public Forum................................................................................................... 34

09           Leadership and Governance........................................................................... 35

09.01..... Creation of Office of Deputy Mayor................................................... 36

09.02..... Status of Reports From Council Resolutions....................................... 40

09.03..... Council Meetings Dates for 2018........................................................ 46

09.04..... Funding Applications for Stronger Country Communities Fund and Regional Cultural Fund................................................................................................. 48

09.05..... 2017 Local Government NSW Annual Conference................................ 54

09.06..... Question from Previous Meeting - NSW Government Funding.............. 57

09.07..... Question from Previous Meeting - Director Infrastructure Position........ 60

09.08..... Property Investment Policy................................................................ 61

09.09..... Investment Policy -  Review and Rating Agency Downgrade................ 63

09.10..... Investments - August 2017................................................................. 68

09.11..... Monthly Financial Review for August 2017.......................................... 78

09.12..... Six Monthly Delivery Program 2013-2017 - Progress Report (January to June 2017)........................................................................................................ 82

09.13..... Payment of Water Fund Dividend for the Year 2015-2016.................... 89

09.14..... Financial Assistance Grants............................................................... 92

09.15      Question From Previous Meeting - Financial Reserves Review............. 95

09.16..... Recommended Item from Audit, Risk and Improvement Committee - Legislative Compliance 2016-2017....................................................................... 96

09.17..... Recommended Item from Audit, Risk and Improvement Committee - Audit, Risk and Improvement Committee Annual Report 2016-2017.............................. 97

09.18..... NSW Crown Land Negotiation Program - Expression of Interest........... 98

09.19..... Land Classification - Land Acquisition for Expansion of the Hollisdale Rural Fire Service............................................................................................ 102

09.20..... Compliments and Complaints Annual Report 2016-2017..................... 104

10           Your Community Life................................................................................... 108

10.01..... 8th Handa Dashi Float Festival and 80th Anniversary of Handa City, Japan      109

10.02..... Question From Previous Meeting - Leash-Free Dog Parks.................. 111

10.03..... Recommended Items from the Mayor's Sporting Fund Sub-Committee - August 2017 Meeting........................................................................................... 114

10.04..... Annual Report of the Activities for the Mayor's Sporting Fund 2016-2017 115

11           Your Business and Industry

              Nil

12           Your Natural and Built Environment............................................................. 118

12.01..... DA2016 - 701 - Seniors Housing Aged Care Facility Including Clause 4.6 Objection To Clause 4.3 (Height Of Buildings) And Clause 4.4 (Floor Space Ratio) Of The Port Macquarie-Hastings Local Environmental 2011 - 1 Highfields Circuit, Port Macquarie....................................................................................................... 119

12.02..... DA2017 - 342.1 New Dwelling Including Clause 4.6 Objection To Clause 4.3 (Height Of Buildings) Of The Port Macquarie-Hastings Local Environmental Plan 2011 - Lot 271 DP 831575, 14 Coastlands Place, Port Macquarie................................... 162

12.03..... DA2017 - 414.1 Alterations And Additions To Dwelling And Construction Of Swimming Pool Including Clause 4.6 Variation To Clause 4.3 (Height Of Building) Of Port Macquarie-Hastings Local Environmental Plan 2011 - Lot 266 DP236277, No 13 The Summit Road, Port Macquarie.......................................................... 166

12.04..... DA2017 - 444.1 Dwelling Including Clause 4.6 Variation To Clause 4.3 (Height Of Buildings) Of The Port Macquarie Hastings Local Environmental Plan 2011 - Lot 41 DP 285493, 30 Birramel Drive, Dunbogan .............................................. 169

12.05..... Question from Previous Meeting - DA - Woolworths Food for Less Building    172

12.06..... Question from Previous Meeting - Tree Management......................... 174

12.07..... Thrumster Local Orders Policy ......................................................... 176  

13           Questions for Next Meeting

14           Confidential Matters

Motion to move into Confidential Committee of the Whole............................... 181

14.01..... T-17-38 Albert Street Bridge Replacement (Kendall)

14.02..... T-17-39 Bulli Creek Bridge Replacement

14.03..... T-17-44 Pipeline Design - Bonny Hills Reclaimed Water Mains

14.04..... T-17-14 Mulching of Greenwaste and Woodwaste

14.05..... EOI-17-10 Independent Member of the Town Centre Master Plan Sub-Committee

Adoption of Recommendations from Confidential Committee of the Whole

 


AGENDA                                                                                Ordinary Council      20/09/2017

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 16 August 2017 be confirmed.

 


MINUTES

Ordinary Council Meeting

                                                                                                                        16/08/2017

 

 

 

PRESENT

 

Members:

 

Councillor Peta Pinson (Mayor)

Councillor Lisa Intemann (Deputy Mayor)

Councillor Rob Turner

Councillor Michael Cusato (arrived late)

Councillor Sharon Griffiths

Councillor Peter Alley

Councillor Justin Levido

Councillor Geoff Hawkins

Councillor Lee Dixon

 

 

Other Attendees:

 

General Manager (Craig Swift-McNair)

Director of Corporate Performance (Rebecca Olsen)

Director of Development and Environment (Matt Rogers)

Acting Director of Infrastructure (Andrew Doig)

Director of Strategy and Growth (Jeffery Sharp)

Group Manager Governance and Procurement (Blair Hancock)

Governance Support Officer (Bronwyn Lyon)

Communications Manager (Andy Roberts)

 

 

 

The meeting opened at 5:30pm.

 

 

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 Greg Campion from the Grace Church delivered the Local Government Prayer.

 

Suspension of Standing Orders

 RESOLVED:  Levido/Hawkins

That Standing Orders be suspended to allow Item 09.01 to be brought forward and considered next.

carried:      8/0

For:   Alley, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

09.01  Oath or Affirmation of Office

RESOLVED:  Levido/Hawkins

 

That the Mayor take an Oath or Affirmation of Office before the General Manager.

carried:      8/0

For:   Alley, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

The General Manager invited the Mayor to take her choice of Oath or Affirmation as per the New South Wales Local Government Act 1993 requirement for her first Ordinary Council Meeting of her term of Council.

 

The Mayor took the Affirmation of Office.

 

The General Manager witnessed the Mayor taking her Affirmation of Office.

 

 

03       APOLOGIES

RESOLVED:    Griffiths/Alley

That the apology received from Councillor Cusato for his late arrival be accepted.

carried:      8/0

For:   Alley, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

04       CONFIRMATION OF MINUTES

RESOLVED:  Levido/Griffiths

That the Minutes of the Ordinary Council Meeting held on 19 July 2017 be confirmed.

carried:      8/0

For:   Alley, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

05       DISCLOSURES OF INTEREST

 

 

Councillor Alley declared a Pecuniary Interest in Item 12.04 - Site Specific LEP Amendments - Update, the reason being that the subject matter of this item includes LEP changes to a property immediately adjacent to property that is owned by the Anglican Church Property Trust, Diocese of Newcastle which holds that property for the benefit of the Anglican Parish of the Camden Haven, of which I serve as the Treasurer on the Parish Council.  These changes may result in a financial loss or gain to the Property Trust hence to the beneficial owner, the Anglican Parish of the Camden Haven.

 

Councillor Turner declared a Non-Pecuniary, Less Than Significant Interest in Item 09.07 – Smart Cities Conference, the reason being that Council is determining my attendance at the Smart Cities Conference.

 

Councillor Turner declared a Non-Pecuniary, Less Than Significant Interest in Item 09.17 - Notice of Motion - By Election For Popularly Elected Mayor - Section 276 (2) of the Local Government Act, 1993 - Detriment To Sitting Councillor Candidates, the reason being that Councillor Turner was a candidate at the Mayoral By-Election on 29 July 2017.

 

Councillor Griffiths declared a Non-Pecuniary, Less Than Significant Interest in Item 09.17 - Notice of Motion - By Election For Popularly Elected Mayor - Section 276 (2) of the Local Government Act, 1993 - Detriment To Sitting Councillor Candidates, the reason being that Councillor Griffiths stood as a candidate for the By-Election in July 2017.

 

Councillor Levido declared a Non-Pecuniary, Significant Interest in Item 12.04 - Site Specific LEP Amendments - Update , the reason being that Councillor Levido is a partner in the Port Macquarie law firm, Donovan Oates Hannaford Lawyers and acts for two of the property owners with respect to properties detailed in the report.

 

Councillor Levido declared a Non-Pecuniary, Significant Interest in Item 12.05 - LEP Amendments to Facilitate Two Proposed Road Closures, the reason being that Councillor Levido is a partner in the Port Macquarie law firm, Donovan Oates Hannaford Lawyers and acts for the owner of a property being the subject of the report.

 

Councillor Intemann declared a Non-Pecuniary, Less Than Significant Interest in Item 09.17 - Notice of Motion - By Election For Popularly Elected Mayor - Section 276 (2) of the Local Government Act, 1993 - Detriment To Sitting Councillor Candidates, the reason being that the motion seeks correction to an election procedure that applied in July at which Councillor Intemann was a mayoral candidate.

 

Mayor Pinson declared a Non-Pecuniary, Significant Interest in Item 14.02 - T-17-35 O'Neill's Bridge Replacement - Design and Construct, the reason being that Mayor Pinson owns a company who has had business dealings with one of the tender applicants.

 

 

Noting that Councillor Cusato declared a pecuniary interest in Item 09.08 later in the agenda, prior to Item 09.08 being heard.

 

 

06.01  Mayoral Discretionary Fund Allocations

MOTION:  Pinson

That the Mayoral Discretionary Fund allocations made by the Deputy Mayor for the period 6 July to 2 August 2017 inclusive be noted.

carried:      8/0

For:   Alley, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

07       CONFIDENTIAL CORRESPONDENCE TO ORDINARY COUNCIL MEETING

 

The General Manager confirmed that there was no confidential correspondence to the Ordinary Council Meeting.

 

 

08       PUBLIC FORUM

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

Ms Maria Don in regarding Council enacting a by-law in relation to rubbish bins on streets.

RESOLVED:  Alley/Dixon

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

carried:      8/0

For:   Alley, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

08.01     Enacting a By-Law - Rubbish Bins on Streets

Ms Maria Don addressed Council in regard to Council enacting a by-law to prohibit rubbish bins being left on streets for more than 24 hours post emptying and answered questions from Councillors.

 

 

Request to Speak on an Agenda Item

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

Item 12.04 – Mr Michael Kirkwood in opposition of the recommendation and in relation to property, 304 Ocean Drive, Lakewood.

Item 12.04 – Mr Jason Bignell in opposition of the recommendation and in relation to property, The Chimneys, Kew.

Item 12.04 – Ms Michelle Love in opposition of the recommendation and in relation to The Ruins Way.

Item 12.04 – Mr Geoff Brisby in opposition of the recommendation and in relation to Heritage Christian School.

Item 12.04 – Ms Geraldine Haigh in opposition of the recommendation and in relation to the Highway Service Centre.

Item 12.04 – Ms Geraldine Haigh in opposition of the recommendation and in relation to property, The Chimneys, Kew.

Item 12.07 – Ms Colleen Carmody in support of the recommendation.

Item 12.07 – Ms Kristy Quill in support of the recommendation.

 

RESOLVED:  Levido/Griffiths

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

carried:      8/0

For:   Alley, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

Suspension of Standing Orders

 RESOLVED:  Levido/Griffiths

That Standing Orders be suspended to allow Items 12.04 and 12.07 to be brought forward and considered next.

carried:      8/0

For:   Alley, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

12.04  Site Specific LEP Amendments – Update

 

Councillor Alley declared a Pecuniary Interest in this matter and left the room and was out of sight during the Council's consideration, the time being 5:50pm.

 

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 5:50pm.

 

The General Manager referred to the Code of Meeting Practice and in particular the number of applications to speak for this item in opposition to the recommendation.  He acknowledged that in allowing all applicants to speak was in breach of the Code of Meeting Practice however spoke to the unusual nature of this report which includes eleven different properties of which the applicants wish to speak about.

 

Mr Michael Kirkwood, representing the proprietor of 304 Ocean Dr, Lakewood, addressed Council in opposition to the recommendation and answered questions from Councillors.

 

Mr Jason Bignell, First National Kew, addressed Council in relation to The Chimneys, Kew and in opposition to the recommendation.

 

Ms Michelle Love, Love Project Management, addressed Council in relation to The Ruins Way and in opposition to the recommendation and answered questions from Councillors.

 

Mr Geoff Brisby, Principal Heritage Christian School, addressed Council in relation to the Heritage Christian School and in opposition to the recommendation.

 

Ms Geraldine Haigh, GEM Planning Projects, addressed Council in relation  to The Chimneys, Kew and in opposition to the recommendation and answered questions from Councillors.

 

Councillor Cusato joined the meeting, the time being 6:17pm.

 

 

Ms Geraldine Haigh, GEM Planning Projects, addressed Council in relation  to the Highway Service Centre and in opposition to the recommendation and answered questions from Councillors.

 

 

RESOLVED:   Intemann/Turner

 

That Council:

1.         Note the current status of the eleven site-specific planning proposals considered at the Ordinary Meeting of 15 March 2017 as described in this report.

2.         In relation to the requests to rezone land at Ruins Way Port Macquarie, Mumford Street Port Macquarie and Ocean Drive Lakewood, Council continue to assess these matters but notify the proponents that the proposals will be discontinued if the necessary information has not been submitted for Council to support a planning proposal by 16 February 2018.

3.         Commence investigation of three additional requests for site-specific planning proposals at High Street, Wauchope, the proposed Highway service centre, Sancrox, and The Chimneys at Homedale Road in Kew as part of Council’s strategic land use planning work program.

4.         Note the additional resource requirements placed on staff as a result of recommendations 2 & 3 above and allow the General Manager to resource this increased program appropriately.

5.         Commence the preparation of a Policy in relation to site-specific planning proposals within the Port Macquarie-Hastings LGA, to provide guidance regarding the roles and responsibilities of Proponents and Council in such matters.

6.         Request the General Manager to provide six monthly reports to Council on the progress of existing site specific planning proposals.

carried:      7/0

For:   Cusato, Dixon, Griffiths, Hawkins, Intemann, Pinson and Turner

Against:       Nil

 

Councillor Levido returned to the meeting, the time being 6:43pm.

 

Councillor Alley returned to the meeting, the time being 6:43pm.

 

 

12.07  Notice of Motion - Short Street Plaza Car Park, Port Macquarie

Ms Colleen Carmody addressed Council in support of the notice of motion and answered questions from Councillors.

Ms Kristy Quill addressed Council in support of the notice of motion.

 

RESOLVED:  Intemann/Alley

 

That Council request the General Manager:

1.    Write to the Member for Port Macquarie seeking latest information on any plans of the NSW Government and Crown Lands for the Plaza Car Park, Short Street, Port Macquarie and advocating for a high quality development of the site that preserves all the existing public car parking and integrates with the foreshore and adopted planning instruments.

2.    Attach relevant material to the letter including Council resolutions which directly relate to the site, such as:

a)    Council’s Expression of Interest, Item 8.01 Ordinary Council Meeting 4 February 2015 and attachments, which also documents public consultation.

b)    The public petition that accrued approximately 12,700 signatures, noting their concerns regarding the site.

c)    The resolution of the Ordinary Council Meeting 15 July, 2015 under Mayoral Minute which confirms the relevant planning instruments and principles of design which apply.

d)    News article Port Macquarie News, 7 September 2015 which reports the positions of the parties including an undertaking by the Member for Port Macquarie and the Minister for Lands to protect the public car parking spaces by a positive covenant.

e)    Council’s letter of 28 September 2015 to the NSW Government asking their intentions for the site.

3.    Schedule a Councillor briefing session to consider options for Council to progress this matter.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

Item - 09.01 Oath or Affirmation of Office - has been moved to another part of the document.

 

 

09.02  Status of Reports From Council Resolutions

RESOLVED:  Levido/Hawkins

 

That Council note the information in the Status of Reports from Council Resolutions report.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

09.03  Delegation of Authority to the General Manager

RESOLVED:  Cusato/Alley

 

That Council:

1.       Revoke all previous delegations of Functions to the General Manager.

2.       Delegate / sub-delegate to the General Manager of Port Macquarie-Hastings Council the Functions in accordance with the Instrument of Delegation to the General Manager, attached to this report as Attachment 1.

3.       From 16 August 2017 and ongoing, appoint one of: Director Corporate Performance, Director Development and Environment, Director Infrastructure, Director Strategy and Growth to act as General Manager if the General Manager is sick or otherwise absent from work on leave. Such appointment to cease upon the return to work of the General Manager or other resolution of the Council.

4.       Delegate to any person acting as General Manager pursuant to this resolution all the functions, delegations, and sub-delegations given to the General Manager by the Council.

5.       Pursuant to clause 213 of the Local Government Regulation 2005, delegate to the General Manager the authority to approve the abandonment of debts up to the amount of $2,500.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

09.04  Delegated Authorities - Certificate of Identification Issued Under the Swimming Pools Act 1992

RESOLVED:  Levido/Griffiths

 

That the seal of Council be affixed to the certificates of identification issued under the Swimming Pools Act 1992, for the following Council staff:

1.       Stuart Sinclair (Ranger)

2.       Emmalee Andrew (Ranger)

3.       Jack Grant (Ranger – Litter and Illegal Dumping)

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

09.05  Disclosure of Interest Return

RESOLVED:  Griffiths/Turner

That Council note the Disclosure of Interest returns for the following positions:

1.       Ranger (2 positions)

2.       Ranger (Litter and Illegal Dumping)

3.       Building Surveyor

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

09.06  Request for Leave of Absence - Mayor Peta Pinson

MOTION

MOVED:  Levido/Griffiths

 

That Council grant leave of absence for Mayor Peta Pinson for the period 29 August 2017 to 24 September 2017, which includes the Ordinary Meeting of Council scheduled for 20 September 2017.

 

AMENDMENT

 

MOVED:  Pinson/Alley

 

That:

1.         Council grant leave of absence for Mayor Peta Pinson for the period 29 August 2017 to 24 September 2017, which includes the Ordinary Meeting of Council scheduled for 20 September 2017.

2.         In accordance with section 231(3) of the Local Government Act, the Deputy Mayor will perform all duties of the Mayor during this period.

3.         In accordance with section 249(5) of the Local Government Act, the Deputy Mayor is to receive the mayoral allowance during this period.

carried:      8/1

For:   Alley, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Cusato

 

 

THE AMENDMENT BECAME THE MOTION AND WAS PUT

RESOLVED:  Pinson/Alley

 

That:

1.         Council grant leave of absence for Mayor Peta Pinson for the period 29 August 2017 to 24 September 2017, which includes the Ordinary Meeting of Council scheduled for 20 September 2017.

2.         In accordance with section 231(3) of the Local Government Act, the Deputy Mayor will perform all duties of the Mayor during this period.

3.         In accordance with section 249(5) of the Local Government Act, the Deputy Mayor is to receive the mayoral allowance during this period.

carried:      8/1

For:   Alley, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Cusato

 

 

09.07  Smart Cities Conference

Councillor Turner declared a Non-Pecuniary, Less Than Significant Interest in this matter and remained in the room during the Council's consideration.

RESOLVED:  Griffiths/Hawkins

 

That Council endorse attendance of Councillor Rob Turner to the Smart Cities Conference planned to be held in Sydney on 29 August 2017.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

09.08  Council Policy - Policy Review and Rescissions - Post Exhibition

 

Councillor Cusato declared a Pecuniary Interest in this item and left the room and was out of sight during the Council's consideration, the time being 7:05pm.  The reason being that Councillor Cusato owns a hangar at the Port Macquarie Airport, and which Airport Leasing of Land and Buildings Policy refers.

 

RESOLVED:  Levido/Intemann

 

That Council:

  1. Rescind the following Policies and Procedure:
    1. Calling of Quotations / Tenders for Contractors Policy;
    2. Good Governance Policy;
    3. Plaques Policy;
    4. Reporting requirements for Community Leases Policy;
    5. Use of a Purchase Card and or Corporate Card Procedure.
  2. Adopt the following amended Policies and Plan:
    1. Airport Leasing of Land and Buildings Policy, with the addition of the following statement to the end of Clause o) “The lessor shall use reasonable endeavours to minimise any disruption to the lessee’s business as a result of the lessor exercising its rights under this clause”;
    2. Debt Recovery Policy;
    3. Gifts and Benefits Policy;
    4. Privacy Management Plan;
    5. Rates and Charges Hardship Assistance Policy.

carried:      8/0

For:   Alley, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

Councillor Cusato returned to the meeting, the time being 7:09pm.

 

 

09.09  Council Policy - Policy Review and Rescission

RESOLVED:  Intemann/Dixon

 

That Council:

1.       Place on public exhibition from 23 August 2017 to 19 September 2017 (28 days) its intention to rescind the Lobbying Policy.

2.       Place on public exhibition from 23 August 2017 to 19 September 2017 (28 days) the revised Provision of Information and Interaction Between Councillors and Staff Policy.

3.       Note that a further report will be tabled at the October 2017 meeting of Council, detailing the submissions received from the public during the exhibition period.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

09.10  2016-2017 Operational Plan end of year - Quarterly Progress Report as at 30 June 2017

RESOLVED:  Griffiths/Hawkins

 

That Council:

1.       Note the 2016-2017 Operational Plan end of year - Quarterly Progress Report as at 30 June 2017.

2.       Refer the Operational Plan Progress Report to the Audit, Risk and Improvement Committee to consider the clarity of information within.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

09.11  Investments - July 2017

RESOLVED:  Hawkins/Intemann

 

That Council:

1.         Note the Investment Report for the month of July 2017.

2.         Note that on 10 August 2017, the Audit, Risk and Improvement Committee endorsed the recommended course of action which included maintaining the investments to maturity ensuring no future investments in the impacted categories (BBB band) until Policy limits are reached.

3.         Note that the Audit, Risk and Improvement Committee reviewed the draft Investments Policy and has requested management to make several amendments to the draft Investment Policy.

4.         Request the General Manager to incorporate the recommendations from the Audit, Risk and Improvement Committee into the Draft Investment Policy and table the Policy at the September 2017 meeting of Council.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

09.12  Monthly Financial Review for July 2017

RESOLVED:  Griffiths/Hawkins

 

That Council adopt the adjustments in the “Financial and Economic Implications” section of the Monthly Financial Review Report for July 2017.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

09.13  2016-2017 Financial Statements Audit

RESOLVED:  Intemann/Hawkins

 

1.       That Council refer to audit the draft Financial Statements as at 30 June 2017.

2.       That the Statement by Councillors and Management be signed by the Responsible Accounting Officer, the General Manager, the Mayor and one Councillor as required by the Local Government Act 1993.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

09.14  2016-2017 Carry-over Projects

RESOLVED:  Intemann/Hawkins

 

That Council:

1.       Adopt the 2016-2017 carry-over projects outlined in the report for inclusion in the 2017-2018 budget.

2.       Amend the 2017-2018 one year Operational Plan to include all projects approved to be carried over as individual action items.

3.       Request the General Manager include in future Carry-over project reports to Council a summary of the total carry-over projects by a categorisation which reflects the primary reason for the deferral of the project into the following year.

4.       Request the General Manager provide a briefing to Councillors in October 2017 on what planning is being undertaken to deliver the works as detailed in the 2017-2018 Operational Plan, which includes the 2016-2017 carry-over projects and the previously carried forward works deferred in May 2017 mostly due to rain, and what approach can be undertaken to deliver an increased level of works into the future.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

09.15  Glasshouse End of Financial Year Report and Update on Strategic Plan Recommendations

RESOLVED:  Turner/Hawkins

 

That Council:

1.         Note the information provided in the Glasshouse End of Financial Year Report and Update on Strategic Plan Recommendations Report. 

2.         Note that the Glasshouse Strategic Plan will not be current past 2017.

3.         Request the Cultural Steering Group provide recommendations to Council for the renewal of the Glasshouse Strategic Plan and associated KPI's as part of its review of Council's Cultural Plan.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

09.16  Development Activity and Assessment System Performance

RESOLVED:  Griffiths/Alley

 

That Council note the Development Activity and Assessment System Performance report for the second quarter of 2016-2017.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

09.17  Notice of Motion - By Election For Popularly Elected Mayor - Section 276 (2) of the Local Government Act, 1993 - Detriment To Sitting Councillor Candidates

Councillor Turner declared a Non-Pecuniary, Less Than Significant Interest in this matter and remained in the room during the Council's consideration.

Councillor Griffiths declared a Non-Pecuniary, Less Than Significant Interest in this matter and remained in the room during the Council's consideration.

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

 

RESOLVED:  Levido/Cusato

 

That Council request the General Manager:

1.       Finalise a letter from Council (utilising the draft letter shown below as guidance) and then send the letter to the NSW Minister for Local Government, Gabrielle Upton MP and the Acting Chief Executive of the NSW Office of Local Government, Tim Hurst with a copy of the letter as sent to be copied to:

a)      Premier of NSW, Gladys Berejiklian MP

b)      Leader of the Opposition, Luke Foley MP

c)      Shadow Minister for Local Government, Peter Primrose MLC

d)      Member for Port Macquarie, Leslie Williams MP

e)      Member for Oxley, Melinda Pavey MP

f)       Member for Lyne, David Gillespie MP

g)      Member for Cowper, Luke Hartsuyker MP

h)      President of Local Government NSW

2.       Issue a general Media Release advising of the dispatch of the letter and providing a copy of the letter as part of the Media Release.

3.       Bring back a report to Council at Council’s Meeting of 15 November 2017 as to the response(s) generated by such letter from the Minister, Acting Chief Executive, those to whom it was copied and/or any other party that the General Manager feels is particularly relevant.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

09.18  Notice of Motion - ICT Strategy

RESOLVED:  Hawkins/Alley

 

That Council:

1.       Request the General Manager provide a further update to the October 2017 meeting on the ongoing implementation of Council's ICT Strategy, with a particular emphasis on the expected flow of efficiency benefits to Council's operations in the remainder of the current term of this Council.

2.       Noting that other new significant Council Strategies, such as the EDSG are updated six monthly, request the General Manager provide further updates on  progress made and efficiencies gained at regular 6 monthly intervals in February and August of each calendar year until (and including) August, 2020.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

10.01  Regulatory Enforcement Policy - Result of Public Exhibition

RESOLVED:  Turner/Griffiths

 

That Council:

1.       Adopt the Regulatory Enforcement Policy.

2.       Rescind the Enforcement of Unlawful Activity Policy and the Compliance Procedure.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

10.02  Coastal Walk Master Plan

RESOLVED:  Cusato/Dixon

That Council:

1.       Place the draft Coastal Walk Master Plan public exhibition for 49 days from 23 August to 10 October 2017.

2.       Note that a report will be presented to the November 2017 Council meeting including the submissions received, any proposed changes to the Master Plan and an Implementation Plan.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 


 

 

10.03  Recommended Items from the Mayor's Sporting Fund Sub-Committee - May 2017 Meeting

RESOLVED:  Pinson/Intemann

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

1.       That Morgan Jean be granted the amount of $350.00 to assist with the expenses he will incur travelling to and competing at the 2017 Pacific School Games (Swimming) to be held in Adelaide from 1 – 10 December 2017 inclusive.

2.       That Wauchope High School’s, Girl’s Rugby Team be granted $350.00 to assist with the expenses they will incur travelling to and competing at the NSW CHS School State Rugby 7’s Championships to be held in Sydney on 9 August 2017.

3.       That Sam Cobourn be granted the amount of $500.00 to assist with the expenses he will incur travelling to and competing at the 14th World Wusu Championships in the sport of SANDA (Chinese Kung Fu Free-Fighting) to be held in Kazan, Russia from 26 September – 3 October 2017 inclusive.

4.       That Mitchell Evans be granted the amount of $150.00 to assist with the expenses he will incur as a member of the Under 16’s NSW Country Rugby Union Team to compete at various locations during July and August 2017.

5.       That Tamika Roach be granted the amount of $300.00 to assist with the expenses she incurred competing at the State Inter-Schools Dressage Championships, State Youth Dressage Championships, both held in Sydney during June and early July respectively and the State Pony Club Dressage Championships held in Tamworth during July 2017.

6.       That Annika Toohey be granted $500.00 to assist with the expenses she will incur competing as part of the NSW All Schools Girls Hockey Team to compete at the Nationals – Pacific School Games being held in Adelaide from 1 – 10 December 2017 inclusive.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

11.01  Opportunities for Local Firms to do Business with Council

RESOLVED:  Turner/Griffiths

 

That Council:  

1.       Adopt the attached Local Preference Policy incorporating a 5% Notional Price Offset for a 12 month trial period from 1 September 2017.

2.       Note that a further report will be tabled providing a result of the trial.

carried:      7/2

For:   Alley, Dixon, Griffiths, Hawkins, Levido, Pinson and Turner

Against:       Cusato and Intemann

 

 

12.01  Classification of Lands Recently Acquired by, or Transferred to Council

RESOLVED:  Levido/Turner

 

That Council classify Lot 2 DP1221154 and Lot 163 DP1229250 as operational land.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

12.02  Energy Efficient Street Lighting - Light Emitting Diodes (LED)

RESOLVED:  Alley/Turner

 

That Council:

1.       Delegate authority to the General Manager to seek and execute a formal proposal by Essential Energy to undertake a bulk upgrade of eligible Category P (local roads) street lighting to approved LED luminaires, up to a limit of $2.07M.

2.       Note the payback period of less than 5 years for this proposed project.

3.       Create a new allocation in the 2017/18 Operational Plan of $2.0M to fund this project.

4.       Note the time criticality of accepting and executing the agreement, based on Council aligning with Essential Energy’s October 2017 bulk maintenance timeframe, which will provide a $0.31M cost saving to Council based on contractor efficiencies.

5.       Consider a future allocation in the 2018/19 Operation Plan for a further bulk upgrade programme for Category V (main roads) street lights.

carried:      8/1

For:   Alley, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Cusato

 


 

 

12.03  Ocean Drive Duplication Project Update

Councillor Hawkins left the meeting, the time being 8:00pm.

Councillor Hawkins returned to the meeting, the time being 8:01pm.

 

RESOLVED:  Levido/Turner

That Council:

1.       Note the current status of the Ocean Dr Duplication project including the estimated construction costs of $60 million.

2.       Request the General Manager to write to the Local Member for Port Macquarie and the NSW Roads Minister seeking a funding commitment to progress to construction of this project.

3.       (a)     Endorse the conversion of the Ocean Drive Duplication Steering Group to the Regional Transport Infrastructure Steering Group with focus initially on the Ocean Drive Port Macquarie Duplication Project, the Port Macquarie Orbital Road Project, Boundary Street Port Macquarie project, Hastings River Drive Port Macquarie, Lake Road Port Macquarie Upgrade Project and the Ocean Drive Transport Corridor together with any further projects referred to the Steering Group by Council from time to time; and

          (b)     Request the General Manager bring back a report to Council’s October 2017 meeting as to any amendments required to the Charter of the Ocean Drive Duplication Steering Group to give effect to this resolution.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

Item - 12.04 Site Specific LEP Amendments – Update - has been moved to another part of the document.

 

 

12.05  LEP Amendments to Facilitate Two Proposed Road Closures

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 8:12pm.

The Director Strategy and Growth tabled replacement attachment 1 for this report as the previously distributed attachment was illegible.

 

RESOLVED:  Intemann/Alley

 

That Council:

1.       Prepare a draft planning proposal as described in this report, pursuant to section 55 of the Environmental Planning and Assessment Act 1979, for the amendment of the provisions of Port Macquarie-Hastings Local Environmental Plan 2011, in relation to:

a)      make road closures under the Roads Act 1993 exempt development, and

b)      amend the Land Zoning Map, Floor Space Ratio Map and Height of Buildings Map as shown in the report in relation to roads in the vicinity of Burrawan Street, Pacific Drive and Hill Street, Port Macquarie.

2.       Forward the draft planning proposal to the Department of Planning and Environment for a Gateway Determination, and exhibit the proposal in accordance with that determination, pursuant to sections 56 - 58 of the Act.

3.       Request that the Director General of the Department of Planning & Environment issue a Written Authorisation to Council to Exercise Delegation of the plan making functions under section 59 of the Act in respect of the planning proposal.

carried:      8/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Pinson and Turner

Against:       Nil

 

Councillor Levido returned to the meeting, the time being 8:14pm.

 

 

12.06  Question From Previous Meeting - Upgrade of Port Macquarie Breakwall by Crown Land

RESOLVED:  Turner/Griffiths

 

That Council note the information provided in the Question from Previous Meeting – Upgrade of Port Macquarie Breakwall by Crown Land report.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

Item - 12.07 Notice of Motion - Short Street Plaza Car Park, Port Macquarie - has been moved to another part of the document.

 

 

12.08  Long Term Energy Strategy

RESOLVED:  Alley/Turner

 

That Council:

1.       Place the draft Long Term Energy Strategy on public exhibition from 21 August 2017 until 20 September 2017.

2        Note that a further report will be tabled at the October 2017 meeting of Council, detailing the submissions received from the public during the exhibition period.

carried:      8/1

For:   Alley, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Cusato

 

 

12.09  DA2016 - 53.1 and PP2016 - 3.1 Planning Proposal and 2 into 5 Lot Subdivision, Lot 15 DP 1099742 And Lot 7 DP 1142473, No. 40 Reading Street, Port Macquarie

RESOLVED:  Intemann/Hawkins

That Council:

1.       Take the necessary steps under sections 58 and 59 of the Environmental Planning and Assessment Act 1979 to finalise Local Environmental Plan 2011 (Amendment No 41) as attached.

2.       Enter into the Reading Street Environmental Land Planning Agreement under Section 93F of the Environmental Planning and Assessment Act 1979 between Port Macquarie-Hastings Council and Ronald Gordon Little and Adele Lillian Little.

3.       Having regard to the assessment in this report of DA2017-53, for a subdivision at Lot 7 DP 1142473 and Lot 15 DP 1099742 (No. 40) Reading Street, Port Macquarie, delegate to the General Manager the determination of the development application upon the commencement of Local Environmental Plan 2011 (Amendment No 41).

4.       Thank in writing all those who made a submission for their contribution and provide information on Council’s decision on the matter.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

13       QUESTIONS FOR NEXT MEETING

 

 

 

13.01     Leash-Free Dog Parks

Question from Councillor Turner:

 

Can the General Manager please provide a list of possible locations for leash-free dog parks across the local government area?

 

Comments by Councillor (if provided):

 

Nil.

 

 

13.02     Financial Reserves Review

Question from Councillor Levido:

 

Could the General Manager advise the current position regarding the Financial Reserves Review previously requested by Council?

 

Comments by Councillor (if provided):

 

Nil.

 

 

13.03     Director Infrastructure Position

Question from Councillor Levido:

 

Could the General Manager advise the current position as to the filling of the currently vacant Director Infrastructure role?

 

Comments by Councillor (if provided):

 

Nil.

 

 

13.04     Tree Management

Question from Councillor Griffiths:

 

Could the General Manager advise what options the Council has available to improve the backlog of tree management requests / enquiries?

 

Comments by Councillor (if provided):

 

Council recently added funds to the current budget to increase work completed in relation to tree management issues.  As can be seen from the operational plan progress report the backlog continues to increase due to the number of reports and Council needs to consider appropriate actions to address this growing issue.

 

 

13.05     NSW Government Funding

Question from Councillor Intemann:

 

What action is Council taking to increase its potential for funding from the NSW Government, such as better targeting of applications, meeting with Ministers etc.?

 

Comments by Councillor (if provided):

 

Nil.

 

 

13.06     DA - Woolworths Foods for Less Building

Question from Councillor Intemann:

 

What is the DA status of the Woolworths Food for Less building, does the existing building present a safety risk and what are Council's powers to compel Woolworths to undertake works on the building for safety or aesthetic reasons or to implement the DA?

 

Comments by Councillor (if provided):

 

Nil.

 

 

CONFIDENTIAL COMMITTEE OF THE WHOLE

RESOLVED:  Turner/Dixon

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       T-17-05 Supply of Three Trailer Mounted High Pressure Sewer Jetting Machines

This item is considered confidential under Section 10A(2)(d(i)) of the Local Government Act 1993, as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

Item 14.02       T-17-35 O'Neill's Bridge Replacement - Design and Construct

This item is considered confidential under Section 10A(2)(d(i)) of the Local Government Act 1993, as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

Item 14.03       T-17-36 Wauchope Swimming Pool - Shaded Outdoor Children's Water Play Area

This item is considered confidential under Section 10A(2)(d(i)) of the Local Government Act 1993, as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

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.

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

Adjourn meeting

The Ordinary Council Meeting adjourned at 8:27pm.

 

 

Resume meeting

The Ordinary Council Meeting resumed at 8:32pm.

 

 

ADOPTION OF RECOMMENDATIONS FROM THE CONFIDENTIAL COMMITTEE OF THE WHOLE

RESOLVED:  Levido/Dixon

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

Item 14.01    T-17-05 Supply of Three Trailer Mounted High Pressure Sewer Jetting Machines

                     This item is considered confidential under Section 10A(2)(d(i)) of the Local Government Act 1993, as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

                     RECOMMENDATION

That Council:

1.       Accept the tender from Nordkapp Investments Pty Ltd t/as Sewer Equipment Company Australia for $228,824 (excl GST) for the supply and delivery of three (3) Trailer Mounted High Pressure Sewer Jetting Machines.

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

3.       Maintain the confidentiality of the documents and considerations in respect of Tender T-17-05.

 

Item 14.02    T-17-35 O'Neill's Bridge Replacement - Design and Construct

                     This item is considered confidential under Section 10A(2)(d(i)) of the Local Government Act 1993, as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

                     RECOMMENDATION

That Council:

1.       Accept the tender from Talis Civil Pty Ltd for $750,141 (exclusive of GST) for the design and construction of the replacement of O’Neill’s Bridge on Batar Creek Road near Kendall.

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

3.       Maintain the confidentiality of the documents and considerations in respect of T-17-35.

 

Item 14.03    T-17-36 Wauchope Swimming Pool - Shaded Outdoor Children's Water Play Area

                     This item is considered confidential under Section 10A(2)(d(i)) of the Local Government Act 1993, as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

                     RECOMMENDATION

That Council:

1.       In accordance with the Local Government (General) Regulations 2005 clause 178 (1) (b), decline to accept any of the tenders submitted for Tender T-17-36 Wauchope Swimming Pool – Shaded Outdoor Children’s Water Play Area;

2.       In accordance with Local Government (General) Regulations 2005, 178 (3) (b) invite, in accordance with clause 167 fresh tenders based on the same or different details.

3.       Maintain the confidentiality of the documents and considerations in respect of Tender T-17-36.

 

carried:      9/0

For:   Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido, Pinson and Turner

Against:       Nil

 

 

 

The meeting closed at 8:33pm.

 

 

 

 

 

 

………………………………………..

Peta Pinson

Mayor

 

   


AGENDA                                                                                Ordinary Council      20/09/2017

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:  ....................................................................................................

 

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

 

Name:  …………………………………………………….

 

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.  The Council official must not be present at, or  in sight of, the meeting of the Council at any time during which the matter is being considered or discussed, or at any time during which the council is voting on any question in relation to the matter.  (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 Name:  …………………………………………

 

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..

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      20/09/2017

 

 

Item:          06.01

 

Subject:     MAyORAL Minute - Mayoral Discretionary Fund Allocations

Mayor, Peta Pinson

 

 

 

 

 

RECOMMENDATION

 

That the Mayoral Discretionary Fund allocations for the period 3 August to 6 September 2017 inclusive be noted.

 

Discussion

 

Mayoral Discretionary Fund Allocations

 

The Mayor made the following allocations from the Mayoral Discretionary Fund for the period 3 August to 6 September 2017 inclusive:

 

Wreath - Vietnam Veterans’ Day Service

$65.00

Donation to St Vincent de Paul Society on behalf of local Centenarian Monica McNamara

$100.00

 

$165.00

 

Attachments

 

Nil

  

 


AGENDA                                                                                Ordinary Council      20/09/2017

Item:          07

Subject:     CONFIDENTIAL CORRESPONDENCE TO ORDINARY COUNCIL MEETING

Presented by: General Manager, Craig Swift-McNair

Alignment with Delivery Program

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

 

RECOMMENDATION

There are no confidential attachments to reports for the Ordinary Council Meeting.

Discussion

 

There are no confidential attachments to reports for the Ordinary Council Meeting.


AGENDA                                                                                Ordinary Council      20/09/2017

Item:          08

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.

 

 

 

  


AGENDA                                                                                         Ordinary Council

20/09/2017









 

 

What we are trying to achieve

A community that works together in decision making that is defined as ethically, socially and environmentally responsible.

What the result will be

 

We will have:

              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 we will get there

 

1.1          Inform and engage with the community about what Council does using varied communication channels

1.2          Maintain strong partnerships between all stakeholders - local, state and federal — so that they are affective advocates for the community

1.3          Demonstrate leadership

1.4          Use innovative, efficient and sustainable practices

1.5          Ensure strong corporate and financial management that is transparent and accountable

 


AGENDA                                                                                Ordinary Council

20/09/2017

 

 

Item:          09.01

 

Subject:     Creation of Office of Deputy Mayor

Presented by: Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

1.4.4  Promote the visibility and profile of Councillors through improved access by the community.

 

 

 

RECOMMENDATION

 

That Council:

1.       Create the Office of Deputy Mayor.

2.       Set the term of the Office of Deputy Mayor to be twelve (12) months.

3.       Elect the Deputy Mayor by way of preferential ballot, ordinary ballot or open voting, if more than one nomination for Deputy Mayor is received.

 

Executive Summary

 

Council can determine to create the Office of Deputy Mayor, under Section 231 of the Local Government Act 1993, for a period coinciding with the Mayoral term or a shorter period.

 

On the assumption that Councillors will wish to elect a Deputy Mayor, a nomination paper for Office of Deputy Mayor has been prepared and is provided with this report.

 

Discussion

 

Council can determine to create the Office of Deputy Mayor for a period coinciding with the Mayoral term or a shorter period.

 

Section 231 of the Local Government Act 1993 (“the Act”), provides the following:

 

231      (1)     The Councillors may elect a person from among their number to be the Deputy Mayor.

            (2)     The person may be elected for the Mayoral term or a shorter term.

            (3)     The Deputy Mayor may exercise any functions of the Mayor at the request of the Mayor, or if the Mayor is prevented by illness, absence or otherwise from exercising the function or if there is a casual vacancy in the office of Mayor.

            (4)     The Councillors may elect a person from among their number to act as Deputy Mayor if the Deputy Mayor is prevented by illness, absence or otherwise from exercising a function under this Section, or if no Deputy Mayor has been elected.

 

On the assumption that Councillors will wish to elect a Deputy Mayor, a nomination paper for Office of Deputy Mayor has been prepared and is provided as Attachment 1 to this report.

 

Nomination papers may be delivered or sent to the General Manager either prior to or at the Council Meeting. Additionally, Council will also be required to determine the term of the Office of Deputy Mayor.

 

Should there be more than one (1) Councillor nominated for the Office of Deputy Mayor, Council is to determine whether the election is to be by preferential ballot, by ordinary ballot or by open voting.

 

Election Methods

 

Preferential Ballot

 

This method utilises ballot-papers. Councillors are to mark their votes by placing the numbers “1”, “2” and so on against the candidate names so as to indicate the order of their preference for all the candidates.

 

If a candidate has an absolute majority of first preference votes, that candidate is elected.

 

If an absolute majority is not achieved, the candidate with the lowest number of first preference votes is excluded and the votes on the unexhausted ballot-papers counted to him or her are transferred to the candidates with second preferences on those ballot-papers.

 

If no candidate then has an absolute majority of votes, the process of excluding the candidate who has the lowest number of votes and counting each of his or her unexhausted ballot-papers to the candidates remaining in the election next in order of the voter’s preference is repeated until one candidate has received an absolute majority of votes, whom is then elected.

 

If, on any count of votes, there are two candidates in, or remaining in, the election and the numbers of votes cast for the two candidates are equal, the candidate whose name is first chosen by lot is taken to have received an absolute majority of votes and is therefore taken to be elected.

 

If, on any count of votes, there are three or more candidates in, or remaining in, the election and the numbers of votes cast for two or more candidates are equal and those candidates are the ones with the lowest number of votes on the count of the votes, the candidate whose name is first chosen by lot is taken to have the lowest number of votes and is therefore excluded.

 

Ordinary Ballot

 

This method utilises ballot-papers. The Returning Officer decides the manner in which votes are to be marked on the ballot-papers.

 

If there are only two candidates, the candidate with the higher number of votes is elected. If there are only two candidates and they are tied, the one elected is to be chosen by lot.

 

If there are three or more candidates, a vote is taken, the candidate with the lowest number of votes is excluded. If three or more candidates still remain further votes are taken with the candidate receiving the lowest number of votes being excluded until two candidates remain.

 

A further vote is taken of the two remaining candidates, the candidate with the higher number of votes is elected. If there are only two candidates and they are tied, the one elected is to be chosen by lot.

 

If at any stage during a count two or more candidates are tied on the lowest number of votes, the one excluded is to be chosen by lot.

 

Open Voting

 

This method utilises a show of hands. The election procedure is the same as for the ordinary ballot method.

 

Definitions

 

Absolute majority:  In relation to votes, means a number that is more than one-half of the number of unexhausted formal ballot-papers.

Ballot:                     In the context of this type of election has the meaning of a secret ballot.

Chosen by lot:        If two candidates are tied (having equal numbers of votes) their names are written on similar slips of paper by the Returning Officer, the slips are folded by the Returning Officer so as to prevent the candidate names being seen, the slips are mixed and one is drawn at random by the Returning Officer and the candidate whose name is on the drawn slip is chosen.

 

Timing of Election

 

The election for Office of Deputy Mayor is to take place at the Council Meeting at which the Council determines the method of voting.

 

Options

 

Council can determine to not create the Office of Deputy Mayor.

Community Engagement & Internal Consultation

 

Community Engagement

 

There has been no external community engagement required for the subject of this report.

 

Internal Consultation

 

·        General Manager.

·        Group Manager Governance & Procurement

 

Planning & Policy Implications

 

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

 

Financial & Economic Implications

 

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

 

Attachments

 

1View. Deputy Mayor Nomination Paper

 


AGENDA                                                                                Ordinary Council

20/09/2017

 

 

Item:          09.02

 

Subject:     Status of Reports From Council Resolutions

Presented by: Corporate Performance, Rebecca Olsen

 

Alignment with Delivery Program

1.3.2 Build trust and improve Council's reputation through transparency, good decision making and living Council’s Values.

 

 

 

RECOMMENDATION

 

That Council note the information in the Status of Reports from Council Resolutions report.

 

Discussion

 

Report

Status

Reporting Officer

Original Anticipated Date for Report

Current Anticipated Date for Report

 

Land Acquisition – Expansion of the Hollisdale Rural Fire Service – post exhibition

(Item 10.01 – OC 19/07/17

 

DCP

 

Sep 2017

QFPM – Leash-Free Dog Parks

(Item 13.01 – OC 16/08/17)

 

DDE

 

Sep 2017

 

QFPM – Financial Reserves Review

(Item 13.02 – OC 16/08/17)

 

DCP

 

Sep 2017

 

QFPM – Director Infrastructure Position

(Item 13.03 – OC 16/08/17)

 

GM

 

Sep 2017

 

QFPM – Tree Management

(Item 13.04 – OC 16/08/17)

 

DDE

 

Sep 2017

 

QFPM – NSW Government Funding

(Item 13.05 – OC 16/08/17)

 

GM

 

Sep 2017

 

QFPM – DA Woolworths Food For Less Building

(Item 13.06 – OC 16/08/17)

 

DDE

 

Sep 2017

 

DA 2017/307 – Staged Alts & Additions to Caravan Park & Construction of Ancillary Facility (Outdoor) – Lot 655, DP 45849, Munster Street, PMQ

(Item 12.03 – OC 19/07/17)

The DA has been withdrawn by the applicant.

 

 

N/A

 

Settlement Shores Canal Maintenance Plan - Post Exhibition

(Item 13.03 - OC 17/05/17)

Submissions under review.

DI

Jul 2017

Aug 2017

Sep 2017

Oct 2017

 

Future of Committees following establishment of Cultural Steering Group

(Item 15.05 - OC 19/04/17)

Item is to be discussed at a future Cultural Steering Group meeting

DSG

Jun 2017

Jul 2017

Sep 2017

Oct 2017

 

Planning Proposal - Homedale Road Kew - post exhibition

(Item 13.07 - OC 14/12/16)

 

DSG

 

Oct 2017

 

Planning Controls for Short Term Rental Accommodation

Report on findings and recommendations arising from the Inquiry ‘Adequacy of the regulation of short-term holiday letting in NSW’.

(Item 13.07 - OC 16/03/16)

 

Short-Term Holiday Letting - post release of NSW Government response to Inquiry ‘Adequacy of the regulation of short-term holiday letting in NSW’.

(Item 12.03 - OC 14/12/16)

Pending detailed Government proposals

DDE

 

Oct 2017

 

Council Policy – Policy Review and rescission – Post Exhibition

(Item 09.09 – OC 16/08/17)

 

DCP

 

Oct 2017

 

Ocean Drive Duplication Steering Group Charter – Review.

(Item 12.03 – OC 16/08/17)

 

DI

 

Oct 2017

 

Long Term Energy Strategy – post exhibition.

(Item 12.08 – OC 16/08/17

 

DDE

 

Oct 2017

 

Water Fluoridation - request for detailed information on studies and programs.

(Item 10.01 - OC 15/07/15)

Awaiting further information from NSW Health.

DI

Nov 2016

May 2017

Jul 2017

Sept 17

Nov 2017

 

Project Management Policy - implementation, operation and effectiveness to date incorporating the views of the Audit, Risk and Improvement Committee.

(Item 09.03 - OC 15/02/17)

 

DCP

 

Nov 2017

 

Notice Of Motion - By Election For Popularly Elected Mayor - Section 276 (2) Of The Local Government Act, 1993 - Detriment To Sitting Councillor Candidates – response to letter.

(Item 09.17 – OC 16/08/17

 

GM

 

Nov 2017

Coastal Walk Master Plan – post exhibition.

(Item 10.02 – OC 16/08/17)

 

DDE

 

Nov 2017

Impact of Road Openings and Closures on Private Property

(Item 12.03 - OC 18/09/13)

To be included in overall review of roads policies.

Information still being sought.

DI

Mar 2015

Jun 2017

Jul 2017

 

 

Dec 2017

 

Draft Structure Plan for the Greater Sancrox Area - consideration/investigations of potential urban capability/serviceability / capacity of lands between Oxley Highway to north, Pacific Highway to west and Houston Mitchell Drive to south and viability of rural residential development in the Greater Sancrox area.

(Item 13.07 - OC 18/02/15)

Delayed to align with UGMS report.

DSG

Dec 2016

May 2017

Jun 2017

Dec 2017

 

Site Specific LEP Amendments - Status of all proposed site specific LEP amendments following adoption of the revised PMH UGMS and determine priorities in Council’s strategic land use planning program.

(Item 12.04 - OC 15/03/17)

Report proposed after exhibition, review and adoption of Urban Growth Management Strategy.

DSG

Jul 2017

Dec 2017

 

Port Macquarie Town Centre Pedestrian Facility Investigations - post community engagement

(Item 13.05 - OC 14/12/16)

Aspects of the engagement are outstanding

DI

Aug 2017

Oct 2017

 

 

Feb 2018

 

Opportunities for Local Firms to do Business with Council

(Item 11.01 – OC 16/08/17

 

DCP

 

Oct 2018

Draft Biodiversity Certification Assessment and Strategy - Port Macquarie Airport and Surrounding Land - viability and implications of the options for securing the required Blackbutt Tallowwood dry grassy open forest and Koala habitat credits, prior to the clearing that creates the demand for those credits.

(Item 12.01 - OC 10/08/16)

 

DDE

 

TBA

 

Classification of Land - Lot 5 DP774400 Stingray Creek Bridge Environmental Offset

(Item 12.01 - OC 16/11/16)

 

DCP

 

TBA

 

Tuffins Lane Sporting Fields - Terms of Agreement

(Item 06.02 - OC 14/12/16)

 

GM

 

TBA

 

Reclassification Of Land For Hastings Regional Sports Complex - post exhibition

(Item 13.04 - OC 15/02/17)

 

DCP

 

TBA

 

Planning Proposal - Lot 2 DP1091253 Beach St, Bonny Hills

(Item 12.02 - OC 19/04/17)

 

DSG

 

TBA

 

Financial Reserves Review - final report

(Item 09.05 - OC 19/04/17)

 

DCP

 

TBA

 

Planning Proposal - Lot 14 DP240042, Pioneer Street, North Haven. King And Campbell Pty Ltd For Rd & Ml Tate And Tate Developments Pty Ltd - Post Exhibition

(Item 13.05 - OC 17/05/17)

 

DSG

 

TBA

 

 

Cyclic Reports

 

Report

Reporting Officer

Reporting Cycle

Mayoral Discretionary Fund Allocations

GM

Monthly

Monthly Financial Update

DCP

Monthly

Investments

DCP

Monthly

Recommendations by the Mayor’s Sporting Fund Sub-Committee

SG

Monthly

Development Activity and Assessment System Performance

DDE

Quarterly

(May, Aug, Nov, Feb)

Operational Plan – Quarterly Progress Report

DCP

Quarterly

(Nov, Feb, April, Aug)

Glasshouse Strategic Plan Update

DCP

Biannual

(Feb, Aug)

Delivery Program – Six Monthly Progress Report

DCP

Biannual

(Mar, Sep)

Existing Site Specific Planning Proposals – Progress Report

DSG

Biannual

(Mar, Sep)

Economic Development Strategy - Progress Report (Item 10.03 - ORD 20/11/2013)

DSG

Biannual

(Jun, Dec)

Mayoral and Councillor Fees (Setting of)

GM

Annually

(Jun)

MIDROC Strategic Plan 2013-2017 Outcomes

(Item 08.03 - ORD 21/08/2013)

GM

Annually

(Jul)

(re-list to Sep)

Council Policy - Status Report

DCP

Annually

(Jul)

Recreation Action Plan – Status Report

DDE

Annually

(Jul)

Annual Report of the Activities of the Mayor’s Sporting Fund

DSG

Annually

(Sep)

Compliments and Complaints Annual Report

DSG

Annually

(Sep)

Council Meeting Dates

GM

Annually

(Sep)

Creation of Office - Deputy Mayor

GM

Annually

(Sep)

Audit Committee Annual Report

DCP

Annually

(Sep)

Annual Report of Disability Discrimination Act Action Plan

DSG

August 2018

Legislative Compliance Register

CP

Annually

Sep)

MIDROC Strategic Plan 2013-2017 Outcomes

(Item 08.03 - ORD 21/08/2013)

GM

Annually

(Sep)

Annual Disclosure of Interest Returns

GM

Annually

(Oct)

Council’s Annual Report

DCP

Annually

(Nov)

Update Report - Impact of cost shifting for the previous financial year including any additional categories of cost-shifting that have been identified

(Item 09.04 - OC 21/10/15)

DCP

Annually

(Nov)

 

 

Attachments

Nil

 


AGENDA                                                                                Ordinary Council

20/09/2017

 

 

Item:          09.03

 

Subject:     Council Meetings Dates for 2018

Presented by: Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

1.3.1 Provide effective leadership and equity.

 

 

 

RECOMMENDATION

 

·                     That Council set the Ordinary Council Meeting dates for 2018 as the third Wednesday of each month (with the exception being no meeting scheduled in January, and an earlier meeting in December due to the proximity of Christmas) being:

·    21 February

·    21 March (Taking the Council to the Community - Wauchope)

·    18 April

·    16 May

·    20 June

·    18 July

·    15 August

·    19 September

·    17 October (Taking the Council to the Community - Laurieton)

·    21 November

·    12 December.

 

 

Executive Summary

 

It is proposed that the Council Meeting Schedule for 2018 be based on a third Wednesday of the month cycle (excluding January, and an earlier meeting in December due to the proximity of Christmas) and that the March and October Council Meetings be set aside for the “Taking the Council to the Community” program.

 

Discussion

 

It is proposed to set the Council Meeting schedule for 2018 on a cycle of the third Wednesday of each month (with the exception being no meeting scheduled in January, and an earlier meeting in December due to the proximity of Christmas).

 

The proposed meeting schedule for 2018 is as follows:

 

·    21 February

·    21 March (Taking the Council to the Community - Wauchope)

·    18 April

·    16 May

·    20 June

·    18 July

·    15 August

·    19 September

·    17 October (Taking the Council to the Community - Laurieton)

·    21 November

·    12 December

 

Options

 

An alternative meeting schedule and/or cycle may be adopted.

Community Engagement & Internal Consultation

 

·    General Manager.

·    Group Manager Governance and Procurement.

·    Governance Support Officer.

 

Planning & Policy Implications

 

There are no planning or policy implications.

 

Financial & Economic Implications

 

There are no financial or economic implications.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

20/09/2017

 

 

Item:          09.04

 

Subject:     Funding Applications for Stronger Country Communities Fund and Regional Cultural Fund

Presented by:  General Manager, Craig Swift-McNair

 

 

Alignment with Delivery Program

 

1.2.1 Promote Council participation and build linkages in local, state and federal initiatives, forums and opportunities to support Council’s continued planning for the growth of the region.

 

 

 

RECOMMENDATION

 

That Council:

1.    Note that funding applications for Round 1 of the Stronger Country Communities Fund will be submitted in line with the funding requirements by the closing date of 18 October 2017.

2.    Note the information relating to the funding application made under the Regional Cultural Fund for new seating for the Ross Family Studio at the Glasshouse.

 

Executive Summary

 

The NSW Government is investing an additional $1.3 billion in regional infrastructure to support growing regional centres, activate local economies and improve services in communities, through the new Regional Growth Fund (RGF). Combined with the $300 million to drive regional tourism through the Regional Growth: Environment and Tourism Fund this brings to $1.6 billion the funding available for regional growth.

 

According to the NSW Government, the Government’s Regional Development Framework provides an overall vision for the RGF. The framework establishes a plan for regional development over the next 30 years that ensures every community across the state benefits from NSW’s economic success.

 

The Government have stated that the RGF will invest in projects that facilitate regional development through six funds. These funds aim to enable essential infrastructure, support arts and culture, enhance and build sporting infrastructure, improve regional voice and data connectivity, invest in our mining-impacted communities, spur job creation and deliver local infrastructure.

 

Of the six funds mentioned above, four of these funds are applicable to Port Macquarie-Hastings Council (PMHC) and two of those funds are the subject of this report, being the Stronger Country Communities Fund (SCCF) and the Regional Cultural Fund (RCF). A copy of the guidelines for the SCCF, the RCF and the RGF brochure are included as an attachment to this report.

 

This report provides details around projects proposed to be applied for under the SCCF and the RCF.

 

Discussion

 

Stronger Country Communities Fund (SCCF):

 

The aim of the SCCF is to support Councils and community groups in delivering crucial local infrastructure to improve quality of life. This fund will support local projects that involve building new community facilities (such as parks, playgrounds, and walking & cycle pathways); refurbishing existing local facilities (such as community centres and libraries) and enhancing local parks and the supporting facilities such as kitchens and toilet blocks. The Government will give priority to projects that provide local jobs and support local businesses.

 

The NSW Government has committed $200 million for applications under the SCCF over the next two years, with $100 million available each year to regional local government areas.

 

To ensure projects make a significant contribution to improving local communities, the NSW Government is seeking projects of at least $100,000 and typically in the range of $250,000 to $1 million per project. Larger projects will be considered where there is significant financial co-contribution.

 

Importantly, all Councils have been assigned a time frame during which they can apply for funding under the SCCF, with PMHC being allocated to Tranche C, which opens on 20 September 2017 and closes on 18 October 2017. Announcements around successful projects will be made in January / February 2018. All projects submitted should be able to commence within a 12-month time period and ideally be complete within two years of funding approval.

 

According to the SCCF guidelines, the following information will be required for each application:

 

-      Clear definition of project, purpose, scope, costs and who it shall benefit.

-      Evidence or data on how the project will help boost the liveability of the local community. This might include consideration of how it will build more vibrant, sustainable and inclusive communities.

-      Supporting information could include estimated take-up numbers, survey feedback or direct community feedback.

-      Additional evidence could include how the proposal aligns with the Council Community Strategic Plan.

-      Ideally projects will be at a minimum $100,000 and typically in the range of $250,000 to $1 million. Larger projects will be considered where there is significant financial co-contribution.

-      Deliverability. Evidence that the project can commence within 12 months and ideally be complete and funds acquitted within two years of funding approval.

-      Evidence the project is cost effective will be required including a clearly defined budget. At least two quotes should be provided. Projects must give consideration to the processes and procedures outlined in the capital expenditure review guidelines issued by the Office of Local Government.

-      Details about co-contribution. Organisations will need to contribute if the project chosen is a planned upgrade of existing infrastructure in their forward program of capital works project proposals.

-      Details about the use of local suppliers. Supporting data might include competitive quotes, how it will contribute to local employment and local skills development.

-      The capacity to maintain any new infrastructure funded. Projects must be sustainable and be able to be operated and maintained beyond the funding period.

 

One key component to the SCCF is community consultation. Councils are required to consult with their communities, noting that it is recommended that each local government area submit projects that strongly reflect community preferences. For the SCCF, Council staff have taken the view that considering substantial community engagement was undertaken in April & May 2017 (and earlier) in relation to strategic priorities for inclusion in Council’s 2017-2018 Operational Plan, that no further specific community consultation will be undertaken for the purposes of applying for the SCCF. Council will address this component of the funding application by relying on feedback from previous engagement with the community across the Operational Plan and other plans such as the Recreation Action Plan etc.

 

Council staff have been working collaboratively for some time now to identify what projects fit the criteria that apply to the SCCF. The General Manager and Director Corporate Performance have worked Mayor Peta Pinson, Deputy Mayor Lisa Intemann and with the External Grants & Revenues Portfolio Councillors, being Councillors Mike Cusato and Peter Alley, to assist in determining which projects to put forward under the SCCF and other funds available under the RGF.

 

Further to the above, Mayor Peta Pinson, Deputy Mayor Lisa Intemann, Councillor Mike Cusato and the General Manager, have met on several occasions with both our local State members, being the Member for Oxley, Melinda Pavey and the Member for Port Macquarie, Leslie Williams to discuss the SCCF fund and other funding under the broader RGF fund.

 

One issue to note is that if a project that is being put forward for funding under the SCCF is already included in a Council works program, then a funding contribution is required from the Council (min 50%), however if there are projects that are new, then 100% of the cost of the project may be applied for, assuming the project is eligible for funding under the SCCF.

 

The sorts of projects that Council is considering applying for under the SCCF are:

 

-     Playground upgrades and renewals;

-     Replacement of public amenities;

-     Footpaths / shared pathways;

-     Sports field lighting.

 

Please note that the above list is not exhaustive, but is detailed here to give an indication of the sorts or projects that can be applied for under the SCCF. Council staff will continue to work on the specific projects to be applied for under Round 1 of the SCCF in the coming weeks.

 

 

Regional Cultural Fund (RCF):

 

According to the Government the $100 million RCF has been established to support local communities and help the development of cultural infrastructure to enable bold and exciting arts and culture that reflects the rich diversity of regional NSW. Up to $25 million will be made available in the first round of funding, which closed on Monday 4 September 2017.

 

The Government has stated that cultural infrastructure plays a role in supporting regional economic development and improving the lives of people living in regional environments and it ensures regional communities across NSW remain attractive and vibrant places for people to live. Under the RCF, all decisions will be made based on evidence demonstrating that projects have a positive economic and social impact for regional NSW.

 

Due to the timelines around the RCF, a report was unable to be tabled at a Council meeting prior to the closing of funding submissions on 4 September 2017, therefore this report is informing Councillors of the project put forward under Round 1 of this fund.

 

There are four categories of funding available under the RCF as follows:

 

-        Small scale regional cultural infrastructure grants of up to $60,000 for improving arts and cultural infrastructure and purchasing equipment for arts and cultural purposes;

-        Medium scale regional cultural infrastructure grants between $60,000 and $1 million to improve arts and cultural infrastructure and revitalise local communities and economies through strategic investment;

-        Large scale cultural infrastructure investment grants over $1 million for cultural infrastructure in regional NSW, with a strong focus on partnerships with local councils and communities and

-        Operational grants to support the delivery of arts, cultural, screen and heritage projects.

 

Council has submitted a medium scale application for the purchase and installation of a retractable seating system for The Ross Family Studio (studio) performance space within the Glasshouse. The studio is a black box theatre that adjoins the lower foyer of the Glasshouse. It is an intimate, fully acoustically isolated performance and rehearsal space and is suitable for dance, drama and choral events, as well as exhibitions, meetings, presentations and other activities. The current seating capacity is 100 patrons, and the proposed new seating system would increase capacity by 16% giving the local community increased opportunities to participate in arts and cultural activity.

 

The current seating system is unsuitable and does not meet the needs of our current audiences. Also it does not allow sufficient flexibility to meet Glasshouse programming needs. This project has support from community and cultural organisations who utilise the space.

 

The total cost of this project is $113,960, with $103,980 being sought from the RCF, with the balance of $9,980 being the Council contribution as a combination of cash ($8,000) and in-kind services.

 

As stated above, the submission under the RCF for the purchase and installation of a retractable seating system for the Ross Family Studio was submitted on Monday 4 September 2017.

 

Options

 

This report is for the noting only.

 

Community Engagement & Internal Consultation

 

As detailed earlier in this report, one key component to the SCCF is community consultation. Councils are required to consult with their communities, noting that it is recommended that each local government area submit projects that strongly reflect community preferences. For the SCCF, Council staff have taken the view that considering substantial community engagement was undertaken in April & May 2017 (and earlier) in relation to strategic priorities for inclusion in Council’s 2017-2018 Operational Plan. As the projects for application under the SCCF are finalised, further specific community engagement may be required and will be agreed upon on a case by case basis. In broad terms, Council will address the engagement component of the funding application by relying on feedback from previous engagement with the community across the Operational Plan and other plans such as the Recreation Action Plan etc.

 

No specific community engagement was undertaken in relation to the funding application made under the RCF, however several letters of support were received by the Glasshouse for this seating upgrade by groups and users of the space.

 

Planning & Policy Implications

 

There are no direct policy implications in relation to this report.

 

From a planning point of view, if the SCCF projects as nominated in this report are successful, then there may be implications for those projects currently listed in the 2017-2018 Operational Plan. Once the result of the funding applications is known, a further report will be tabled at a future meeting of Council if there is a requirement to move various projects around or add projects into the Operational Plan as the case may be.

 

Financial & Economic Implications

 

There will be financial implications for Council if the projects applied for under the SCCF and RCF are successful, however the full extent of the financial implications (which should be positive), will not be known until such time as we understand whether the applications have been successful or not.

 

Once the result of the funding applications is known (in early 2018), a further report will be tabled at a future meeting of Council if there is a requirement to reallocate funding from some projects to others or for other purposes within the 2017-2018 Operational Plan.

 

As detailed earlier in this report and in relation to the application for funding for the purchase and installation of a retractable seating system for The Ross Family Studio performance space within the Glasshouse, Councils financial contribution is $9,980 ($8,000 cash contribution and $1,980 in-kind contribution) and these costs are covered by existing 2017-2018 Glasshouse budget allocations.

 

No specific economic impact assessment has been undertaken on the overarching economic implications of the projects discussed in thi1s report. Some basic work around this may be required as part of the actual application process.

 

 

Attachments

 

1View. Regional Cultural Fund Guidelines

2View. Stronger Country Community Fund Guidelines

3View. Regional Growth Fund Brochure

 


AGENDA                                                                                Ordinary Council

20/09/2017

 

 

Item:          09.05

 

Subject:     2017 Local Government NSW Annual Conference

Presented by:  General Manager, Craig Swift-McNair

 

 

Alignment with Delivery Program

 

1.2.1 Promote Council participation and build linkages in local, state and federal initiatives, forums and opportunities to support Council’s continued planning for the growth of the region.

 

 

 

RECOMMENDATION

 

That Council:

1.       Grant approval for Mayor Peta Pinson, Councillor Geoff Hawkins and Councillor Peter Alley to attend the 2017 Local Government NSW Annual Conference to be held in Sydney from 4 to 6 December 2017.

2.       Determine that Mayor Peta Pinson, Councillor Geoff Hawkins and Councillor Peter Alley be Council’s voting delegates for the Elections of Office Bearers and the Board of Local Government NSW at the Conference.

3.       Determine that Mayor Peta Pinson, Councillor Geoff Hawkins and Councillor Peter Alley be Council’s voting delegates for voting on motions which determine the policies and priorities for the Local Government NSW and the sector.

 

Executive Summary

 

The 2017 Local Government NSW Annual Conference will be held at the Hyatt Regency, Sydney from 4 to 6 December 2017.

 

Mayor Peta Pinson and Councillors Geoff Hawkins and Peter Alley have indicated their interest in attending the Conference. 

 

Council is also required to determine who will be the voting delegates at the Conference.

 

The General Manager will also be attending the Conference.

 

Discussion

 

The Local Government NSW Annual Conference is the signature event of the year for all NSW Councils and provides a forum in which to debate important issues pertinent to our local communities.  It also provides the opportunity to hear from State and Federal Government leaders, business representatives, community groups and academics.

 

The Draft 2017 Conference program includes keynote speeches from:

·    Hon Gladys Berijiklian MP (NSW Premier)

·    Hon Gabrielle Upton MP (Minister for Local Government)

·    Hon Peter Primrose MLC (Shadow Minister for Local Government)

·    Hon Melinda Pavey MP (Minister for Roads, Maritime & Freight)

·    Dr Jonathan Carr-West (Chief Executive, Local Govt Unit UK)

·    Ms Carolyn McNally (Secretary, Dept of Planning & Environment)

·    Mr Stuart Reeve (Managing Director, Micromex Research & Consulting).

4.             

A copy of the draft Conference program is attached for information.

 

As per Council’s “Payment of Expenses and Provision of Facilities to Councillors” Policy, a Councillor may nominate or be nominated to attend conferences, seminars, or similar functions.

 

Mayor Pinson and Councillors Geoff Hawkins and Peter Alley have indicated their interest in attending the 2017 Local Government NSW Conference. 

 

Voting Delegate Entitlements

 

The Conference will involve two types of voting.  There will be two rolls of voters, one for voting in the elections for Office Bearers and the Board of Local Government NSW and a separate roll of voters for voting on motions which determine the policies and priorities for Local Government NSW and the sector.

 

Council’s voting entitlements in past years has been four (4) voting delegates and this will be confirmed by Local Government NSW in October 2017. 

 

Reporting Requirements for Conferences

 

As per Council’s Policy, the Mayor and Councillors attending the Local Government NSW Annual Conference are not required to provide a written report following the Conference.

 

Options

 

Council could determine not to send delegates to the annual conference or choose to send more or less delegated to the annual conference.

 

Internal Consultation

 

·     Mayor;

·     General Manager;

·     Councillors.

 

Planning & Policy Implications

 

This report satisfies the requirements of Council’s Payment of Expenses and Provision of Facilities to Councillors Policy.

 


 

Financial & Economic Implications

 

The 2017-2018 budget contains an allocation for expenses pertaining to conferences and out-of-pocket expenses for Councillors. The attendance by Councillors at the Conference can be funded from within the existing budget allocation.

 

The estimated cost to attend the Conference is $6,700 which includes conference registrations and accommodation for the Mayor, Councillors and the General Manager. In addition to the above, there will be costs associated with travel and any out-of-pocket expenses, as allowed for under the Policy and these will be at the expense of Council.

 

Attachments

 

1View. 2017 Local Govt NSW Annual Conference Draft Program

 


AGENDA                                                                                Ordinary Council

20/09/2017

 

 

Item:          09.06

 

Subject:     Question from Previous Meeting - NSW Government Funding

Presented by:  General Manager, Craig Swift-McNair

 

 

 

 

 

RECOMMENDATION

 

That Council note the information provided in relation to NSW Government funding.

 

Question from Councillor Intemann

 

What action is Council taking to increase its potential for funding from the NSW Government, such as better targeting of applications, meeting with Ministers etc.?

 

Comments by Councillor (if provided):

 

Nil.

 

Response

 

Grant Funding:

 

There are many grant funding opportunities that are available to Councils in NSW from both the State and Australian Government at any given time. Council addresses these grant funding programs as and when it has projects that align with the purpose of those funds. It should be noted that the vast majority of funding programs are a competitive process, meaning that Port Macquarie-Hastings Council competes with other NSW Councils for funding from such programs, with no guarantee that any funding will be forthcoming.

 

In recent months the NSW Government has released details relating to the Regional Growth Fund (RGF). The RGF is a $1.3 billion fund broken into six specific funding programs with the aim of supporting regional NSW. The funding programs under the Regional Growth Fund umbrella that relate to Port Macquarie-Hastings Council are as follows:

 

-      Regional Sports Infrastructure;

-      Regional Cultural Fund;

-      Growing Local Economies;

-      Stronger Country Communities.

 

There are another two funds under the RGF umbrella that do not relate directly to this Council and they are the Connecting Country Community fund that is targeting communications infrastructure and data connectivity and Resources for Regions, which supports job creation and economic growth in mining communities in NSW.

 

Following briefings on the RGF from the Member for Port Macquarie, Leslie Williams and the Regional Director North Coast & Northern Inland from the Office of Regional Development (Department of Premier and Cabinet) and several subsequent meetings with the Member for Port Macquarie and the Member for Oxley, Melinda Pavey, Council commenced working on what current and future projects would be aligned to the various funds within the RGF. This is not a simple issue as each separate fund has its own set of evaluation / assessment criteria that Council must meet for each project it puts forward.

 

It is fair to say that the approach being taken by Council around the RGF has been the most coordinated approach the organisation has taken to date around grant funding. The General Manager, all Directors and the majority of Group Managers have had discussions and input into the projects and programs we might be able to put forward as part of the various funds now available.

 

In addition to the above, the General Manager and the Director Corporate Performance have worked with the External Grants & Revenues Portfolio Councillors (Councillors Mike Cusato and Peter Alley), in reviewing what projects may be most suitable for putting forward under each of the separate funding programs.

 

A separate report on this September 2017 Council agenda addresses the RGF and the recommended projects being put forward by Council at this stage of the various funding programs.

 

Meetings with NSW Ministers:

 

Plans are currently being finalised for a range of meetings to take place between Council (the Mayor and General Manager) and various NSW Ministers in Sydney in October / November 2017, noting that exact dates for these meetings have yet to be finalised. These meetings will be hosted by the Member for Port Macquarie, Leslie Williams.

 

The aim of the visit to Macquarie Street is to meet with as many Ministers or senior departmental staff as possible that have portfolios that impact on a regional growth centre like the Port Macquarie-Hastings. This is likely to include issues such as:

 

-      Port Macquarie Orbital Road;

-      Additional funding for the Ocean Drive Duplication project;

-      Pacific Highway handover when the new highway is complete;

-      Funding for the Boundary Street upgrade;

-      Funding for projects within the Council adopted Recreation Plan;

-      Updates on the Urban Growth Management Strategy;

-      Short St Plaza Car Park site and the future of the site;

-      Local government reform;

-      Major events;

-      Highway destination signage;

-      Relocation of government departments to the local government area;

-      Regional growth in general.

 

Please note that the above list is not meant to be exhaustive, as it will be refined once availability of the various Ministers is better understood.

 

It should also be noted that in the past four to six weeks, meetings have taken place between the Mayor, General Manager and the Member for Port Macquarie Leslie Williams, the Member for Oxley Melinda Pavey and the Federal Member for Cowper Luke Hartsuyker and there have been several telephone conversations between the General Manager and the office of the Federal Member for Lyne, Dr. David Gillespie. These meetings and discussions have covered a broad range of issues from funding opportunities through to current and future Council projects etc.

 

Council will continue to be proactive in building meaningful relationships with our local members, both State and Federal and will continue to work with all levels of government to ensure our local government area is considered for all possible funding opportunities that align with Council and community priorities.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

20/09/2017

 

 

Item:          09.07

 

Subject:     Question from Previous Meeting - Director Infrastructure Position

Presented by:  General Manager, Craig Swift-McNair

 

 

 

 

 

RECOMMENDATION

 

That Council note the information provided in relation to the Director of Infrastructure position.

 

Question from Councillor Levido

 

Could the General Manager advise the current position as to the filling of the currently vacant Director Infrastructure role?

 

Comments by Councillor (if provided):

 

Nil.

 

Response

 

The Director Infrastructure role was first advertised in May 2017, with interviews taking place in early June 2017. An offer was made to one of the candidates, but that offer fell through when the candidate decided to remain in their current position.

 

Readvertising for the role commenced in early August, with a closing date of 3 September 2017. Interviews for the role are scheduled to take place in late September 2017.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

20/09/2017

 

 

Item:          09.08

 

Subject:     Property Investment Policy

Presented by:  Strategy and Growth, Jeffery Sharp

 

 

Alignment with Delivery Program

 

1.5.3 Develop, manage and maintain Council Business Units through effective commercial management.

 

 

 

RECOMMENDATION

 

That Council:

1.       Place on public exhibition from 25 September 2017 until 24 October 2017 (28 days) the draft Property Investment Policy.

2.       Note that a further report will be tabled at the November 2017 meeting of Council, detailing the submissions received from the public during this exhibition period.

 

Executive Summary

 

Council has developed a Property Investment Policy to establish a structured and prudent approach to property investment. The Policy formalises the use of property investment by Council, to contribute to financial sustainability, and to improve long-term outcomes for the community.

 

Under the Policy, Council will utilise property investment to establish a recurring income stream that supplements the traditional income base of rates, charges, and government grants; and to invest in property assets to meet future community, operational and growth needs.

 

Discussion

 

Council currently owns approximately 1,150 individual properties, which are split approximately 50/50 between Operational classified land and Community classified land.

 

In the June 2015 “Fit for the Future” submission to the Office of Local Government, Council identified “the establishment of a property business unit to drive a stronger business focus on land assets”, as a key strategy to improve operational performance and long-term financial sustainability. Property assets and property investment activities were identified on the basis that “these initiatives will increase revenue, harvest ongoing savings and/or reduce expenditure”.

 

To contribute to the long-term financial sustainability of Council, and improve outcomes to the community, a Policy is required to clearly define Council’s objectives, approach and responsibilities as they relate to property investment and the strategic management of its property assets.

 

The principles of Policy provide a framework to ensure a consistent and informed approach to the management of a property investment portfolio, ensuring:

 

         The establishment of a documented process to guide the decision making process;

         A reference guide that will survive successive Councils; and

         The overall mix and nature of property assets meets the strategic direction of Council.

 

Options

 

Council may either choose to place the draft Property Investment Policy on public exhibition, or to proceed without a policy.

 

Community Engagement & Internal Consultation

 

Community Engagement

 

There has been no community engagement in relation to the draft Property Investment Policy, as yet. Publically exhibiting the draft Policy will initiate the

community engagement process.

 

Internal Consultation

 

Executive Team

Senior Leadership Team

Group Manager Assets & Property Investment

 

Planning & Policy Implications

 

Planning Implications

 

A formal framework will exist to enable Council to invest in property assets and to maintain a property investment portfolio.

 

Policy Implications

 

There is currently no Property Investment Policy in place.

 

Financial & Economic Implications

 

In the initial years of establishing a property investment portfolio (expected to be the first 3 to 5 years), revenues generated from property investment activities will be allocated back to Council’s property reserve.

 

Upon establishing a stabilised revenue stream within this portfolio, (expected to be within 5 years), Council will look to implement a mechanism whereby a portion of revenue from property investment activities is paid as a dividend back to Council.

 

Attachments

 

1View. Policy - Property Investment Draft for Public Exhibition


AGENDA                                                                                Ordinary Council

20/09/2017

 

 

Item:          09.09

 

Subject:     Investment Policy -  Review and Rating Agency Downgrade

Presented by:  Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

1.5.1 Manage Council’s financial assets and provide accurate, timely and reliable information.

 

 

 

RECOMMENDATION

 

That Council:

1.       Adopt the recommended course of action to hold the investments impacted by the rating downgrade event until maturity.

2.       Place the revised Investment Policy on public exhibition from 27 September 2017 to 24 October 2017 (28 days).

3.       Note that a further report will be tabled at the November 2017 meeting of the Council detailing the submissions received from the public in relation to the Investment Policy, during the exhibition period.

 

Executive Summary

 

In May 2017, a significant rating agency downgrade event by credit rating agency Standard and Poors (S&P) occurred. This event resulted in the downgrade of a number of financial institutions, and impacted the rating of certain institutions with which Council holds investments.

 

Due to the downgrade event, Council needs to make a decision with respect to policy clarification and the course of action regarding the impacted investments.

 

Additionally, Council’s Investment Policy has been reviewed in its entirety with a number of recommended changes unrelated to the downgrade event.

 

Discussion

This report has two key components:

 

1.       Recent Rating agency downgrade event and the recommended course of action including changes to policy.

2.       General investment policy review.

 

1.       Recent Rating agency downgrade event and the recommended course of action including changes to the policy.

 

In May 2017, the credit rating agency Standard and Poors undertook a significant rating downgrade event.  This was due to what S&P described as “the build-up of economic circumstances”.

 

This event resulted in the downgrade of a number of Australian financial institutions including four with which Port Macquarie- Hastings Council (PMHC) holds investments. All of these are term deposits.

 

Moody’s rating agency also downgraded a number of institutions, but the institutions with which Council invests were downgraded to a lesser extent.

 

This recent downgrade has highlighted some lack of clarity within Council’s Investment Policy in terms of ratings to be used. The current policy identifies the use of both S&P and Moodys rating framework but does not specify when each should be used.

 

Additionally, the investment policy specifies exposure limits based on rating categories. 

 

As a result of the downgrade event, using S&P ratings, results in PMHC exceeding the BBB rating band limit.  Using a mixture of Moody’s and S&P does not.

 

Options with respect to Investments Impacted by Downgrade

 

Council has assessed options in light of the downgrade including:

a.  Immediate divestment of BBB rated investments to meet both total portfolio and institutional limits.

b.  Part divestment to comply with individual institutional limits only.

c.  Retain investments until natural maturity and refrain from further investment within BBB band until limits are reached using S&P.

 

Impact of Divestment

The potential impact of divesting is significant.

 

Under option a) with some optimisation, the loss for Council could be as high as $1.3m.

Under option b) (which is only a part solution), the impact could still exceed $200k.

Under option c) with natural maturity, based on the current portfolio, and with the assumption that amounts maturing would largely be reinvested, Council would be back within:

-      Institutional limits by approximately June 2018; and

-      Overall portfolio limits by approximately April 2019.

 

Key Considerations:

 

-        The potential loss resulting from divestment to reach portfolio limits is significant.

-        Should the investment level change, this could impact timeframes to reach policy, and also the percentages within each band.

-        Moody’s downgrade has less impact for PMHC than S&P which results in inconsistencies.

-        All investments remain at or above investment grade other than approved unrated investments.

-        By April 2019 Council would likely reach policy limits with natural attrition.

-        Part divestment (option b) would correct institutional limits and has a lesser financial impact, but still does not address portfolio limits. It is only a part solution.

 

Recommended Course of Action Following the Downgrade Event

 

It is recommended that:

1.   PMHC maintain the investments to maturity ensuring no future investments in the impacted categories (BBB band) until policy limits are reached.

2.   As a result of the downgrade the investment policy be updated to:

a.    specify that in the event of a downgrade/ upgrade event which results in movement outside policy limits  that an assessment and recommended approach will be made to Council as soon as practicable.

b.    That in the event of a change in policy limits due to a policy review, that grandfathering be allowed.

c.    Specify that use of Fitch or Moody’s equivalent ratings only be used in the event that there is no S&P rating, with Moody’s to be used first before Fitch.

d.    Modify the maximum allowable portfolio % for A category from 60% to 55% with grandfathering allowable as above.

e.    Modify the maximum individual limit for A category from 20% to 15% with grandfathering allowable as above.

 

2.    Policy Review and Recommended Changes

 

An overall policy review has also been conducted with a number of changes proposed.

 

The changes proposed are both minor, and also more significant in nature.

 

The more significant changes include:

 

1.       Additional guidance under credit rating tables such as investment preference- preference not to invest in BBB- products.

2.       Inclusion of a limit for investments with T Corp in Portfolio Credit limits.  Investments with T Corp are allowed under the current policy however no set limit is prescribed.  It is recommended that a limit should be specified for purposes of clarity.

3.       Change in credit exposure to include a combined minimum of a 60% investments in the AAA, AA and A rated institutions within the Overall Portfolio Credit Framework.  

4.       Inclusion of guidance that generally Council will avoid investment in unrated entities in the absence of significant benefits or the investment is with a local community financial institution.

5.       Removal of the reference to short term ratings. PMHC has not used short term ratings, and this was seen as confusing given the lack of complete alignment between short and long term ratings. 

6.       Expansion of individual credit rating limits to note that where the investment is with a 100% Commonwealth Government or 100% Government Guaranteed deposit then no upper limit shall apply to the counterparty.

7.       Specification that in the event of a downgrade/ upgrade event which results in movement outside policy limits  that an assessment and recommended approach will be made to Council as soon as practicable.

8.       Allowance of grandfathering in the event of policy review changes or ratings review or other changes such as ownership. Grandfathering allows investments to continue to natural maturity.

9.       Specify that use of Fitch or Moody’s equivalent ratings only be used in the event that there is no S&P rating, with Moody’s to be used first before Fitch.

10.     Reduce the maximum allowable portfolio percentage for A category from 60% to 55%.

11.     Reduce the maximum individual limit for A category from 20% to 15%.

 

Options

 

1.       Council could choose to adopt the recommended course of action in relation to the downgrade event, and to adopt the recommended policy changes. This is the recommended option.

2.       Council could choose to make amendments to these.

3.       In noting the request by Climate Change Australia (refer to the Community Engagement & Internal Consultation section below) Council could also choose to include within the Policy a statement in reference to Fossil Fuel Investments. Such a statement could include:

 

Subject to consideration of the Risk Management Guidelines in this policy, preference is to be given to financial institutions that publicly state do not invest in or finance the fossil fuel industry if:

 

-      The investment is compliant with Council’s Investment Policy; and

-      The investment rate of interest is equivalent to or favourable to Council relative to other similar investments that may be on offer to Council at the time of the investment.”

 

Community Engagement & Internal Consultation

 

Climate Change Australia has consulted with Council, and requested Council to give preference in its investments to financial institutions that do not invest in the fossil fuel industry with the ultimate aim of being fully divested from fossil fuel aligned institutions. Discussions with Councillors in regard to Fossil Fuel Investments was included in a staff briefing to Councillors on the Investment Policy which was held on 23 August 2017.

 

Given the potential impact on Council’s investment portfolio, this has not been included in the revised Policy, but is an option for consideration as outlined in the Options section this report.

 

On 10 August 2017, the Audit, Risk and Improvement Committee were presented with the recommended course of action in relation to the downgrade event.

 

The committee endorsed the recommended course of action in relation to the downgrade event and made various observations with respect to the policy including wording changes.

 

The revised draft policy has considered feedback from both the Audit, Risk and Improvement Committee, and subsequently feedback from a Councillor briefing held in August 2017.

 

Planning & Policy Implications

 

There are no planning implications in relation to this report.  This report recommends amendment of the Investment policy.

 

Financial & Economic Implications

 

The course of action chosen with respect to the downgrade event could have financial implications as described above.

 

The Investment Policy frameworks and requirements can inherently impact investment returns through its regulation of investments.

 

 

Attachments

 

1View. Draft Investment Policy

 


AGENDA                                                                                Ordinary Council

20/09/2017

 

 

Item:          09.10

 

Subject:     Investments - August 2017

Presented by:  Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

1.5.1 Manage Council’s financial assets and provide accurate, timely and reliable information.

 

 

RECOMMENDATION

 

That Council note the Investment Report for the month of August 2017.

 

 

Executive Summary

 

·    Total funds invested as at 31 August 2017 equals $261,175,070.

·    The actual year-to-date investment income of $1,318,990 represents 24.74% of the total annual investment income budget of $5,330,600.

·    In line with Council’s Investment Policy, the total portfolio has performed above benchmark levels.

 

Discussion

 

Overview

 

Councils (including Port Macquarie-Hastings Council) provide a broad range of services and associated infrastructure to their communities.

 

These services include (but are not limited to) the following:

 

-     Water and Sewer services;

-     Waste services;

-     Port Macquarie Regional Airport;

-     Cemeteries;

-     Roads and Bridges;

-     Various Recreation and Cultural facilities.

 

The Port Macquarie-Hastings area is a high growth centre of the North Coast region and is expected to accommodate a significant proportion of regional growth over the next two decades. The population will grow from 79,114 in 2016 to 102,926 in 2036. As a consequence of this growth, Council must not only provide services to the existing community and maintain existing assets, but Council must also plan for future maintenance and capital expenditure on the infrastructure that will be needed to support the community, business and visitors to the area into the future.

 

Council holds cash reserves as an alternative to (or to supplement) borrowing. As at June 2016, Council held $214 million in cash and reserves. Predominantly, these reserves are all allocated for specific purposes, with 70% of these reserves legally only being able to be used for the purpose for which they were collected (for example for water and sewer). The remaining reserves are also predominantly held for specific purposes (for example, for the development of the Airport, or to fund projects which have already commenced). The balances of these reserves are audited annually and published in Council’s financial statements.

 

The level of reserves held by Port Macquarie-Hastings Council is not disproportionate to other similar Councils, noting that different Council’s provide different services. Not all Councils provide Water and Sewer services for example which require significant capital investment.

 

The balances of these reserves are invested until such time as they are required. This report details how Council invests these reserves to ensure the appropriate balance between risk and financial return (through interest).

 

In April 2017 at the Ordinary Meeting of Council, Council resolved to undertake an external independent review of Council’s internal and external financial reserves. The UTS Institute for Public Policy and Governance, incorporating the UTS Centre for Local Government was engaged to undertake this review. A briefing to Councillors is scheduled to be held on 13 September 2017.

 

Current Investments

 

Council is required to undertake investments in accordance with section 625 of the Local Government Act 1993.  This report provides details of Council’s investments, and certifies that all funds that Council has invested as at 31 August 2017, comply with this Act.

 

All investments have been made in accordance with the Act and Regulations, and Council’s Investment Policy.

 

As at 31 August 2017, the investments held by Council totalled $261,175,070 and were attributed to the following funds:-

 

 

Whilst the current level of investments remain high, these largely relate to funds which have legal restrictions (for example water and sewer), or for funds held for specific purposes.

 

These funds may be spent in the shorter or longer term depending on the required timing of future works. The totals will fluctuate dependent on the status of individual projects.

 

Investments by Fund – as at 31 August 2017

 

 

Portfolio Performance

 

·    Council’s total investment portfolio performance as at 31 August 2017 was 1.46% above the benchmark (3.09% against 1.63%).  Benchmark being the Bank Bill reference rate as at 30 August 2017 as identified on www.bloombergindices.com.

·    The actual year-to-date investment income of $1,318,990 represents 24.74% of the total annual investment income budget of $5,330,600.

 

 

 

The year-to-date actual reflects total earning including both cash and accruals.

 

Investment Portfolio Mix

 

Council’s current portfolio is made up of cash and term deposits. The total term deposits represent 90.36% of the total investment portfolio.  As at 31 August 2017, the total investment portfolio was $261,175,070 which is up from $249,167,362 as at the end of July 2017. This consists of term deposits of $236,000,000 and cash $25,171,070.

 

 

 

 

Term Deposits - Current month $236,000,000 - Prior month $235,000,000

 

Council’s Investment Policy identifies the maximum amounts that can be invested in term deposits within the various maturity constraints and the amounts which can be held with various institutions based on their respective credit ratings.

 

Council’s current term deposit portfolio mix as at 31 August 2017 is as follows:

 

Table 1 - Term to Maturity

 

This table as at 31 August 2017 shows the amounts invested by various maturity profiles. These are in accordance with limits established by Council’s Policy.

 

 

 

Table 2 - Overall Portfolio Credit Framework

 

All institutions that Council invests with are rated by acknowledged credit rating agencies, Standard & Poors, Moody’s and Fitch.  Council policy specifies limits that can be invested within each rating band.   These limits are to help avoid over exposure in any rating category. The tables below group the amounts held with various institutions based on their respective credit ratings, and compares the total to the maximum limit set for each credit rating category. 

 

As advised in the previous report to Council, Standard & Poors and Moody’s downgraded a number of Australian financial institutions which affected the limits held within both the rating and institutional limit frameworks, as required within Council’s Investment Policy.

 

A review of Council’s Investment Policy, and the approach to the recent rating event has been undertaken. Recommended changes are identified in a separate report in this meeting agenda.

 

Standard & Poors

 

As previously identified, as a result of the downgrading by Standard and Poors of Bank of Queensland and Bendigo & Adelaide Bank from the A to the BBB category, the BBB category is now in excess of the policy’s maximum limits.  Despite further investment throughout July, the BBB category remains in excess.

 

 

 

Moody’s

 

Whilst Moody’s also downgraded a number of institutions, no institution was required to move to a different rating band. Council therefore remains within policy limits.

 

 

Cash - Westpac Business Cash Reserve Account

Current month $25,175,070, - Prior month $14,167,362.

 

This is not available unrestricted cash.

 

This is a maxi account which the Council uses as a cash management tool only. Funds are transferred in and out of this account daily prior to investment, given its higher rate of interest than the general payment account. Levels in this account vary dependent on the time of month and rate payer/creditor cycle.

 

Throughout the full month of August, $7 million in funds matured with $8 million in funds reinvested into term deposits. Council received a significant amount of funds at the end of August as a result of the first rates instalment due date of 31 August.  These funds will be invested at the first available opportunity early September.

 

It should be noted that funds currently within the Westpac Business Cash Reserve Account are attracting an interest rate of 2.2% being the current cash rate plus 0.7% (based on the cash rate drop on 3 August 2016), which performs better than the benchmark (1.63%  30 August 2017).

 

The largest sector of the portfolio is the term deposit allocation of $236,000,000 (last month $235,000,000) or 90.36% of the total.

 


 

Investment Portfolio by Maturity Date - as at 31 August 2017

 

 

 

 

 

*The investments highlighted in yellow in the table above are new investments for August 2017.

 

Options

 

This is an information report.

 

Community Engagement & Internal Consultation

 

Council uses the services of an independent financial advisor, on an as needs basis with investments. The investments placed this month were term deposits. At least three quotes were obtained from financial institutions in line with Council’s Investment Policy. The services of an independent financial advisor were not required. Council obtains regular updates regarding market activities positions from various institutions.

 

Planning & Policy Implications

 

There are no planning and policy implications.

 

Financial & Economic Implications

 

Benchmark and budget levels have been met on a year to date basis. On an annual basis, if benchmark levels are not reached, then this may result in budget cuts in other areas to fund the shortfall.

 

Council’s total investment portfolio performance for 31 August 2017 is 1.46% above the benchmark (3.09% against 1.63%) and year to-date income is 24.74% of the total annual budget. 

 

It should be noted that investment income is noted as a gross amount. Section 97(5) of the Local Government Act 1993 indicates that any security deposit held with Council must be repaid with interest accrued. These security deposits will only relate to bonds held for security to make good damage done to works.

 

The overall investment income will be adjusted at financial year end by the total interest refunded on repayment of bonds. As Council constantly receives and refunds bonds, it is difficult to accurately determine the quantum of these refunds. This financial year to date Council has refunded bonds with an associated interest component of $11,688.55 which will be monitored and advised monthly.

 

Certification

 

I hereby certify that the investments listed within this report have been made in accordance with Section 625 of the Local Government Act 1993, clause 212 of the Local Government (General) Regulation 2005 and Council’s Investment Policy.

 

 

Robyn Wilson

Responsible Accounting Officer

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

20/09/2017

 

 

Item:          09.11

 

Subject:     Monthly Financial Review for August 2017

Presented by: Corporate Performance, Rebecca Olsen

 

Alignment with Delivery Program

1.5.1 Manage Council’s financial assets and provide accurate, timely and reliable information.

 

 

RECOMMENDATION

 

That Council adopt the adjustments in the “Financial and Economic Implications” section of the Monthly Financial Review Report for August 2017.

Executive Summary

 

This report will detail the monthly budget adjustments to 31 August 2017.

 

The Council adopted budget position as at 1 July 2017 was a shortfall of $586,858. 

The budget adjustments for August 2017 contained within this report will reduce this shortfall position to $319,641.

 

Discussion

 

Monthly Budget Adjustments for August 2017

 

Each month, Council’s budgets are reviewed by Managers and Directors with any required adjustments 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 original adopted 2017-2018 budget along with the proposed movement of funds to accommodate any changes.

 

Monthly Budget Review Summary

 

 

Original Budget as at 1 July 2017

 

Shortfall

 

($586,858)

Plus adjustments:

 

 

July Review

Balanced

$0

August Review

Surplus

$267,217

Forecast budget position for 30 June 2018

Shortfall

($319,641)

 

August 2017 Adjustments

The following adjustments reflect the budget adjustments included in this report that impact Council’s budget position:

 

Item

Surplus/

Shortfall

Amount

Comment

Financial Assistance Grant – General Purpose Component

Surplus

        $212,752

Council has received notification of the Financial Assistance Grant – General Purpose component for 2017/18 and it is more than budgeted due to the uncertainty around CPI increases.

Financial Assistance Grant – Local Roads Component

Surplus

          $85,265

Council has received notification of the Financial Assistance Grant – Local Roads component for 2017/18 and it is more than budgeted due to the uncertainty around CPI increases.

Strategic Projects Officer

Shortfall

   ($30,800)

Council approved a Strategic Projects Officer position on the 19 April 2017 as part of the organisational restructure.  This adjustment reflects the general fund component as the cost is being allocated across all four funds.

Total

Surplus

    $267,217

 

 

The following adjustments reflect budget movements as a result of over-expenditure reviews, transfers between accounts, grant funding, transfer from reserves and additional receipts etc. that have no impact on the budget position (for example additional income has an associated expenditure budget):

 

Description

Notes

Funding Source

Amount

Grant Funds

1

Grant/Env Levy

$304,000

Contributions

2

Contributions

$7,892

S94 Transfers

3

S94

$15,450

Council Report adjustments

4

Reserve

$650,000

Reserve Transfers

5

Reserve

$152,826

Transfers between projects

6

Revenue/Reserve

$618,492

Total

 

 

($1,748,660)

The following are included in the August 2017 adjustments:

1.    A number of additional grants have been received and included this month, the total increase in project value for 2017/18 is $304,000:

 

-     Council has received a 50:50 grant for the Middle Rock and Chepana Street Stormwater Works.  The grant is for $57,000 with Council required to contribute $57,000 for a total project cost of $114,000.

-     A grant of $22,000 was received last financial year for the Fire & Biodiversity Consortium – Iconic Koala Fire Management Project.  Kempsey Shire Council has received a grant of $20,000 for a similar project and has forwarded these funds to Council so that both grants can be expended together.

-     CPTIGS Bus Shelter Project.  Council has received $180,000 towards this project from Transport NSW.  The budget included for this financial year is $90,000.

-     The Rural Fire Service has given Council a grant of $80,000 for the Hollisdale Rural Fire Brigade Modular Toilet/Change Room Amenities.

2.       Council has received $7,892 in contributions towards Compensatory Koala Food Tree Planting.

3.       Council has been collecting Voluntary Planning Agreement contributions for Area 14 Stage 1B – Environmental Land Management.  $15,450 of these contributions are now to be expended on Middle Rock Seawide Environmental Management.  

 

4.       There are two adjustments totalling $650,000 due to Council resolutions included in this review:

 

1.   Item 15.06 to the Committee of the Whole meeting of 21 June 2017 has resulted in $330,000 being transferred from the PM Airport – Business Precinct/Airport Improvement project to the PM Airport – Parallel Taxiway.

2.   Item 14.02 to the Committee of the Whole meeting of 16 August 2017 has resulted in an increase in the project budget on Batar Creek Bridge (O’Neills Bridge) of $320,000.  This has been funded out of the road renewal reserve.

 

5.       Three projects have required reserve funding this month:

 

1.   Council has been undertaking a Gas Trial at the Cairncross Landfill.  Four wells have been installed at various sites across the landfill facility to access methane gas.  Poor gas flow and oxygen ingress through the wells has impacted negatively on methane capture, requiring the installation of an additional four wells and auxiliary substructures at a cost of $45,000 to enable gas trial to continue.

2.   An increase of $67,826 in reserve funding has been allocated to the Oxley Oval Floodlighting.  This is to allow for the lighting upgrade from 50 lux to 300 lux.  This upgrade will upgrade the lighting to a standard suitable for night cricket which has been requested by the cricket associations.

3.   $40,000 has been allocated to Lot 139 Greenmeadows Drive.  This is to allow for pre-development activities including highest-and-best use assessment, market analysis, financial feasibility and preliminary land use planning to inform future development of this site.

1.               

6.       Funding has been transferred between projects to allow for better management:

 

-      To better control the Additional Design Funding allocation two projects have been created and funding transferred to them:

1.    Preconstruction of Rodley Street Stormwater Remediation at Bonny Hills for  $30,000

2.    Preconstruction of Stormwater Upgrade – Lake Street Laurieton for $33,000

 

-      There is currently two projects in the budget for works on the Town Green. The projects are Town Green - Implement Masterplan with a budget of $309,534 and TCMP – Construction of Town Green with a budget of $455,492.   These two projects are being undertaken simultaneously and as such the budgets have been combined to make a total budget of $765,026.

 

-      $100,000 has been transferred to Airport Precinct Planning to allow the continuation of the Airport business park planning per Council’s Airport Master Plan 2010.  The 2017/18 activities will include land use planning works in response to upcoming rezoning outcomes, market analysis to guide staging and highest-and-best use, and legal advice to develop voluntary planning agreements for the precinct.  The funding has been transferred from PM Airport – Business Precinct/Airport Improvements

 

It should also be noted that:

·     Any overspends greater than $50,000 and 2% of the project budget are reviewed and approved by the Executive Group, being their function to oversee operational activities and approve operational actions.

·     Any potential gains in interest income have not been taken into consideration into these calculations.

 

Options

 

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

 

Planning & Policy Implications

 

There are no planning and policy implications.

 

Financial & Economic Implications

Attached to the report for information is each individual budget adjustment by Division and Section. The budget movements within this report reduce the budget shortfall by $267,217 to a shortfall of $319,641.

Responsible Accounting Officer Statement

The approved original budget result for 2017-2018 was a shortfall of $586,858.  This report has reduced this position to a shortfall of $319,641.  The shortfall position is considered an un-satisfactory result for the year and as such budgets will need to be closely monitored during the remainder of the year with a view to reducing this shortfall.

 

 

Attachments

1View. August 2017 Budget Review

 


AGENDA                                                                                Ordinary Council

20/09/2017

 

 

Item:          09.12

 

Subject:     Six Monthly Delivery Program 2013-2017 - Progress Report (January to June 2017)

Presented by:  Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

1.1.4 Provide easy to understand and accessible community reporting.

 

 

RECOMMENDATION

 

That the information in the six monthly Delivery Program 2013-2017 progress report (January to June 2017) be noted.

 

 

Executive Summary

 

Six monthly progress reports on the Delivery Program are a legislated requirement of the NSW Government’s Integrated Planning and Reporting Framework.

 

The progress report lets Council and the community know the actions that have been taken relative to the objectives contained within the Delivery Program 2013-2017.

 

The Delivery Program progress report as attached is a reference document that can be used by Councillors and the community as an assessment of what has been delivered to the community. It provides information on actions, activities and projects and outlines achievements against set objectives. This report is a snapshot of Council’s progress in the final year of the 2013-2017 Delivery Program.

 

Council adopted the Integrated Planning and Reporting suite of documents including the new Delivery Program 2017 -2021 on 21 June 2017, hence future six monthly progress reports will be against the new Delivery Program.

 

Discussion

 

Delivery Program 2013-2017: six monthly progress report (January to June 2017)

 

The Delivery Program 2013-2017 was developed by Council within the legislated nine month timeframe, following elections in September 2012. It is reviewed annually to ensure that the objectives align with the Community Strategic Plan. It details objectives that are to be addressed over a four year period.

 

The document outlines the Councillors’ commitments to the Port Macquarie-Hastings community during their four year term of office. Objectives within the four year Delivery Program represent what the Council aims to deliver and they serve as a guide for Council executive and staff when developing the annual Operational Plan. The Operational Plan sets out the actions and activities that will be undertaken each financial year to deliver the overall objectives in the Delivery Program and ultimately contribute to achieving the vision and goals outlined in the long term Community Strategic Plan.

 

In a broad context, the Delivery Program represents the work Council is responsible for to meet the community’s aspirations for the future, as described in the long term Towards 2030 Community Strategic Plan.

 

By way of reporting each six months on the actions that have been carried out, Council and the community are able to see the progress made in achieving the set Delivery Program objectives.

 

Delivery Program objectives appear in each of the five key focus areas:

 

·    A Guiding Principle of Ensuring Good Governance

·    Looking After Our People

·    Helping Our Community Prosper

·    Looking After Our Environment

·    Planning and Providing Our Infrastructure

 

Each of the five focus areas in the current Delivery Program also contains a number of results statements describing the outcomes Council envisages will be achieved over the period.

 

This six monthly reporting phase relates to the four year Delivery Program 2013-2017 covering January 2017 to June 2017. It provides a snapshot of the fourth year of the Delivery Program implementation, assessing the 2016-2017 Operational Plan.

 

Snapshot of progress on key projects across the region

 

Wauchope/Rural

·    Wauchope Pool upgrade complete

·    Hyndmans Creek Bridge replacement construction underway

·    Hartys Creek Bridge replacement designs underway

·    Stage 2 Beechwood Road, reconstruction from Riverbreeze to Rosewood Road has project planning underway

·    Stages 5 and 6 designs for Beechwood Road reconstruction (Riverbreeze to Waugh Street) has project designs underway

·    Albert Street Bridge replacement has project planning complete with design finalisation pending

·    O’Neills Bridge replacement on Batar Creek Road has project planning ongoing, with design and construction tender advertised

·    Bulli Creek Bridge replacement project planning underway

·    Provision of flood lighting at Oxley Oval and Lank Bain Sports Complex ongoing

 

Laurieton/Camden Haven

·    Stingray Creek Bridge replacement ongoing

·    Southern Arm trunk main construction along Houston Mitchell Drive ongoing

·    Kendall Booster Water Pump Station upgrades delayed due to potential changes in disinfection methodology

·    Area 15 Sewerage upgrades to provide for future development ongoing

·    Detailed designs for a ultra-violet system at the Bonny Hills Sewer Treatment Plant ongoing

·    Construction upgrades to the Port Macquarie Reclaimed Water Treatment Plant complete

·    Kew Transfer Station construction complete

·    Playground replacement undertaken at Lake Cathie Community Hall

Port Macquarie

·    Port Macquarie Indoor Stadium upgrade complete

·    Wayne Richards Park Stage 3B detailed designs and approvals underway

·    Lake and Blackbutt Road intersection upgrade complete

·    Gordon and Horton Street to Lake Road construction upgrades underway

·    The environmental impact and concept study for Thrumster (Area 13) Sewerage Treatment Plant currently has the project plan under development

·    Port Macquarie Sewer Pump Station 71 designs ongoing

·    Playground replacement undertaken at Oxide Park, Muston Street Reserve and Innes Lake Park

·    Pathway replacement at Kooloonbung Creek complete

·    Children’s cycle track Blair Reserve complete

 

Progress Report Summary by Focus Area

 

Ensuring Good Governance

 

Results Statements

·    The community actively participates in Council decision making

·    The community is experiencing benefits gained from Council working in alliance with all levels of Government

·    Effective and positive financial management is communicated to the community

·    The staff at Council enjoy a safe, inclusive and supportive environment

 

Achievement Highlights

·    A range of community engagement activities conducted which included face to face and online interactions, supporting community involvement into Council decision making on various topics, projects and services

·    The Listening and Engaging with the Community Program was delivered in Herons Creek, Comboyne and Lake Cathie and the Taking the Council to the Community Program was delivered in Laurieton and Wauchope supporting improved access to Councillors for the community

·    Over 106,000 counter enquires and more than 108,000 calls were managed through Customer Services Offices with 91% handled at first point of contact

·    There are over 2,300 active users registered on Council’s engagement portal “Have your say” and over 6,475 social media followers, extending Council’s reach via online methods using a variety of tools to engage with the community

·    The annual Community Report Card was published providing an easy to read summary of what Council delivered in 2015-2016

·    Over 1,700 Development Applications, Constructions Certificates and Complying Development Certificates were determined within agreed processing times and in accordance with legislation

·    The Business Improvement Service Review Project remained a focus helping to identify opportunities for process improvement across the organisation

 

Looking After Our People

 

Results Statements

·    A range of activities, programs and events are supported or implemented for the multiple generations within our community

·    The community is empowered.  It volunteers together to provide support, participates in community activities and uses facilities that are available

·    Community facilities, including sporting cultural and educational are maintained and improved

 

Achievement Highlights

·    Over 4,300 students participated in Beach Safety Education Programs

·    Over 550 pool inspections completed exceeding the set target of 250

·    NAIDOC Week supported, Sorry day held and Seniors Week program delivered

·    A range of activities supported including Christmas on the Beach, Moonlight movies, Australia day events, Reconciliation Week and the Countdown to Christmas event, with over 8,000 people in attendance

·    Tastings Ignites held with over 5,000 attendees. The main event attracted more than 17,000 people

·    21 Performing Arts events and 25 Visual Arts events delivered at the Glasshouse

·    Wayne Richards Sporting Talent Grant provided over $14,000 worth of financial assistance to young local athletes across a range of sports

·    The Imaginarium, a free-to-use studio featuring a wide range of recording equipment and software at Port Macquarie Library continues to be well used by people across the region with over 400 bookings recorded

·    Over 15,000 books have been added to Library resources across the region

 

Helping Our Community Prosper

 

Results Statements

·    There is an increased opportunity to undertake tertiary study within the Port Macquarie-Hastings region

·    Airport usage is increasing

·    Business and industry sectors across the local government area are well supported and growing

·    Tourism visitation numbers are increasing

 

 

Achievement Highlights

·    The combined operating revenue for Council’s business units including Port Macquarie Airport, Innes Gardens Crematorium and the Glasshouse is 3% higher than the YTD data from the prior year

·    Port Macquarie Historic Cemetery upgrade complete

·    Implementation of the Major Events Strategic Action Plan and the Greater Port Macquarie Destination Management Plan ongoing

·    25 major events sponsored during July 2016 to June 2017, contributing a combined total of $33.63 million to the local economy an increase of over 17% from the prior year

·    11 local events were supported under the Events Sponsorship program with a combined economic impact of $2.93 million for the local community

·    Promotion and support of the Wauchope Motor Cycle friendly town initiative

·    The Digital Strategy implementation underway with Town Centre free Wi-Fi trail commenced in March 2017

·    Over 5,300 aircraft movements and more than 225,000 passengers were recorded at Port Macquarie Airport

·    Airport Master Plan implementation commenced. The next key stages of development are progressing and include the upgrade of the passenger terminal building

 

Looking After Our Environment

 

Results Statements

·    We have healthy functioning bushland ecosystems, clean waterways and beaches that are rich in biodiversity

·    There is increased recycling and waste reduction across the local government area

·    There is increased usage of reclaimed water across the local government area

·    Our sewerage system is efficient and environmentally compliant

 

Achievement Highlights

·    20% of all plant nurseries in the local government area inspected for invasive weeds

·    The Weed Management Program has seen over 2,3000kms of weed dispersal routes treated, over 1,000ha of land treated for invasive weeds and more than 300 properties inspected for invasive weeds

·    The Bushland Regeneration Program has resulted in 1,100ha of public bushland reserves regenerated across the region

·    Waste education programs targeting general waste reduction and increasing recycling and organic/full food waste recycling under development

·    Construction of Kew Transfer Station complete

·    Development application and designs for Kingfisher Waste Depot complete

·    Draft Biodiversity Strategy completed

·    Over 1,790 customer requests relating to tree management were processed with ongoing educational material provided and over 60 illegal tree works reported and investigated

·    Wrights and Yarranabee River Flood Study review complete

·    Hastings River Flood Study review complete

·    Open Space Development Contributions Plan review complete with a draft plan prepared

·    The Development Assessment Panel has provided a transparent and efficient legislative process with no reported successful legal appeals recorded

 

Planning and Providing Our Infrastructure

 

Results Statements

·    Open space and recreational facilities are well maintained

·    A focus is on improving transport assets through structured maintenance programs

·    Planning and design for future projects are completed a year ahead for transport, water, sewer, stormwater and parks and recreation assets

 

Achievement Highlights

·    Construction of Stingray Creek Bridge replacement ongoing

·    Over 950 meters of footpath construction complete in Port Macquarie, Kendall and Wauchope as part of the footpath/cycleway program

·    Lake and Blackbutt Road intersection upgrades complete

·    Design and preconstruction work for Greenmeadows to Matthew Flinders Drive duplication ongoing

·    Gordon Street to Aston Street construction on Hastings River Drive complete

·    Design and preconstruction works associated with the Town Square project complete, construction commenced in June 2017

·    Sealing works on Mountain View Road to Fairwinds Avenue including intersection of Sirius Drive complete with final sealing works planned for September 2017

·    Construction of the roundabout at Hill and Granite Street complete

·    Gordon and Horton Street to Lake Road construction upgrades underway

·    Road resurfacing and rehabilitation works undertaken throughout the region that has included areas in Wauchope, streets surrounding Blackbutt Dr and Cowarral Cct. Pavement preparation is underway near Rocks Ferry, Colonial Circuit, Yippin Creek Rd, Redbank Rd and Old King Creek Rd. Other areas planned for road rejuvenation include the streets near Riverbreeze Dr and Colonial Cct,

·    Road rehabilitation projects nominated for delivery in 2016-2017 included King Creek Road, Wauchope (completed), Sarahs Cres, Wauchope (underway), Diamond Head Rd, Dunbogan (completed),  Captain Cook Bicentennial Dr, Laurieton (completed), Glen Haven Dr, Lakewood (completed),  Stoney Creek Rd, Wauchope (completed), Ocean Drive, Lakewood (early July), Ocean Drive, Bonny Hills (early July), Ocean Drive, Lake Cathie (early July).  The Camden Head Rd, Dunbogan rehabilitation project moved to the 2017-18 works programme to integrate the proposed Beach to Beach Footpath works and the planned watermain relocation into a combined project.

·    Port Macquarie Indoor Stadium upgrade complete

·    Wauchope Pool upgrade complete

·    Stage 2 boat ramp upgrade at Westport Reserve complete

·    Construction of public toilets at Town Beach (north) complete

·    Construction of new public toilets at Bonny Hills Reserve complete

·    Playground equipment replacement program complete

·    Leash free dog area at Henry Kendall reserve complete

·    Master Plan development for the Port Macquarie Coastal Walk underway

·    Planning amendments for neighbourhood planning at Thrumster (Area 13) has  detailed project plans prepared

·    Wayne Richards Park Stage 3B detailed designs and approvals underway

·    Construction of Southern Arm trunk main along Houston Mitchell Drive ongoing

·    Short Street drainage condition rating and investigations complete

·    Open drain reprofiling at Oleander Ave and Koala Street complete

 

Further details can be found in the attachment to this report providing information on the overall achievements against objectives detailed in the Delivery Program 2013-2017.

 

Options

 

It is a statutory requirement under the Integrated Planning and Reporting legislation to report on what has been delivered against the Delivery Program on a six monthly basis. Council could seek further information on the contents of this report or the attachment.

 

Community Engagement & Internal Consultation

 

·    Planning and Reporting Officer

·    Integrated Planning and Reporting Development Officer

·    Group Manager Corporate Performance

·    The General Manager, Directors, Group Managers and staff reporting against the 2016-2017 Operational Plan which provides data for the Delivery Program Progress Report

 

Planning & Policy Implications

 

This report is aligned with legislative obligations under the Local Government Act and regulation and the requirements of the NSW Integrated Planning and Reporting Framework.

 

Financial & Economic Implications

 

Monthly and quarterly financial reports to Council align with the reporting period referenced in this report.

 

Attachments

 

1View. Six monthly Delivery Program 2013-2017 progress report (January 2017 to June 2017)

 


AGENDA                                                                                Ordinary Council

20/09/2017

 

 

Item:          09.13

 

Subject:     Payment of Water Fund Dividend for the Year 2015-2016

Presented by:  Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

1.5.1 Manage Council’s financial assets and provide accurate, timely and reliable information.

 

 

 

RECOMMENDATION

 

That Council:

1.       Note the achievement of substantial compliance with each of the six best practice guidelines (NSW Best Practice Management Guidelines for Water Supply and Sewerage, August 2007) of:

(a)                      Strategic Business Planning

(b)                      Pricing

(c)                      Water Conservation

(d)                      Performance Reporting

(e)                      Integrated Water Cycle Management

2.       Authorise the application to the NSW Government for approval to pay a dividend of $966,930 to the General Fund from Water Supply operations in accordance with the NSW Best Practice Management Guidelines for Water Supply and Sewerage, August 2007.

3.       Determine that if successful in its application that the dividend will be quarantined for stormwater works.

 

Executive Summary

 

This report provides Council with information on Council’s compliance with NSW Best Practice Management Guidelines for Water Supply and Sewerage.

 

Additionally the recommendation will allow Council to apply for payment of a dividend from Water Supply to General Fund.

 

Discussion

 

Where a Council Water or Sewerage operation has:

·     an operating surplus for the year in question, and

·     a sufficient cumulative operational surplus over the last three years

 

it may be eligible to make a dividend payment from the surplus if it meets the following requirements:

 

1.    Demonstrates best-practice management compliance through an independent compliance audit report: and

2.    Obtains an unqualified financial audit report for its water supply/and or sewerage business(es).

3.    Resolves in a council meeting open to the public that it has achieved “substantial compliance” with each criterion of the Best Practice Management Guidelines.  The criterion are set out in table 1 of the guidelines which is attached.

 

Any dividend is able to be transferred to the General Fund and is unrestricted. It is recommended that if payment of the dividend is approved, that it not be used for recurring operational expenditure but instead be quarantined for stormwater works.

 

For the 2015-2016 financial year, Council meets the surplus requirements for its Water operations, but not for the Sewerage operations.

 

Requirement 1 – Best Practice Criteria

In August 2007, the NSW Department of Water & Energy issued the final guidelines for the Best Practice Management of Water Supply and Sewerage Operations.  The intent of the Best Practice Guidelines is to ensure compliance with six Best Practice Management criteria. 

 

The six Best Practice criteria are:

 

1.    Strategic Business Planning

2.    Pricing (including Developer Charges, Liquid Trade Waste Policy and Approvals)

3.    Water Conservation

4.    Drought Management

5.    Performance Reporting

6.    Integrated Water Cycle Management

 

Within each of the above six criteria there is a required outcome that needs to be met and indicators that demonstrate the achievement of the outcome.  In accordance with the guidelines, Council has endeavoured to meet all criteria as addressed in the guidelines and to demonstrate the achievement of the criteria. 

 

The achievement of the criteria is required to be audited by an independent external Auditor.  The compliance audit for the 2015/16 financial year was undertaken by NSW Public Works Advisory and was completed in June 2017.  A copy of the audit report is attached.

 

It concluded that “Port Macquarie-Hastings Council has demonstrated “substantial compliance” with Best Practice Management of Water Supply and Sewerage in line with the DPI water Guidelines for the year ended 30th June 2016.

 

Requirement 2- unqualified financial audit report

The independent Audit Report on the Special Purpose Financial Reports for Water and Sewerage was included in Council’s Annual Statements for the 2015/16 financial year.  The audit report was unqualified and therefore meets the criteria in the guidelines. A copy of the audit report is attached.

 

Requirement 3- council resolution

It is recommended that Council resolve that it has achieved “substantial compliance” with each criterion of the Best Practice Management Guidelines. 

 

 

Application

Once Council complies with the abovementioned criteria, Council is able to apply for permission to pay a dividend from the Water Supply operations.  This dividend totals $966,930 for the financial year 2015/16.   The payment of this dividend is subject to approval by the NSW Government. Approval may or may not be granted. They may for example determine that certain criteria do not meet their required standard.

 

No dividend is available from the Sewerage operations as it has not produced a sufficient cumulative surplus over the last three years.

 

Options

 

Council has the option of applying for approval to take a dividend of $966,930 from the water fund or it can choose not to apply. If Council chooses to apply it must resolve that it has achieved “substantial compliance” with each of the criterion in the Best Practice Guidelines.

 

Council may choose to resolve that if successful that this dividend be used for certain purposes, or it may choose not to limit the application of the funds.

 

Community Engagement & Internal Consultation

 

Consultation has occurred with the Water and Sewerage sections and independent auditors.

 

Planning & Policy Implications

 

There are no planning and policy implications in relation to this report.

 

Financial & Economic Implications

 

A total dividend of $966,930 is payable by the Water Supply operations. These funds are unrestricted and therefore can be spent on any General Fund activity that Council sees fit.

 

Attachments

 

1View. Best Practice Guidelines - Table 1

2View. Best Practice Audit Report

3View. Special Purpose Audit Report 2015-2016

 


AGENDA                                                                                Ordinary Council

20/09/2017

 

 

Item:          09.14

 

Subject:     Financial Assistance Grants

Presented by:  Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

1.5.1 Manage Council’s financial assets and provide accurate, timely and reliable information.

 

 

 

RECOMMENDATION

 

That Council note the 2017-2018 Grant calculations provided by the NSW Local Government Grants Commission for Port Macquarie-Hastings Council in relation to the Financial Assistance Grant calculations.

 

Executive Summary

 

The NSW Local Government Grants Commission in their correspondence dated 22 August 2017 have detailed their Financial Assistance Grants (FAG) calculations for the 2017-2018 period for the Council, and provide an opportunity for Council to submit a special submission regarding the distribution should they deem this appropriate.

 

The Commission has asked that this correspondence be tabled at a meeting of Council.

 

Discussion

 

The attached correspondence details the FAG calculations for the 2017-18 period including:

 

1.       The measures used in the calculation of our FAGs;

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 calculating a state standard based on the collective state results and then weighting each Council against this State standard with certain disability factors. Factors which may affect calculations each year include population changes and changes in the standard costs and disability measures, local road and bridge length variations and changes in property values.  

 

Council’s amounts are determined by the Commission based on the relative disadvantages and needs of each Council.   This includes the needs of smaller rural Councils, along with those Councils which currently receive the minimum allowance yet have an increasing population base currently above state averages.  With each Council’s circumstances change each year, and there will be some variation to the actual amounts received by Council.  Excluding minor CPI adjustments, actual amounts received since 2013-2014 are as follows:

 

Financial Assistance Grant

2013/14

$k

2014/15

$k

2015/16

$k

2016/17

$k

2017/18*

$k

Totals

8,844

8,842

8,764

8,575

8,970

Movement Since 2013/14

 

(2)

(80)

(269)

126

*not yet received in full

 

 

The Federal Government paused indexation of this grant for three years commencing July 2014. For the 2017-2018 year, the Federal Government has resumed indexation of the grant, increasing this year’s quantum of funds by approximately 3.4%.

 

Whilst the resumption of indexation is welcomed, the three year freeze resulted in Council’s funding position being negatively impacted.  For example, Council received $269k less in 2016/17 than it received in 2013/14 despite inflationary pressures.

 

In August 2017, Council received notification of the methodology of calculating the grant for 2017-18. This correspondence noted the resumed indexation, and that 50 per cent of the grant was prepaid in 2016-17.  This prepayment will positively impact income in 2016-17, and adversely impact 2017-18.

 

The total grant Council will receive is $8.96m ($8.97m less an $11k CPI adjustment) including the prepayment.

 

In addition to the notification of the calculations, Council is provided an opportunity 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.  

 

Following previous discussions with the Executive Officer of the Local Government Grants Commission to explore any additional options available in relation to a special submission, Council was advised that the Commission are unlikely to consider any additional submissions for Port Macquarie-Hastings Council.

 

On this basis, there is no intention to submit any additional special submissions by the required timeframe of 30 November 2017. 

 

Options

 

Council may note the information only, or Council may choose to make a submission in relation to the methodology.

 

Community Engagement & Internal Consultation

 

There has been no community engagement.

 

Planning & Policy Implications

 

A favourable variance as described below will be included in planning.

 

Financial & Economic Implications

The amount budgeted was $8.66m.  The favourable difference of $300k will be included in the monthly finance report.

 

Attachments

 

1View. Correspondence to PMHC

2View. Appendix A

3View. Appendix B

4View. Appendix C

5View. Appendix D

 


AGENDA                                                                                Ordinary Council

20/09/2017

 

 

Item:          09.15

 

Subject:     Question From Previous Meeting - Financial Reserves Review

Presented by:  Corporate Performance, Rebecca Olsen

 

 

 

 

 

RECOMMENDATION

 

That Council note the update regarding the status of the Financial Reserves Review.

 

Question from Councillor Levido:

 

Could the General Manager advise the current position regarding the Financial Reserves Review previously requested by Council?

 

Comments by Councillor (if provided):

 

Nil.

 

Response

 

In June 2016, Council engaged the University of Technology Sydney: Institute for Public Policy and Governance, to conduct the review of Council’s Financial Reserves as per the objectives set by Council.

 

A draft report has been received by Council which is currently being reviewed.  As at the time of drafting of this report, a Councillor briefing session had been scheduled for 13 September 2017 to present the draft report and its findings to Councillors.

 

Following feedback from this briefing, it is envisaged that the report will be finalised and presented to a future meeting of Council.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

20/09/2017

 

 

Item:          09.16

 

Subject:     Recommended Item from Audit, Risk and Improvement Committee - Legislative Compliance 2016-2017

Presented by:  Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

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

 

 

 

 

RECOMMENDATION

 

That Council note the information contained in the report.

 

Executive Summary

 

The Audit, Risk and Improvement Committee met on 10 August 2017. The Committee reached consensus on Item 06 - Legislative Compliance 2016-2017 and now submits the above recommendation for Council consideration.

 

The Office of Local Government releases an annual Calendar of Compliance and Reporting Requirements for councils. This calendar includes all key deadlines for strategic management tasks for all general purpose councils in NSW. The attached report when originally developed was based on the Calendar of Compliance and Reporting Requirements but has subsequently been expanded to include additional tangible legislative requirements.

 

Attached to this report is the annual legislative compliance report for 2016-2017.

 

Attachments

 

1View. Legislative Compliance Report 2016-2017

 


AGENDA                                                                                Ordinary Council

20/09/2017

 

 

Item:          09.17

 

Subject:     Recommended Item from Audit, Risk and Improvement Committee - Audit, Risk and Improvement Committee Annual Report 2016-2017

Presented by:  Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

1.3.2 Build trust and improve Council's reputation through transparency, good decision making and living Council’s Values.

 

 

 

 

RECOMMENDATION

 

That Council note the Audit, Risk and Improvement Committee Annual Report for the period 2016-2017.

 

 

Executive Summary

 

The Audit Committee met on 10 August 2017 and presented its Annual Report. The Committee reached consensus on Item 18 – Audit, Risk and Improvement Committee Annual Report 2016-2017 and now submits the above recommendation for Council consideration.

The Audit, Risk and Improvement Committee Annual Report 2016-2017 outlines the activities undertaken by the Committee during the 2016-2017 period.

 

The Committee’s role and responsibilities are:

·     Compliance

·     Risk Management

·     Fraud Control

·     Financial management

·     Governance

·     Implementation of the Community Strategic Plan, Delivery Program and Strategies

·     Service Reviews and Performance Measurement

·     Performance of Council Functions

·     Internal Audit

·     External Audit

·     Internal Audit

·     External Audit

 

 

Attachments

 

1View. Audit, Risk and Improvement Committee Annual Report 2016-2017


AGENDA                                                                                Ordinary Council

20/09/2017

 

 

Item:          09.18

 

Subject:     NSW Crown Land Negotiation Program - Expression of Interest

Presented by:  Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

1.2.1 Promote Council participation and build linkages in local, state and federal initiatives, forums and opportunities to support Council’s continued planning for the growth of the region.

 

 

 

RECOMMENDATION

 

That Council note that an Expression of Interest has been submitted in relation to the NSW Crown Land Negotiation Program.

 

Executive Summary

 

At the Ordinary Council Meeting held on 15 February 2017, Council considered a report (see attached) on changes to the NSW Crown Land Management Act 2016.

 

The NSW Department of Industry has subsequently invited Local Councils and Local Aboriginal Land Councils (LALC’s) to participate in a Crown Land Negotiation Program 2017 – 2019 (see attached).  Essentially the Program aims to ensure that NSW Crown land is held by the most appropriate landholder – subject to the voluntary land assessment and negotiation process, this could see the ownership of Crown land transferred to local councils, Local Aboriginal Land Councils, or retained by the State.

 

As reported to Council in February 2017, a key provision of the new Act ensures that Crown land can only be vested in councils where this is agreed to by the councils - there will be no forced transfers.

 

This report notes that an Expression of Interest (EOI) has been submitted to participate in the Crown Land Negotiation Program in the 2018-19 financial year.

 

Discussion

 

The Crown Land Negotiation Program represents the next stage of the implementation of changes associated with the NSW Crown Land Management Act 2016, a summary of which was reported to Council at the Ordinary Council Meeting held on 15 February 2017.  At that meeting Council resolved as follows:


 

 

11.01 CHANGES TO THE NSW CROWN LAND MANAGEMENT ACT 2016

RESOLVED: Hawkins/Levido

That Council note the information provided regarding changes to the NSW Crown

Land Management Act 2016.

CARRIED: 9/0

FOR: Besseling, Alley, Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido and

Turner

AGAINST: Nil

 

Proceeding with the Expression of Interest is consistent with the discussion in the report, which referred to the need for further consideration once the details of the proposed Crown Land parcels are available from the Department. The Council report provides a summary of some of the potential benefits of Crown land being vested in local councils.

 

It is considered that the main benefit to Council of being involved in the Program is in gaining access to Crown Lands database to enable further assessment to be made as to any parcels of Crown Land located within the LGA that may present a strategic opportunity to Council and/or benefit to the community by being transferred into Council’s ownership. It also provides an opportunity for direct engagement with the Department to understand the potential resource and financial implications associated with the new Crown Lands Management Act 2016.

 

Council is Trust Manager of 205 Crown Reserves in the LGA and actively manages and maintains 76 of these Crown Reserves. There are another 248 Crown Land properties in the LGA that are managed directly by the Crown or individual Trusts in the LGA. All of these properties will potentially need to be investigated by Council prior to any negotiations being undertaken for possible transfer.

 

Council currently maintains a number of strategic parcels of Crown land for which it is not Trust Manager but which form part of Council’s network of recreation sites / reserves. The opportunity for these sites to be vested in Council represents an opportunity to improve Council’s management of these reserves without ongoing consultation with the Department of Industry.

 

Similarly, there are potential benefits (ie time savings) with leasing and licencing of activities on Crown land if these sites were vested in Council and therefore not subject to the extended timeframes that currently exist in seeking the Department’s approval for these activities / leases / licences.

 

Options

 

This is an information report.  It is noted that participation in the Program is voluntary and Council can withdraw from the Program at any time.

 

Community Engagement & Internal Consultation

 

Internal Consultation

 

Council’s EOI was prepared following consultation with:

 

·    Group Manager Recreation and Buildings as the asset manager of the existing Crown Land managed under Trust by Council.

·    Natural Resources section on environmental benefits and negatives.

·    Community Place for the initial contact and future liaison with LALC’s.

·    Financial Services provided valuation data and confirmed the financial data required for the EOI.

 

External Consultation

Four (4) councils participated in a trial Land Negotiation Program with the NSW Department of Industry – Corowa Shire Council (now part of Federation Council), Tamworth Regional Council, Tweed Shire Council and Warringah Council (now part of Northern Beaches Council).  Enquiries were made with Corowa Shire Council, Tweed Shire Council and Tamworth Regional Council in the preparation of Council’s EOI.

 

Contact was also made with the NSW Department of Industry officer managing the Program, to gain further detail about the Program.

 

Council also contacted the four (4) Local Aboriginal Land Councils (LALCs) to confirm whether they were intending to lodge an EOI and whether they wished to lodge a joint EOI with Council.  While Council submitted a standalone EOI, the EOI included a commitment to engage and work with all LALCs as part of the Program.

 

Planning & Policy Implications

 

There are no planning and policy implications at this time.

 

Financial & Economic Implications

 

Participation in the Program will require staff resources to pro-actively investigate and assess the Crown Land in the LGA to determine which parcels Council actively wishes to retain, the parcels it would accept transfer of from the Crown and those parcels that Council definitely does not wish to accept. Staff will also need to determine which parcels it will request to be transferred as Operational Land as opposed to Community Land.

 

The financial impact of land being transferred to Council will also need to be determined as part of the assessment process – this may include additional maintenance, the preparation of Plans of Management etc.

 

Further staff resources may be required to participate in the negotiation process with the Crown and the LALC’s and to provide updates and further reports to Council.

 

Information presented to Council in February 2017 regarding the new Crown Lands Management Act 2016 also highlighted the requirement for Council’s to employ / engage trained native title managers as part of their ongoing land management obligation.

 

All of these potential impacts and the associated benefits will need to be determined as part of the initial assessment process.

 

 

Attachments

 

1View. Item 11.01 - ORD Council Report - 15 February 2017

2View. Invitation to Participate in Crown Land Negotiation Program - Hon Paul Toole MP

 


AGENDA                                                                                Ordinary Council

20/09/2017

 

 

Item:          09.19

 

Subject:     Land Classification - Land Acquisition for Expansion of the Hollisdale Rural Fire Service

Presented by:  Corporate Performance, Rebecca Olsen

 

 

Alignment with Delivery Program

 

2.1.2 Advocate for, support and coordinate emergency services.

 

RECOMMENDATION

 

That Council classify Lot 11 DP1232850 (Pappinbarra Road, Hollisdale) as operational land.

 

Executive Summary

 

At the Ordinary Council Meeting held on 19 July 2017, Council resolved to accept the donation of land to allow for the expansion of the Hollisdale Rural Fire Shed.  Advertising of a proposed classification for the donated land has occurred.  This report allows Council to complete the land classification process.

 

Discussion

 

At the Ordinary Council Meeting held on 19 July 2017, Council considered a report on the donation of land to enable the expansion of the Hollisdale Rural Fire Shed.

 

10.01 LAND ACQUISITION - EXPANSION OF THE HOLLISDALE RURAL FIRE

SERVICE

RESOLVED: Levido/Griffiths

That Council:

1. Accept the donation of part Lot 1 DP1006795 more particularly described as Lot 11 in plan of acquisition DP1232850.

2. Pay the land conveyancing costs, if any, incurred by the owner of Lot 1 DP1006795 arising from the land donation.

3. Write to the owner of Lot 1 DP1006795 expressing appreciation for the land donation.

4. Pursuant to Section 34 of the Local Government Act 1993, commence the procedure to classify Lot 11 DP1232850 as operational land by placing on public exhibition the proposed resolution “It is intended to classify Lot 11 DP1232850 (Pappinbarra Road, Hollisdale) as operational land” from 28 July 2017 for a minimum period of 28 days.

5. Note a further report will be tabled at the September 2017 Ordinary Council meeting detailing any submissions received from the public during the exhibition period.

6. Delegate to the General Manager authority to sign:

a) Contract for the Sale of Land

b) Land Titles Office Transfer Form

c) Land Titles Office Purchaser Declaration Form

d) Letter to NSW Office of State Revenue seeking exemption from the payment of Stamp Duty

e) Survey plan of consolidation of Lot 11 DP1232850 with Lot 3 DP827075.

CARRIED: 7/0

FOR: Cusato, Dixon, Griffiths, Hawkins, Intemann, Levido and Turner

AGAINST: Nil

 

Pursuant to Resolution 4, the proposed land classification has been exhibited.  There were no submissions received during the exhibition period.

 

Options

 

As no submissions have been received, the operational land classification is appropriate.

 

Community Engagement & Internal Consultation

 

The proposed land classification was placed on exhibition in the “Community Now Notices”.

 

Planning & Policy Implications

 

There are no planning and policy implications in relation to this report.

 

Financial & Economic Implications

 

There are no financial and economic implications in relation to this report.

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

20/09/2017

 

 

Item:          09.20

 

Subject:     Compliments and Complaints Annual Report 2016-2017

Presented by:  Strategy and Growth, Jeffery Sharp

 

 

Alignment with Delivery Program

 

1.4.3 Deliver a customer focused service that provides the community a consistent experience of Council.

 

 

 

RECOMMENDATION

 

That Council note the Compliments and Complaints Annual Report for 2016-2017.

 

Executive Summary

 

In 1998, Port Macquarie-Hastings Council adopted a compliments and complaints management system.  As a result, all compliments and complaints received within the annual reporting period are tabled for Council’s information.

 

This report summarises all compliments and complaints received across the financial year from 1 July 2016 to 30 June 2017. 

 

A total of 221 written compliments for Council staff were received during the 2016-2017 which is 11% increase from the 198 compliments received during 2015-2016.

 

A total of 55 complaints were received and resolved during this period which is 89% increase compared to the 29 complaints during 2015-2016.  There has also been an increase compared with the 45 complaints received in the reporting period 2013-2014.

 

Analysis of this data indicates a rise in complaints received during this period which is against the positive and consistent trend in reducing complaints over the years.  The increase in complaints can, in part, be attributed to the following issues:

 

·     Removal of Australia Post payment option (20%)

·     Road closures/disruptions due to roadwork improvements (12%)

·     Hibbard ferry malfunction and maintenance (9%)

 

Customers are increasing their use of social media, predominately Facebook, to interact with Council and provide feedback.  Council’s social media accounts are currently managed by the Communications team.

 

Council also tacks customer requests which are defined as “the request for provision of a Council service” by an individual or group.

 

There were 24,225 customer requests received during 2016-2017 which is a 26% decrease compared to 30,583 received during the 2015-2016 reporting year.  This can be attributed to the ongoing delivery of the Operational Plan and the many improvements and maintenance made to roads, parks and playgrounds over the last 12 months.

 

Discussion

 

Compliments for Staff

 

Compliments noted in this report are those received from customers in written format through a variety of channels including letters, emails and customer feedback forms.  Compliments noted in social media are not included in this report.

 

The attached Port Macquarie-Hastings Council summary of staff compliments report     2012 - 2013 to 2016 - 2017 categorises compliments by the basis for the compliment and the business unit the staff member works.

 

A breakdown of the current year’s basis of customer compliments to staff is as follows:

 

Exceptional service delivery                          97%

New Council initiative                                      0%

Successful partnership                                    1%

Community relations enhancement                3%

 

 “Community relation enhancements” recognised by members of the community during this reporting year included:

 

·     the “wonderful organisation and content” of Artwalk 2017

·     “the additions made to Bellangry Park, specially the bike/scooter track which   have made the park even more attractive”

·     Council staff donating to the St Thomas Anglican Parish Soup Kitchen

 

Council’s Community and Economic Growth Division recorded the greatest number of compliments - 96 of the 221 received this year. Importantly, 63 of these related to Recreation & Building

 

The top business units to be recognised through compliments were:

 

Recreation and Building                                 28%

Stormwater & Drainage                                 16%

Roads                                                             15%

Customer Service & Community Place          6%

Compliance & Environment                            6%

 

Staff compliments are one way to measure the community’s satisfaction with services delivered by Council.

 

 

 

 

Complaints against Council services

 

Complaints are defined by Council’s Customer Service Policy as “an expression of dissatisfaction with Council’s policies, procedures, charges, agents or quality of service.  This definition aligns to the guideline on “Complaint Management in Councils” published by the NSW Ombudsman and the Division of Local Government. 

 

Complaints are differentiated from action requests (referrals) which are defined as “the request for provision of a Council service”.

 

The attached Port Macquarie-Hastings Council Summary of Complaints Report

2012 - 2013 - 2016 - 2017, categorises complaints by the reason the customer lodged the complaint (complaint objective) and by the business unit responsible to resolve the complaint.

 

Council staff members monitor complaints and respond in a timely manner to improve service delivery and build a more positive customer experience.

 

A total of 55 complaints were received and resolved during this period which is 89% increase compared to the 29 complaints during 2015-2016.  There has also been an increase compared with the 45 complaints received in the reporting period 2013-2014. Eleven of these complaints related specifically to the removal of the Australia Post payment option.

 

There was an increase in complaints from 2015-2016 to 2016-2017 in the following objectives:

 

-      Register concern/dissatisfaction increased from 22 to 24

-      Receive an explanation/apology increased from 2 complaints to 7.

-      Service to be provided increased from 0 complaints to 3.

-      Change in practice/policy or procedure increased from 4 complaints to 20.

 

Of the 55 complaints resolved in 2016-2017, 46 or 87% were resolved within 7 days and 7 or 13% were resolved in 28 days. The 87% of complaints resolved within 7 days is a significant improvement from the 71% resolved within 7 days in 2015-2016.

 

General

 

The 26% reduction in customer requests is a reflection of the dedicated work being undertaken by staff to ensure quality service, increase efficiencies and driving towards a more positive customer experience.

 

This reduction can also be attributed to the following:

 

·     Delivery of the Operational Plan and the many improvements made to roads, parks and playgrounds.

·     The implementation of the Customer Experience Charter and the increased understanding from Council staff of the importance in providing consistent levels of internal and external customer service.

·     Continued emphasis on engaging the community.

 

Compliment and complaint information has been summarised in the attached tables.

 

Options

 

Council may seek additional information in relation to this report.

 

Community Engagement & Internal Consultation

 

Internal engagement to raise awareness of the Customer Experience Charter and Customer Service Policy is ongoing and forms part of the employee handbook and induction program.

 

Planning & Policy Implications

 

There are no planning and policy implications in relation to this report.

 

Financial & Economic Implications

 

There are no financial and economic implications in relation to this report.

 

Attachments

 

1View. Compliments Comparison 2012-13 2016-17

2View. Complaints Comparison 2012-13 2016-17

 

 


AGENDA                                                                                Ordinary Council

20/09/2017









 

 

What we are trying to achieve

A healthy, inclusive and vibrant community.

 

What the result will be

 

We will have:

              Community hubs that provide access to services and social connections

              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 we will get there

 

2.1     Create a community that feels safe

2.2     Advocate for social inclusion and fairness

2.3     Provide quality programs, community facilities and public spaces, for example, community halls, parks and vibrant town centres

2.4     Empower the community through encouraging active involvement in projects, volunteering and events

2.5     Promote a creative and culturally rich community

 

 


AGENDA                                                                                Ordinary Council

20/09/2017

 

 

Item:          10.01

 

Subject:     8th Handa Dashi Float Festival and 80th Anniversary of Handa City, Japan

Presented by:  General Manager, Craig Swift-McNair

 

 

Alignment with Delivery Program

 

2.5.1 Support cultural activities within the community.

 

 

 

RECOMMENDATION

That Council:

1.       Note and accept the invitation from the Mayor of Handa City for three (3) delegates from Port Macquarie-Hastings to attend the 8th Handa Float Festival and 80th Anniversary of Handa City celebrations in Handa, Japan from 5 to 9 October 2017.

2.       Endorse the Deputy Mayor, Lisa Intemann and Handa Working Group members, Ms Patricia Johnson and Mr Bruce Hardy, as Council’s delegates to attend the 8th Handa Float Festival and 80th Anniversary of Handa celebrations n Handa, Japan from 5 to 9 October 2017. 

3.       Note that the Deputy Mayor’s travel expenses will be covered from within the existing 2017-2018 Mayoral budget.

4.       Note that the travel expenses for Ms Patricia Johnson and Mr Bruce Hardy will be a combination of funds within the existing 2017-2018 Handa Sister City budget and a personal contribution from both Ms Johnson and Mr Hardy.

5.       Note that any personal expenses relating to attendance at the Float Festival will be the responsibility of each individual.

 

Executive Summary

 

The Mayor of Handa City, Sumio Sakakibara, has written to Council inviting three delegates to attend the 8th Handa Float Festival and celebrations to mark the 80th Anniversary of Handa City from 5 to 9 October 2017.

 

As per Council’s Policy “Payment of Expenses and Provision of Facilities to Councillors”, Council approval is required for overseas travel.  This report seeks approval for the Deputy Mayor, Lisa Intemann and Ms Patricia Johnson and Mr Bruce Hardy from the Handa Sister City Working Group to represent Council at the Float Festival.

 

Discussion

Port Macquarie-Hastings Council and Handa City have shared a Sister City Relationship for many years and friendships have been developed between both areas through many cultural exchange activities and visits. 

The Mayor of the City of Handa, Sumio Sakakibara, has written to Council inviting the Mayor and two delegates to attend the 8th Handa Float Festival and celebrations to mark the 80th Anniversary of Handa City from 5 to 9 October 2017.

The Handa Dashi Float Festival is held every five years and displays and celebrates Handa’s historical heritage, with all floats being built in the Edo era.  It is anticipated that 31 floats will gather at the Festival.

The Deputy Mayor has indicated her willingness to represent Council at the Festival and an invitation was extended to Councillors and Ms Patricia Johnson and Mr Bruce Hardy from the Handa Sister City Working Group have indicated their interest in forming part of the delegation.

 

Options

 

Council could elect to not send representatives to the Handa Float Festival.

 

Community Engagement & Internal Consultation

 

Consultation has occurred between the:

 

·    Mayor;

·    General Manager;

·    Councillors;

 

Planning & Policy Implications

 

There are no planning and policy implications in relation to this report.

 

Financial & Economic Implications

Handa City will cover the accommodation and meal expenses of the delegates visiting Handa.

The Deputy Mayor’s travel expenses will be covered from within the current 2017-2018 Mayoral budget, with the expenses of the two delegates from the Handa Sister City Working Group being covered by a combination of funds from within the current 2017-2018 Handa Sister City budget and a personal contribution from both Ms Johnson and Mr Hardy.  Personal expenses incurred will be the responsibility of each individual.

 

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

20/09/2017

 

 

Item:          10.02

 

Subject:     Question From Previous Meeting - Leash-Free Dog Parks

Presented by:  Development and Environment, Matt Rogers

 

 

 

 

 

RECOMMENDATION

 

That Council note the information contained in this report.

 

Question from Councillor Turner

 

Can the General Manager please provide a list of possible locations for leash-free dog parks across the local government area?

 

Comments by Councillor (if provided):

 

Nil.

 

Response

 

Council’s parks portfolio includes 168 parks and 19 outdoor sports complexes across the Local Government Area. Identifying all potential locations for leash-free dog parks from this number of sites is a comprehensive task which could not be achieved in time to provide a report back to the September 2017 Ordinary Council Meeting.

 

In broad terms, a significant number of these sites have some potential to be established as off-leash dog parks provided required associated infrastructure is provided to support the possible change in use. For example, provision of public amenities & car parking.

 

This report will provide background regarding the process associated with identifying current sites for provision of off-leash dog parks to service the Camden Haven, Port Macquarie and Wauchope.

 

At this point in time, Council has resolved that off-leash dog parks should be developed at Henry Kendall Park in Laurieton, Boom Reserve in the Clifton area of Port Macquarie, and at the planned sports facility located at the corner of the Oxley Highway and Stoney Creek Road, Wauchope.

 

The Henry Kendall Reserve facility has been developed.

 

Background

Council recognises the need to provide areas which allow people to exercise their dogs. For many years the opportunity to exercise dogs off leash were limited to specific beaches across the Local Government Area.

 

In 2011 a review of Council’s ‘Dogs in Public Open Spaces’ Policy was extended to consider the development of off leash-free dog parks. Staff were requested to consider sites that could be developed as off-leash dog parks with a view to providing one each in the Camden Haven, Port Macquarie and Wauchope.

 

Staff developed a site suitability criteria and undertook an assessment of sites in these three area. Criteria included parcel size (minimum 3500m2), landform, existing vegetation, existing use, presence or capacity for public toilets, water access and opportunities for car parking.

 

Potential sites identified by staff included:

 

-      Henry Kendall Reserve, Laurieton

-      Laurie Street Reserve, Laurieton

-      Stace Reserve, Laurieton

-      Boom Reserve, Port Macquarie

-      Council owned land at the corner of John Fraser Place & Lake Road, Port Macquarie

-      Tuffins Lane, Port Macquarie

-      Proposed sports field site at the corner of the Oxley Highway and Stoney Creek Road, Wauchope

-      Wauchope Landfill site

-      Narran Close Reserve, King Creek

-      Bago Road, Wauchope (next to Council Works Depot)

 

A community consultation process was undertaken to gauge resident thoughts on the proposed sites. The community preference was for development of off-leash dog parks at Henry Kendall Reserve, Boom Reserve and the planned sports facility for Wauchope. These sites were formally adopted at the Ordinary Council Meeting held on 20 April 2011.

 

Potential leash-free dog park locations

 

As mentioned above, staff have not been able to undertake a detailed analysis of all potential locations for leash-free dog parks across the local government area since the September 2017 Ordinary Council Meeting. However, a desktop analysis of potential sites has been undertaken. Criteria for this analysis included that used in the previous site suitability assessment combined with staff knowledge of existing park and sports field use and landform.

 

This analysis identified 72 sites across the local government area with potential to accommodate development of leash-free dog parks. These sites are within the following areas:

 

-      Bonny Hills

-      Comboyne

-      Dunbogan

-      Ellenborough

-      Kendall

-      King Creek

-      Lake Cathie

-      Lakewood

-      Laurieton

-      Long Flat

-      North Haven

-      North Shore

-      Pappinbarra

-      Pembrooke

-      Port Macquarie

-      Sancrox

-      Telegraph Point

-      Thrumster

-      Wauchope

 

It should be noted that more detailed site analysis would need to be undertaken in confirming suitability of the potential sites mentioned above. Undertaking such analysis would need to be resourced, noting that such a project has not been prioritised within the 2017-2018 Operational Plan or the recently adopted Recreation Action Plan 2017-2025.

 

 

Attachments

 

Nil

 


AGENDA                                                                                Ordinary Council

20/09/2017

 

 

Item:          10.03

 

Subject:     Recommended Items from the Mayor's Sporting Fund Sub-Committee - August 2017 Meeting

Presented by:  Strategy and Growth, Jeffery Sharp

 

 

Alignment with Delivery Program

 

2.3.2 Provide a range of inclusive sporting and recreational opportunities and facilities to encourage a healthy and active lifestyle.

 

 

 

 

RECOMMENDATION

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

1.       Maddison Drewitt be granted the amount of $500.00 to assist with the expenses she will incur travelling to and competing as a member of the Under 13’s Girls State Hockey Team at the National Hockey Championships to be held in Perth from 26 September to 9 October 2017 inclusive.

2.       Tom Berryman be granted the amount of $350.00 to assist with the expenses he will incur travelling to and competing at the Pacific School Games (Swimming) to be held in Adelaide from 2 December to 9 December 2017 inclusive.

3.       Morgan Jean be granted the amount of $250.00 to assist with the expenses he will incur travelling to and competing as a member of the North Coast Team at the NSW CHS Athletics Championships to be held in Sydney from 6 September to 8 September 2017 inclusive.

 

 

Executive Summary

 

The Mayor’s Sporting Fund Sub-Committee met on 31 August 2017 and reached consensus on Item 8 (Applications) at the meeting and submits the above recommendation for Council’s consideration.

 

Attachments

 

1View. Extract - Item 08 - MSF Meeting - August 2017

 


AGENDA                                                                                Ordinary Council

20/09/2017

 

 

Item:          10.04

 

Subject:     Annual Report of the Activities for the Mayor's Sporting Fund 2016-2017

Presented by:  Strategy and Growth, Jeffery Sharp

 

 

Alignment with Delivery Program

 

2.3.2 Provide a range of inclusive sporting and recreational opportunities and facilities to encourage a healthy and active lifestyle.

 

 

 

 

RECOMMENDATION

 

That Council note the information outlined in the Annual Report of the Activities for the Mayor’s Sporting Fund 2016-2017.

 

Executive Summary

 

For the period 1July 2016 to 30 June 2017 the Mayor’s Sporting Fund Sub-Committee provided financial assistance in the amount of $16,100.00 to young elite athletes who gained selection/qualification in sports recognised by the National Sports Commission, to compete at State, National and International sporting competitions.

 

The 2016 Wayne Richards Sporting Scholarship was awarded to local road cyclist Liam Magennis.

 

Three major fund raising events were successfully coordinated and delivered during the 2016-2017 financial year.

 

Discussion

 

In the 12 month period from July 1 2016 to June 30 2017 the Mayor’s Sporting Fund Sub-Committee received a total of 24 applications covering 13 different sports. Our athletes have travelled extensively throughout Australia and overseas attending State Titles, National Championships and selection competitions for World Championships.

 

Our Local Government Area was represented at various competitions including but not limited to the Australian Age Swimming held in Brisbane, the Australian Junior Athletics Championships held in Sydney, the All Schools Tennis Championships held in Victoria, and the National Hockey Championships held in Tasmania. 

 

A number of local athletes also gained selection in Development Squads for a variety of sports including basketball, football, rugby union, and swimming providing a wider appreciation of their sport at a higher level.

 

The Mayor’s Sporting Fund Sub-Committee continues to work closely with the local businesses and seek innovative ideas to ensure the Fund remains well known throughout the Port Macquarie-Hastings region.  Up until the resignation by the previous Mayor, through a media partnership with Prime7 a television advertisement featuring the then Mayor and Olympic gold medallist and Mayor’s Sporting Fund recipient, Ryley Batt OAM, had been regularly screened on Prime 7.   Television advertisements promoting all fund raising events have also been produced and aired by Prime7 in the lead up to each fund raiser.  Triple M and Hit FM also provides ongoing support through regular radio advertisements which are produced and aired in the lead up to each of the fund raising events. Agreement is still being sought from the local branch of Fairfax media regarding their continued support of the Mayor’s Sporting Fund’s fund raising events, through promotion via their local newspapers. 

 

The Wayne Richards Sporting Scholarship 2016

 

For the second consecutive year members of the Mayor’s Sporting Fund Sub-Committee worked closely with members of the Sunrise Rotary Club of Port Macquarie to form a Working Group to coordinate and present the 17th Annual Port Macquarie Sports Awards.  Nine (9) Award categories were on offer including the Wayne Richards Sporting Scholarship to the value of $4,000.

 

Applications for the Port Macquarie-Hastings Sports Awards opened in July with applications being accepted until close of business 30 September 2016. On-line applications were accepted via both the Port Macquarie-Hastings Council website and the Port Macquarie Sunrise Rotary website.  All applications for the Wayne Richards Sporting Scholarship that were successfully lodged were assessed against the Criteria set down with all applications progressing through to the assessment stage. 

 

The Port Macquarie-Hastings Sports Awards Presentation Breakfast was held in the Panthers Auditorium on Friday 28 October 2016 and was attended by approximately 200 members of our local business and sporting community. 

 

Local cyclist Liam Magennis was named as the recipient of the Wayne Richards Sporting Scholarship for 2016. At the time of the announcement Liam was in away in New Zealand competing so his scholarship was accepted by his father, Mark Magennis. 

 

Liam’s achievements during 2016 included being a member of the New South Wales Institute of Sport Cycling team which involved travelling to the USA and Canada to compete in the Under 23 Age Category.  During his time in Canada, Liam competed against professional cyclists in front of crowds of 20,000 – 30,000 spectators.  There he won the Tour De White Rock Criterion.  Liam has his sights firmly on the individual pursuit discipline and is working towards his ultimate goal of being selected into the Cycling Australia High Performance Track Endurance Program, and to compete at the upcoming Commonwealth Games to be held on the Gold Coast in April 2018.

 

Fund Raising Activities

 

During the 12 month period, three major fund raising events were successfully coordinated and staged.  These were the “Mayor’s Sporting Fund Pycon Homes & Eagle Insurance Broker “Go for Gold” Trivia Night, the 17th Annual Mayor’s Sporting Fund Eagle Insurance Broker Golf Day and the 10th Annual Mayor’s Sporting Fund Pycon Homes Bowls Day Challenge.

 

All current sponsorship agreements for the three fund raising events are in their last year. Each sponsor has been offered a further two year option to continue. 

 

Total monies raised through the fund raising events over the last 12 months tally

$18,070.55.

 

Since 2010, financial assistance provided by the Mayor’s Sporting Fund to our young local athletes is $111,059.00.

 

Options

 

Nil

 

Community Engagement & Internal Consultation

 

Mayor’s Sporting Fund Sub-Committee.

 

Planning & Policy Implications

 

The Mayor’s Sporting Fund Activities comply with the “Funding and Support provided to the Community Policy”.

 

Financial & Economic Implications

 

The Mayor’s Sporting Fund Sub-Committee continues to conduct fund raising activities to provide sufficient funds to offer financial assistance to the young elite athletes of the Port Macquarie-Hastings region.

 

 

Attachments

 

Nil

 

 


AGENDA                                                                                Ordinary Council

20/09/2017









 

 

What we are trying to achieve

A connected, sustainable, accessible community and environment that is protected now and into the future.

 

 

What the result will be

We will have:

              Effective management and maintenance of essential water, waste and sewer infrastructure

              A community that is prepared for natural events and climate change

              Sustainable and environmentally sensitive development outcomes that consider the impact on the natural environment

              Accessible transport network for our communities

              Infrastructure provision and maintenance that meets community expectations and needs

              Well planned communities that are linked to encourage and manage growth

              Accessible and protected waterways, foreshores, beaches and bushlands

              An environment that is protected and conserved for future generations

              Renewable energy options that are understood and accessible by the community

 

How we will get there

4.1     Provide (appropriate) infrastructure and services including water cycle management, waste management, and sewer management

4.2     Aim to minimise the impact of natural events and climate change, for example, floods, bushfires and coastal erosion

4.3     Facilitate development that is compatible with the natural and built environment

4.4     Plan for integrated transport systems that help people get around and link our communities

4.5     Plan for integrated and connected communities across the Port Macquarie-Hastings area

4.6     Restore and protect natural areas

4.7     Provide leadership in the development of renewable energy opportunities

4.8     Increase awareness of issues affecting our environment, including the preservation of flora and fauna

 


AGENDA                                                                                Ordinary Council

20/09/2017

 

 

Item:          12.01

 

Subject:     DA2016 - 701 - Seniors Housing Aged Care Facility Including Clause 4.6 Objection To Clause 4.3 (Height Of Buildings) And Clause 4.4 (Floor Space Ratio) Of The Port Macquarie-Hastings Local Environmental 2011 - 1 Highfields Circuit, Port Macquarie

Report Author: Matt Rogers

 

 

 

Applicant:               All About Planning

Owner:                    Palmcare Pty Ltd

Estimated Cost:     $17.8M

Parcel no:               9077

Alignment with Delivery Program

4.3.1  Undertake transparent and efficient development assessment in accordance with relevant legislation.

 

 

 

 

RECOMMENDATION

That DA2016 - 701 for a Seniors Housing Aged Care Facility Including Clause 4.6 Objection to Clause 4.3 (Height of Buildings) and Clause 4.4 (Floor Space Ratio) of the Port Macquarie-Hastings Local Environmental Plan 2011 at Lot 4, DP 262236, No. 1 Highfields Circuit, Port Macquarie, be determined by granting consent subject to the recommended conditions.

 

Executive Summary

This report considers a Development Application (DA) for a seniors housing aged care facility including clause 4.6 objection to clause 4.3 (height of buildings) and clause 4.4 (floor space ratio) of the Port Macquarie-Hastings Local Environmental Plan 2011 (LEP) at the subject site and provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

The DA has been considered by Council’s Development Assessment Panel (DAP) on 23 August 2017. The following resolution was made at the DAP meeting:

 

Resolution as per recommendation subject to the following changes to conditions of consent:

·    Amend plan references in condition A1 for plans 01-004, 01-003, 01-002, 01-001, 01-000 from 17 May 2017 to 18 May 2017

·    Delete last paragraph in condition B(19)

 

 

 

Following exhibition of the application, two (2) submissions have been received.

 

The proposal has been amended during the assessment of the DA in response to assessment issues identified.

 

The Applicant has made an offer to enter into a Voluntary Planning Agreement in relation to proposed/required sewer bypass main works external to the site necessary to service the development.

 

The recommended conditions attached to this report have been updated in line with the recommendations by DAP.

 

·                     In accordance with the Department of Planning and Environment Circular PS 08-014, the proposal includes variations to the LEP which are greater than 10% and therefore require the DA to be determined by full Council.  

 

1.       BACKGROUND

 

Existing sites features and Surrounding development

 

The site has an area of 3544m2.

 

The site is zoned R1 general residential in accordance with the Port Macquarie-Hastings Local Environmental Plan 2011, as shown in the following zoning plan:

 

 

The existing subdivision pattern and location of existing development within the locality is shown in the following aerial photograph (nearmap 2017):

 

 

On-site is an existing single storey brick and tile house with tennis court, swimming pool and separate detached garage and some existing vegetation.

 

This dwelling is generally consistent with the type of detached housing that remains in the area, however it is noted that the precinct is rapidly transforming into a higher density health and education hub with only a few permanent detached dwellings now remaining.

 

Immediate neighbours to the subject site are a Urology Medical Centre to the east at 3 Highfields Circuit and the Wrights Road Reserve to the North.

 

Other near neighbours include a 2 and 3 storey residential flat building (including affordable rental housing) directly opposite at 4 Highfields Circuit, together with a strata titled unit development at No. 2 Highfields Circuit known as The Highfields Villas and a 72 resident Newcastle University student accommodation facility at 6 Highfields Circuit.

 

Also opposite the site are newer medical centres.

 

The site is accessed by vehicles off Wrights Road from the Oxley Highway roundabout, and which has recently been modified to incorporate slip lanes into and out of Wrights Road.

 


 

2.       DESCRIPTION OF DEVELOPMENT

 

Key aspects of the proposal include the following:

 

·     105 bed vertical village aged care facility.

·     The facility comprises three key block elements, two with a two and three storey building form and the central block with a single, two and three storey form, all with basement parking under, to be accessed directly off Highfields Circuit.

·     The buildings have articulated facades and a defined entrance, including separate portico pick-up and drop-off area from Highfields Circuit.

·     Vehicular access to a secure basement parking area is to be provided off Highfields Circuit from the southern boundary of the site. There are lifts and stairs from the basement parking area to service all levels.

·     A number of landscaped communal outdoor living spaces are proposed within the site (refer perspectives and plans) for use by residents, visitors and staff.

Refer to attachments at the end of this report.

 

Application Chronology

 

·     7 September 2016 – DA lodged with Council.

·     15 to 28 September 2016 – Neighbour notification of proposal

·     29 September 2016 – Additional information request to address initial issues identified – sewer, traffic impacts, off-street parking, foot paving, submission issues, social impact, arborist report and front setback.

·     6 October 2016 – Additional information received from Applicant in response to assessment issues identified including amended landscape plan and Arborist report.

·     6 October 2016 – Applicant requested advice on construction of deep carrier bypass sewer main in Major Innes Road.

·     7 October 2016 – Advice provided to Applicant that costing unable to be provided for deep carrier sewer main.

·     7 October 2016 – Applicant requested further advice on potential conditions for sewer bypass main and relationship to other developments.

·     12 October 2016 – Advice provided to Applicant of likely conditions for construction of bypass sewer main if development approved.

·     20 December 2016 – Additional information received from Applicant including traffic impact assessment and amended basement plan.

·     12 January 2017 – Advice provided to Applicant on sewer bypass main including providing an indicative map of potential alignment. Owner’s consent requested for sewer works – refer comments later in report.

·     8 February 2017 – Advice provided to Applicant to confirm owner’s consent required for sewer works and process for decision/determination of DA.

·     9 March 2017 – Additional advice and plans sent to Applicant with regard to sewer works being constructed as part of the Student Accommodation DA on Kingfisher Road and works constructed as part of the Charles Sturt University (CSU) development.

·     3 April 2017 – Applicant advised that CSU provides support to the construction of sewer and queried whether formal owner’s consent required.

·     18 April 2017 – Applicant requested advice on process for offering a Voluntary Planning Agreement (VPA) in relation to seeking monetary offset for constructing the sewer bypass main works and timing.

·     20 April 2017 – Advice provided to Applicant on process for a VPA.

·     26 April 2017 – Advice provided to Applicant that formal owner’s consent required from CSU for sewer bypass main works.

·     24 May 2017 – Additional advice provided to Applicant on process for VPA offer.

·     26 May 2017 – Amended plans received from Applicant with no additional changes to number of bedrooms or building height. Essentially internal design changes only.

·     2 June 2017 – Letter of offer to enter into a VPA received from Applicant.

·     2 June 2017 – Advice provided to Applicant to confirm acknowledgement of VPA offer and process.

·     9 June 2017 – Requested update from the Applicant with regards to seeking owner’s consent from CSU.

·     19 June 2017 – Proposed heads of agreement for the draft VPA sent to the Applicant.

·     19 June 2017 – Applicant queried what the offset monetary amount will be paid to the proponent/Applicant if the development is approved and VPA entered into.

·     20 June 2017 – Advice provided to Applicant that current and future contributions would be covered under the proposed definitions for sewer augmentation refund and sewer augmentation contribution in the proposed VPA.

·     28 June 2017 – Applicant provided advice of acceptance to heads of agreement for proposed VPA.

·     19 July 2017 – Owner’s consent from CSU received from Applicant for sewer main works and advice requested on timeframe for determination of the DA.

·     20 July 2017 – Advice provided on timing for DA being reported to DAP and Council.

 

3.       STATUTORY ASSESSMENT

 

Section 79C(1) Matters for Consideration

 

In determining the application, Council is required to take into consideration the following matters as are relevant to the development that apply to the land to which the development application relates:

 

(a)     The provisions (where applicable) of:

(i)      any Environmental Planning Instrument:

 

State Environmental Planning Policy No. 44 - Koala Habitat Protection

 

With reference to clauses 6 and 7, the subject land is less than 1 hectare (including any adjoining land under same ownership) and therefore the provisions of SEPP do not require consideration.

 

State Environmental Planning Policy No.55 – Remediation of Land

 

Following an inspection of the site and a search of Council records, the subject land is not identified as being potentially contaminated and is suitable for the intended use.

 


 

State Environmental Planning Policy No. 62 – Sustainable Aquaculture

 

Given the nature of the proposed development and proposed stormwater controls, the proposal will be unlikely to have any adverse impacts on existing aquaculture industries within the Hastings River approximately 3.5 kilometres from the site.

 

State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004

 

The following assessment table checklist is provided to address compliance with the requirements of this SEPP:

 

Clause

Proposed

Complies

4.  Land to which Policy applies

 

 

Policy applies to land within New South Wales that is land zoned primarily for urban purposes or land that adjoins land zoned primarily for urban purposes, but only if:

(a)  development for the purpose of any of the following is permitted on the land:

(i)  dwelling-houses,

(ii)  residential flat buildings,

(iii)  hospitals,

(iv)  development of a kind identified in respect of land zoned as special uses, including (but not limited to) churches, convents, educational establishments, schools and seminaries, or

(b)  the land is being used for the purposes of an existing registered club.

Land zoning is urban - R1 general residential. Permitted uses enable the subject development.

Yes

5.  Relationship to other environmental planning instruments

 

 

If this Policy is inconsistent with any other environmental planning instrument, made before or after this Policy, this Policy prevails to the extent of the inconsistency.

 

Noted - LEP provisions relationship considered.

Yes

8.  Seniors

 

 

In this Policy, seniors are any of the following:

(a)  people aged 55 or more years,

(b)  people who are resident at a facility at which residential care (within the meaning of the Aged Care Act 1997 of the Commonwealth) is provided,

(c)  people who have been assessed as being eligible to occupy housing for aged persons provided by a social housing provider.

Seniors housing proposed.

Yes

9.   People with a disability

 

 

In this Policy, people with a disability are people of any age who have, either permanently or for an extended period, one or more impairments, limitations or activity restrictions that substantially affect their capacity to participate in everyday life.

Seniors housing proposed.

Yes

10.   Seniors housing

 

 

In this Policy, seniors housing is residential accommodation that is, or is intended to be, used permanently for seniors or people with a disability consisting of:

(a)  a residential care facility, or

(b)  a hostel, or

(c)  a group of self-contained dwellings, or

(d)  a combination of these,

but does not include a hospital.

Note. The concept of seniors housing is intended to be a shorthand phrase encompassing both housing for seniors and for people with a disability. This Policy deals with both kinds of housing.

Accommodation provided by seniors housing does not have to be limited to seniors or people with a disability. Clause 18 provides that seniors housing may be used for the accommodation of the following:

(a)  seniors or people who have a disability,

(b)  people who live within the same household with seniors or people who have a disability,

(c)  staff employed to assist in the administration of and provision of services to housing provided under this Policy.

Relevant classifications in the Building Code of Australia for the different types of residential accommodation are as follows:

(a)  Class 3, 9a or 9c in relation to residential care facilities,

(b)  Class 1b or 3 in relation to hostels,

(c)  Class 1a or 2 in relation to self contained dwellings.

Seniors housing proposed.

Yes

11.   Residential care facilities

 

 

In this Policy, a residential care facility is residential accommodation for seniors or people with a disability that includes:

(a)  meals and cleaning services, and

(b)  personal care or nursing care, or both, and

(c)  appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,

not being a dwelling, hostel, hospital or psychiatric facility.

Note. The Aged Care Act 1997 of the Commonwealth requires residential care facilities to which that Act applies to meet certain requirements.

The proposal is best characterised as a residential care facility.

Yes

18.  Restrictions on occupation of seniors housing allowed under this Chapter

 

 

 (1)  Development allowed by this Chapter may be carried out for the accommodation of the following only:

(a)  seniors or people who have a disability,

(b)  people who live within the same household with seniors or people who have a disability,

(c)  staff employed to assist in the administration of and provision of services to housing provided under this Policy.

(2)  A consent authority must not consent to a development application made pursuant to this Chapter unless:

(a)  a condition is imposed by the consent authority to the effect that only the kinds of people referred to in subclause (1) may occupy any accommodation to which the application relates, and

(b)  the consent authority is satisfied that a restriction as to user will be registered against the title of the property on which development is to be carried out, in accordance with section 88E of the Conveyancing Act 1919, limiting the use of any accommodation to which the application relates to the kinds of people referred to in subclause (1).

(3)  Subclause (2) does not limit the kinds of conditions that may be imposed on a development consent, or allow conditions to be imposed on a development consent otherwise than in accordance with the Act.

Condition recommended to require an appropriate s88B instrument restriction to seniors housing only.

Yes

26.   Location and access to facilities

 

 

 (1)  A consent authority must not consent to a development application made pursuant to this Chapter unless the consent authority is satisfied, by written evidence, that residents of the proposed development will have access that complies with subclause (2) to:

(a)  shops, bank service providers and other retail and commercial services that residents may reasonably require, and

(b)  community services and recreation facilities, and

(c)  the practice of a general medical practitioner.

(2)  Access complies with this clause if:

(a)  the facilities and services referred to in subclause (1) are located at a distance of not more than 400 metres from the site of the proposed development that is a distance accessible by means of a suitable access pathway and the overall average gradient for the pathway is no more than 1:14, although the following gradients along the pathway are also acceptable:

(i)  a gradient of no more than 1:12 for slopes for a maximum of 15 metres at a time,

(ii)  a gradient of no more than 1:10 for a maximum length of 5 metres at a time,

(iii)  a gradient of no more than 1:8 for distances of no more than 1.5 metres at a time, or

(b)  in the case of a proposed development on land in a local government area within the Sydney Statistical Division—there is a public transport service available to the residents who will occupy the proposed development:

(i)  that is located at a distance of not more than 400 metres from the site of the proposed development and the distance is accessible by means of a suitable access pathway, and

(ii)  that will take those residents to a place that is located at a distance of not more than 400 metres from the facilities and services referred to in subclause (1), and

(iii)  that is available both to and from the proposed development at least once between 8am and 12pm per day and at least once between 12pm and 6pm each day from Monday to Friday (both days inclusive),

and the gradient along the pathway from the site to the public transport services (and from the public transport services to the facilities and services referred to in subclause (1)) complies with subclause (3), or

(c)  in the case of a proposed development on land in a local government area that is not within the Sydney Statistical Division—there is a transport service available to the residents who will occupy the proposed development:

(i)  that is located at a distance of not more than 400 metres from the site of the proposed development and the distance is accessible by means of a suitable access pathway, and

(ii)  that will take those residents to a place that is located at a distance of not more than 400 metres from the facilities and services referred to in subclause (1), and

(iii)  that is available both to and from the proposed development during daylight hours at least once each day from Monday to Friday (both days inclusive),

and the gradient along the pathway from the site to the public transport services (and from the transport services to the facilities and services referred to in subclause (1)) complies with subclause (3).

Note. Part 5 contains special provisions concerning the granting of consent to development applications made pursuant to this Chapter to carry out development for the purpose of certain seniors housing on land adjoining land zoned primarily for urban purposes. These provisions include provisions relating to transport services.

(3)  For the purposes of subclause (2) (b) and (c), the overall average gradient along a pathway from the site of the proposed development to the public transport services (and from the transport services to the facilities and services referred to in subclause (1)) is to be no more than 1:14, although the following gradients along the pathway are also acceptable:

(i)  a gradient of no more than 1:12 for slopes for a maximum of 15 metres at a time,

(ii)  a gradient of no more than 1:10 for a maximum length of 5 metres at a time,

(iii)  a gradient of no more than 1:8 for distances of no more than 1.5 metres at a time.

(4)  For the purposes of subclause (2):

(a)  a suitable access pathway is a path of travel by means of a sealed footpath or other similar and safe means that is suitable for access by means of an electric wheelchair, motorised cart or the like, and

(b)  distances that are specified for the purposes of that subclause are to be measured by reference to the length of any such pathway.

(5)  In this clause:

bank service provider means any bank, credit union or building society or any post office that provides banking services.

The proposed aged care facility will also include on-site medical services and care, a shop, beauty salon and cafe as outlined in the submitted details and illustrated on proposed plans.

The residents will also have access to the Busways Local bus routes which run on the Oxley Highway and to the base hospital and on to Settlement City Shopping Centre and the Port Macquarie CBD (and which have extensive medical, banking, commercial, retail and community services).

A condition is recommended to require a footpath to be constructed to link up to the Base Hospital frontage to provide compliant accessibility.

 

Yes - capable

28.  Water and sewer

 

 

 (1)  A consent authority must not consent to a development application made pursuant to this Chapter unless the consent authority is satisfied, by written evidence, that the housing will be connected to a reticulated water system and have adequate facilities for the removal or disposal of sewage.

(2)  If the water and sewerage services referred to in subclause (1) will be provided by a person other than the consent authority, the consent authority must consider the suitability of the site with regard to the availability of reticulated water and sewerage infrastructure. In locations where reticulated services cannot be made available, the consent authority must satisfy all relevant regulators that the provision of water and sewerage infrastructure, including environmental and operational considerations, are satisfactory for the proposed development.

Refer to comments later in this report addressing water supply and sewer servicing. Sewer upgrades are required external to the site to address current catchment capacity issues.

Yes

30.   Site analysis

 

 

 (1)  A consent authority must not consent to a development application made pursuant to this Chapter unless the consent authority is satisfied that the applicant has taken into account a site analysis prepared by the applicant in accordance with this clause.

(2)  A site analysis must:

(a)  contain information about the site and its surrounds as described in subclauses (3) and (4), and

(b)  be accompanied by a written statement (supported by plans including drawings of sections and elevations and, in the case of proposed development on land adjoining land zoned primarily for urban purposes, an aerial photograph of the site):

(i)  explaining how the design of the proposed development has regard to the site analysis, and

(ii)  explaining how the design of the proposed development has regard to the design principles set out in Division 2.

(3)  The following information about a site is to be identified in a site analysis:

(a)  Site dimensions:

·    length

·    width

(b)  Topography:

spot levels and/or contour

·    north point

·    natural drainage

·    any contaminated soils or filled areas

(c)  Services:

·    easements

·    connections for drainage and utility services

(d)  Existing vegetation:

·    location

·    height

·    spread of established trees

·    species

(e)  Micro climates:

·    orientation

·    prevailing winds

(f)  Location of:

·    buildings and other structures

·    heritage features and items including archaeology

·    fences

·    property boundaries

·    pedestrian and vehicle access

(g)  Views to and from the site

(h)  Overshadowing by neighbouring structures

(4)  The following information about the surrounds of a site is to be identified in a site analysis:

(a)  Neighbouring buildings:

·    location

·    height

·    use

·    balconies on adjacent properties

·    pedestrian and vehicle access to adjacent properties

(b)  Privacy:

·    adjoining private open spaces

·    living room windows overlooking site

·    location of any facing doors and/or windows

(c)  Walls built to the site’s boundary:

·    location

·    height

·    materials

(d)  Difference in levels between the site and adjacent properties at their boundaries

(e)  Views and solar access enjoyed by neighbouring properties

(f)  Major trees on adjacent properties

(g)  Street frontage features:

·    poles

·    trees

·    kerb crossovers

·    bus stops

·    other services

(h)  The built form and character of adjacent development (including buildings opposite on both sides of the street(s) fronted):

·    architectural character

·    front fencing

·    garden styles

(i)  Heritage features of surrounding locality and landscape

(j)  Direction and distance to local facilities:

·    local shops

·    schools

·    public transport

·    recreation and community facilities

(k)  Public open space:

·    location

·    use

(l)  Adjoining bushland or environmentally sensitive land

(m)  Sources of nuisance:

·    flight paths

·    noisy roads or significant noise sources

·    polluting operations

(n)  Adjoining land uses and activities (such as agricultural activities).

A satisfactory site analysis plan complying with the provisions of clause 28 (1) and (2) has been submitted.

Details of the site and the description of the surrounds and locality as detailed in the submitted Statement of Environmental Effects.

Yes

32.  Design of residential development

 

 

A consent authority must not consent to a development application made pursuant to this Chapter unless the consent authority is satisfied that the proposed development demonstrates that adequate regard has been given to the principles set out in Division 2.

See below.

Yes

33.  Neighbourhood amenity and streetscape

 

 

The proposed development should:

(a)  recognise the desirable elements of the location’s current character (or, in the case of precincts undergoing a transition, where described in local planning controls, the desired future character) so that new buildings contribute to the quality and identity of the area, and

(b)  retain, complement and sensitively harmonise with any heritage conservation areas in the vicinity and any relevant heritage items that are identified in a local environmental plan, and

(c)  maintain reasonable neighbourhood amenity and appropriate residential character by:

(i)  providing building setbacks to reduce bulk and overshadowing, and

(ii)  using building form and siting that relates to the site’s land form, and

(iii)  adopting building heights at the street frontage that are compatible in scale with adjacent development, and

(iv)  considering, where buildings are located on the boundary, the impact of the boundary walls on neighbours, and

(d)  be designed so that the front building of the development is set back in sympathy with, but not necessarily the same as, the existing building line, and

(e)  embody planting that is in sympathy with, but not necessarily the same as, other planting in the streetscape, and

(f)  retain, wherever reasonable, major existing trees, and

(g)  be designed so that no building is constructed in a riparian zone.

 

·            The proposed development satisfactorily responds to the rapidly evolving character of the area by presenting a 1 and 2 storey form to the western frontage of the site, and which then steps up behind to a 3 storey scale.

·            The proposed built form is further broken up into three wings and is set into the site in the north eastern corner to reduce overall height across the site.

 

·            Setbacks to the boundaries are acceptable.

 

·            There are no conservation areas or heritage items in the vicinity of the site identified in the Hastings LEP 2011.

 

·            The proposal is compatible with the desired neighbourhood character particularly having regard to the adoption of mix of 1, 2 and 3 storey built form, the roof lines and broken up nature of the building footprint and generous setbacks to side boundaries.

 

·            No existing building line is apparent for this section of Highfields Circuit.

 

·            The landscape plans submitted will add to the streetscape.

 

·            The proposal is not being constructed in a riparian zone.

Yes

34.  Visual and acoustic privacy

 

 

The proposed development should consider the visual and acoustic privacy of neighbours in the vicinity and residents by:

(a)  appropriate site planning, the location and design of windows and balconies, the use of screening devices and landscaping, and

(b)  ensuring acceptable noise levels in bedrooms of new dwellings by locating them away from driveways, parking areas and paths.

Note. The Australian and New Zealand Standard entitled AS/NZS 2107–2000, Acoustics—Recommended design sound levels and reverberation times for building interiors and the Australian Standard entitled AS 3671—1989, Acoustics—Road traffic noise intrusion—Building siting and construction, published by Standards Australia, should be referred to in establishing acceptable noise levels.

The location and design of windows and common balconies will not have any identifiable adverse impacts to neighbouring properties.

The proposed landscaping on the site will soften the building and provide a satisfactory outlook for both residents of the proposed facility and adjoining neighbours.

Acoustic treatment of the north western corner of the building, which is closest to the Wrights Road roundabout, is proposed.

Yes

35.  Solar access and design for climate

 

 

The proposed development should:

(a)  ensure adequate daylight to the main living areas of neighbours in the vicinity and residents and adequate sunlight to substantial areas of private open space, and

(b)  involve site planning, dwelling design and landscaping that reduces energy use and makes the best practicable use of natural ventilation solar heating and lighting by locating the windows of living and dining areas in a northerly direction.

Note. AMCORD: A National Resource Document for Residential Development, 1995, may be referred to in establishing adequate solar access and dwelling orientation appropriate to the climatic conditions.

·       The proposal has adopted a 1, 2 and 3 storey built form with suitable setbacks to boundaries. There will be no significant overshadowing of adjoining properties and which it is noted are either non-residential uses or well setback from the road frontage in any event.

·       Therefore adequate sunlight access will be maintained to adjacent properties.

 

Yes

36.  Stormwater

 

 

The proposed development should:

(a)  control and minimise the disturbance and impacts of stormwater runoff on adjoining properties and receiving waters by, for example, finishing driveway surfaces with semi-pervious material, minimising the width of paths and minimising paved areas, and

(b)  include, where practical, on-site stormwater detention or re-use for second quality water uses.

Refer to comments later in this report addressing stormwater requirements. On-site detention stormwater facilities are proposed.

Yes

37.  Crime prevention

 

 

The proposed development should provide personal property security for residents and visitors and encourage crime prevention by:

(a)  site planning that allows observation of the approaches to a dwelling entry from inside each dwelling and general observation of public areas, driveways and streets from a dwelling that adjoins any such area, driveway or street, and

(b)  where shared entries are required, providing shared entries that serve a small number of dwellings and that are able to be locked, and

(c)  providing dwellings designed to allow residents to see who approaches their dwellings without the need to open the front door.

·       The Applicant has advised that the proposal has been designed to protect the security of residents through the design of building entries which are highly visible (both into and out of) which are monitored by receptionists, and which are lockable at the appropriate times.

Passive surveillance of the streets and on-site common areas is achieved.

The details submitted are considered satisfactory.

Yes

38.  Accessibility

 

 

The proposed development should:

(a)  have obvious and safe pedestrian links from the site that provide access to public transport services or local facilities, and

(b)  provide attractive, yet safe, environments for pedestrians and motorists with convenient access and parking for residents and visitors.

The proposal has clear designated pedestrian links which can be used to walk to the nearby hospital or other medical facilities and the nearby bus stop.

Satisfactory and logical pedestrian and vehicular entrances to the proposal along with satisfactory onsite parking have been provided as detailed on the submitted plans for the proposal.

A condition is recommended to require a footpath to be constructed to link up to the Base Hospital frontage to provide compliant accessibility.

Yes

39.  Waste management

 

 

The proposed development should be provided with waste facilities that maximise recycling by the provision of appropriate facilities.

The proposed development provides for waste facilities that maximise recycling by the provision of appropriate facilities.

Yes

45.  Vertical villages

 

 

(1) Application of clause
This clause applies to land to which this Policy applies (other than the land referred to in clause 4 (9)) on which development for the purposes of residential flat buildings is permitted.

(2) Granting of consent with bonus floor space is subject to subclause (6), a consent authority may consent to a development application made pursuant to this Chapter to carry out development on land to which this clause applies for the purpose of seniors housing involving buildings having a density and scale (when expressed as a floor space ratio) that exceeds the floor space ratio (however expressed) permitted under another environmental planning instrument (other than State Environmental Planning Policy No 1—Development Standards) by a bonus of 0.5 added to the gross floor area component of that floor space ratio.

Note. For example, if the floor space ratio permitted under another environmental planning instrument is 1:1, a consent authority may consent to a development application for the purposes of a building having a density and scale of 1.5:1.

(3)  Subsection (2) applies even if the floor space ratio permitted under another environmental planning instrument is expressed in a development control plan.

(4)  In calculating the gross floor area for the purposes of subclause (2), the floor space used to deliver on-site support services (other than any floor space used to deliver communal or residents’ living areas) is to be excluded.

(5)  However, if the area of the floor space referred to in subclause (4) is greater than 50% of the gross floor area, then the area that may be excluded under subclause (4) is limited to an area that does not exceed 50% of the gross floor area.

(6) Requirements relating to affordable places and on-site support services
A consent authority may only grant consent to a development application as referred to in subclause (2) if:

(a)  the consent authority is satisfied, on written evidence, that:

(i)  the proposed development will deliver on-site support services for its residents, and

(ii)  at least 10% of the dwellings for the accommodation of residents in the proposed development will be affordable places, and

(b)  the applicant identifies, to the satisfaction of the consent authority, which of the dwellings for the accommodation of residents in the proposed development will be set aside as affordable places.

(7) Grounds on which consent cannot be refused
A consent authority must not refuse consent as referred to in subclause (2) only because the proposed development does not comply with a standard referred to in clause 40 (4) (a), 48 (a), 49 (a) or 50 (a).

(8) Conditions on grants of development consent
A development consent may be granted as referred to in subclause (2) subject to a condition that requires the creation of a restrictive or positive covenant on land to which a development application relates concerning the continued provision of the affordable places identified in the application.

(9)  A development consent may be granted as referred to in subclause (2) subject to a condition that requires the affordable places identified in a development application to be owned and managed by an organisation providing community housing that is registered for the time being with the Office of Community Housing.

(10)  Subclauses (8) and (9) do not limit the kinds of conditions that may be imposed on a development consent, or allow conditions to be imposed on a development consent otherwise than in accordance with the Act.

(11) Clause does not apply to certain heritage affected land
Nothing in this clause applies in relation to the granting of consent to a development application made pursuant to this Chapter for the carrying out of development on land to which an interim heritage order or listing on the State Heritage Register under the Heritage Act 1977 applies.

(12) Definitions
In this clause:

affordable place, in relation to seniors housing, means a dwelling for the accommodation of a resident:

(a)  whose gross household income falls within the following ranges of percentages of the median household income for the time being for the Sydney Statistical Division according to the Australian Bureau of Statistics:

Very low income household

less than 50%

Low income household

50% or more but less than 80%

Moderate income household

80–120%

(b)  who is to pay rent that does not exceed a benchmark of 30% of the resident’s actual household income.

on-site support services, in relation to residents of seniors housing, means:

(a)  3 meals a day provided on a communal basis or to a resident’s dwelling, and

(b)  personal care, and

(c)  home nursing visits, and

(d)  assistance with housework.

·       Residential Flat Buildings are permitted on the subject site under the LEP 2011.

It is proposed to utilise the available floor space ratio bonus provided in the SEPP (Housing for Seniors) for vertical village applications involving a minimum 10% component of affordable accommodation.

A total FSR of 1.24:1 is being proposed. The Applicant has submitted that FSR is in excess of the SEPP’s FSR bonus, but not in excess of a 10% variation to the maximum FSR standard as addressed in the application for a clause 4.6 variation. The 0.5:1 FSR bonus is acknowledged in merit in the clause 4.6 variation later in this report.

·       A minimum 10% of the dwellings for residents will be affordable places, as stipulated in the SEPP. A condition is recommended to enforce.

·       10% of total bed places will be identified by the operator. A condition is recommended in this regard.

 

 

Yes

47.  Standards that cannot be used to refuse development consent for residential care facilities

 

 

A consent authority must not refuse consent to a development application made pursuant to this Chapter for the carrying out of development for the purpose of a residential care facility on any of the following grounds:

(a)  building height: if all proposed buildings are 8 metres or less in height (and regardless of any other standard specified by another environmental planning instrument limiting development to 2 storeys), or

(b)  density and scale: if the density and scale of the buildings when expressed as a floor space ratio is 1:1 or less,

(c)  landscaped area: if a minimum of 25 square metres of landscaped area per residential care facility bed is provided,

(d)  parking for residents and visitors: if at least the following is provided:

(i)  1 parking space for each 10 beds in the residential care facility (or 1 parking space for each 15 beds if the facility provides care only for persons with dementia), and

(ii)  1 parking space for each 2 persons to be employed in connection with the development and on duty at any one time, and

(iii)  1 parking space suitable for an ambulance.

Note. The provisions of this clause do not impose any limitations on the grounds on which a consent authority may grant development consent.

The only relevant issue for consideration is the off-street parking which is not covered by Council’s DCP:

22 nominated parking spaces are proposed within the basement parking area.

105 beds are proposed = 105/10 = 11 spaces minimum to be provided.

The proposal provides more parking than the minimum standard requires.

 

Yes

 

Port Macquarie-Hastings Local Environmental Plan 2011

The proposal is consistent with the LEP having regard to the following:

·   Clause 2.2, the subject site is zoned R1 general residential. In accordance with clause 2.3(1) and the R1 zone landuse table, the proposed development for seniors housing is a permissible landuse with consent.

The objectives of the R1 zone are as follows:

•  To provide for the housing needs of the community.

•  To provide for a variety of housing types and densities.

•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.

 

In accordance with Clause 2.3(2), the proposal is consistent with the zone objectives having regard to the following:

o the proposal is a permissible landuse;

o the proposal will provide for suitably located high care residential accommodation.

 

·   Clause 2.7, the demolition requires consent as it does not fit within the provisions of SEPP (Exempt and Complying) 2008.

·   Clause 4.3, the maximum overall height of the building above ground level (existing) is 9.8m (1.3m or 15.2% exceedance) which is unable to comply with the standard height limit of 8.5 m applying to the site. Refer to clause 4.6 below for specific details. The sections of the building above the 8.5m height are shown on the plans attached to this assessment report.

·   Clause 4.4, the floor space ratio of the proposal is 1.24:1.0 which is unable to comply with the maximum 0.65:1 floor space ratio applying to the site. The Seniors SEPP allows for a 0.5:1 floor space ratio bonus however the proposal is to have floor area above that by a further 0.09:1 or 7.8% of 1.15:1 FSR (assumed standard). Refer to clause 4.6 below for specific details.

·   Clause 4.6 – provides for the granting of development consent for development even though it will contravene a development standard imposed by the LEP or any other environmental planning instrument. The Applicant has lodged a clause 4.6 objection under the LEP in regards to variations to building height and floor space ratio standards.

 

The following justification points are provided to address why compliance with the development standards are unreasonable and unnecessary in the circumstances of the case and that there are sufficient environmental grounds to justify contravening the standard:

 

1.   Both the proposed variation in Height of Building at 1.3m or 15.2% of the standard and the proposed variation in addition to assumed allowance for extra floor space under the Seniors SEPP FSR control at an additional 0.09:1, 335.9m2 or 7.8% (above the assumed Seniors SEPP standard extra floor space allowance), are minor, and will not result in any identifiable unacceptable impacts on adjoining properties or public areas including the surrounding street;

2.   The Seniors SEPP 2004 does not have a statutory maximum building height for the development (by default under clause 40 of this SEPP) as Residential Flat Buildings are permitted in the PMH LEP 2011 R1 General Residential Zone in which the site is located;

3.   The proposed development including the proposed variation to the PMH LEP 2011 height of building control and the Seniors SEPP 2004 FSR control is consistent with the objectives for development within the subject R1 General Residential Zone under the PMH LEP 2011 to (relevantly) provide for the housing needs of the community, to provide a variety of housing types and densities and to enable other land uses that provide facilities or services to meet the day to day needs of residents.

4.   The proposed development including the proposed variation to the PMH LEP 2011 height of building control and the Seniors SEPP 2004 FSR control will also be consistent with the objectives of the Seniors SEPP 2004 as contained in clause 2(1) including making efficient use of existing infrastructure and increasing the supply of seniors housing.

5.   The proposed additional building height and FSR will not create any detrimental impacts on adjoining properties in regard to bulk and scale, privacy and overshadowing;

6.   There are no immediately adjoining residential dwellings to the subject site. The only immediately adjoining property is to the east (No. 3 Highfields) is a Urology Clinic. To the west and south the site has frontage to Highfields Circuit and to the north, the Wrights Road existing vegetated road reserve. Opposite the site in Highfields Circuit there are additional medical consulting rooms to the west and south of the site with two newer residential accommodation developments which run more or less end on or perpendicular to the street (one of which has a 3 storey height taking advantage of that site’s topography). This lack of immediately adjoining residential development avoids any possibility of detrimental amenity impacts such as bulk and scale, aural and visual privacy and overshadowing being created from the variations;

7.   The proposed development is located within a rapidly emerging and transitioning higher density health precinct including large accommodation facilities, medical centres and the significant Port Macquarie – Base Hospital building to the north of the site. The development with its proposed 1, 2 and 3 storey building height and FSR will be generally in keeping and context with this surrounding development;

8.   The development has a well-considered and thoughtful architectural design which is a stepped 1, 2 and 3 storey, E-shaped building which has effectively minimised the perception of bulk and scale to the surrounding streets and adjoining properties;

9.   The proposal is consistent with the objectives of the subject development standard (being Clause 4.3 – Height of Buildings of the PMH LEP 2011) particularly as the height of the building will provide a transition in built form from the Port Macquarie Hospital to the north;

10. The approval of the proposal with the subject variations to the height of building and FSR control will also not create an undesirable precedent or cumulative effect as the development is within the defined emerging Hospital precinct with unique characteristics and built forms. The maximum height of the recent additions to the Hospital is 18.75m from existing ground level.

The variations are therefore recommended to be supported.

It is noted that the Department of Planning and Environment Circular PS08-003 provides Council with the assumed concurrence of the Director General with respect to the Clause 4.6 variation.

In accordance with the Department of Planning and Environment Circular PS 08-014, the proposed variation is greater than 10% which requires the DA to be determined by full Council.  

 

·     Clause 5.9, several listed trees in Development Control Plan 2013 are proposed to be removed. Refer to comments later in this report addressing flora and fauna.

·     Clause 5.10, heritage - the site does not contain or adjoin any known heritage items or sites of significance.

·     Clause 7.7, airspace operations – A condition is recommended to address any potential for construction cranes extending up into the defined Obstacle Limitation Surface (OLS) associated with the operations of the Port Macquarie Airport.

·     Clause 7.13, satisfactory arrangements are in place for provision of essential services including water supply, electricity supply, sewer infrastructure, stormwater drainage and suitable road access to service the development.

 

(ii)     Any draft instruments that apply to the site or are on exhibition:

 

No draft instruments apply to the site.

 

(iii)    Any Development Control Plan in force:

 

Port Macquarie-Hastings Development Control Plan 2013

 

There are no precinct specific provisions relating to Highfields Circuit.

 

Whilst the subject development proposal is not a Residential Flat Building, given the nature of the building, the development provisions (as applicable and listed below) relating to Residential Flat Buildings are considered to be appropriate to have regard to.

 

It should be noted that where DCP provisions are inconsistent with the standards of the Seniors Housing SEPP, the SEPP standards will prevail to the extent of any inconsistency.

 

DCP 2013: Residential Flat Development, Tourist and Visitor Accommodation and Mixed Use Development

DCP Objective

Development Provisions

Proposed

Complies

3.3.2.2

Satisfactory site analysis plan submitted.

Satisfactory site analysis plan submitted.

Yes

3.3.2.3

Statement addressing site attributes and constraints submitted.

Statement addressing site attributes and constraints submitted.

Yes

3.3.2.4

Streetscape and front setback:

· Within 20% of the average setback of the adjoining buildings.

· 3m setback to all frontages if no adjoining development.

· 2m setback to secondary frontages.

· Max. 9m setback for tourist development to allow for swimming pool.

There are no other similar scale buildings along the subject western and southern sides of Highfields Circuit.

The proposed front setbacks are as follows:

· Min. 5.055m setback to the south front boundary.

· Min. 6.0m setback to the west front boundary.

· The Applicant has stated that the porte coche awning is setback 3.5m from the west front boundary.

Yes

3.3.2.5

Primary openings aligned to street boundary or rear of site.

The site is a corner lot. Satisfactory orientation of openings to both street frontages and rear northern boundary.

Yes

Side setbacks comply with Figure 3.3-1:

·    Min. Side setback 1.5m for 75% of building depth.

·    Windows on side walls min. 3m from side boundary.

3m minimum where adjacent to existing strata titled building.

1m minimum eastern side setback for rear half of building

No*

Side walls adjacent to existing strata-titled buildings should be articulated and modulated to respond to the existing buildings.

N/A

 

3.3.2.6

·    Min. 6m rear setback (including sub basements)

Site is a corner lot

N/A

Corner sites consolidated with adjacent land where possible.

No consolidation necessary

N/A

Deep soil zones:

·    Extend the width of the site and have minimum depth of 6m.

Are contiguous across sites and within sites (see Fig 3.3-4).

6m north side setback and other areas within the site provide deep soil zones.

Yes

3.3.2.9

Deep soil zones accommodate existing advanced trees, and allow for advanced tree planting.

Detailed landscape plan submitted which is satisfactory.

Yes

3.3.2.11

·    Deep soil zones integrated with stormwater management measures.

Deep soil zone has limited identifiable integrated stormwater management identified.

Yes

3.3.2.12

Sunlight to the principal area of ground-level private open space of adjacent properties should not be reduced to less than 3 hours between 9.00am and 3.00pm on June 22.

Sunlight to the principal area of ground-level private open space of adjacent properties not reduced to less than 3 hours between 9.00am and 3.00pm on June 22. Note that there is only a Urology medical centre next door.

Yes

3.3.2.13

Internal clothes drying space provided (not mechanical).

Proposal is for high care aged facility being different to typical residential flat building with self-contained dwellings. In house cleaners will be provided.

Yes

3.3.2.14

Ceiling fans provided in preference to air conditioning.

No details. Proposal is not a BASIX affected building.

N/A

3.3.2.15

Solar hot water systems (or equivalent technology) provided.

No solar hot water system proposed.

 N/A

Photovoltaic arrays installed where practical.

No PV arrays proposed

N/A

Landscape plan provided including:

·    35% soft landscaping with minimum width of 3m.

·    Existing vegetation and proposed treatment.

·    Details of hard landscaping.

·    Location of communal recreational facilities.

·    Species not to obscure doors, paths, etc.

Street trees in accordance with Council’s list.

Detailed landscape plan submitted which is satisfactory.

Yes

Existing vegetation to be retained and nutrient-rich water prevented from entering native gardens.

Detailed landscape plan submitted which is satisfactory.

Yes

3.3.2.16

·    Landscape plan to demonstrate how trees and vegetation contribute to energy efficiency and prevent winter shading on neighbouring properties.

Detailed landscape plan submitted which is satisfactory.

Yes

3.3.2.17

Street trees in accordance with Council’s list.

One street tree proposed.

Yes - capable

3.3.2.18

All dwellings at ground floor level have minimum 35m2 of private open space, including one area 4m x 4m at maximum grade of 5% and directly accessible from living area.

No dwellings proposed

N/A

3.3.2.19

Where open space is of irregular shape, areas having a width less than 2m are excluded from calculated area.

n/a

 

3.3.2.20

Building to be designed so that:

·    Busy, noisy areas face the street.

·    Quiet areas face the side or rear of the lot.

Bedrooms have line of site separation of at least 3m from parking areas, streets and shared driveways.

Building design layout is satisfactory having regard to the street orientations.

Acoustic treatment of the north western corner of the building, which is closest to the Wrights Road roundabout, is proposed.

Parking is within basement.

Yes

3.3.2.26

·    Development complies with AS/NZS2107:2000 Acoustic – Recommended design sound levels and reverberation times for building interiors for residential development.

The proposal will be required to meet the requirements of the Building Code of Australia which is required to be checked at Construction Certificate stage.

Acoustic treatment of the north western corner of the building, which is closest to the Wrights Road roundabout, is proposed.

Parking is within the basement which will not create any identifiable internal amenity issues between parking and sleeping areas.

Yes

Direct views between living room windows to be screened where:

·    Ground floor windows are within 9m of windows in an adjoining dwelling.

·    Other floors are within a 12m radius.

Living room windows are within 12m radius of the principal area of private open space of other dwellings.

There are no primary living areas in each of the nursing home/high care rooms.

Notwithstanding there are no significant adverse privacy impacts identified to warrant refusal of the application.

Note that there is only a Urology medical centre next door.

Yes

3.3.2.28

Developments to be designed in accordance with AS 1428.

The development is capable of compliance with AS1428.1. Specific compliance details will need to be addressed as part of the Construction Certificate

Yes – capable

3.3.2.30

·    Lift over-runs and plant integrated within roof structures.

Lift over-runs and plant integrated within roof structures.

Yes

3.3.2.31

Outdoor recreation areas on roof tops to be landscaped and incorporate shade structures and wind screens.

The outdoor terrace proposed on the first and second floor plan levels are not provided with any shade structures. These areas are intended to provide a useable open space for occupants.

Future shade structures can be provided if required.

No - however capable to provide shade if required in future.

3.3.2.36

Outdoor roof areas oriented to the street.

Outdoor roof areas orientated to Highfields Circuit.

Yes

Roof design to generate interesting skyline.

Roof design will generate an interesting skyline.

Yes

Facade composition should:

·    Have balance of horizontal and vertical elements.

·    Respond to environmental and energy needs.

·    Incorporate wind mitigation.

·    Reflect uses within the buildings.

Include combination of building elements.

Façade composition acceptable design.

Yes

Building elements, materials and colours consistent or complimentary to those existing in the street.

Building elements, materials and colours acceptable.

Yes

3.3.2.37

·    Entrances clearly identifiable from street level.

Entrances clearly identifiable from street level.

Yes

3.3.2.38

Entries provide clear line of sight between one circulation space and the next.

Entries provide clear line of sight between one circulation space and the next.

Yes

3.3.2.39

Entries avoid ambiguous and publicly accessible small spaces in entry areas.

Entries avoid ambiguous and publicly accessible small spaces in entry areas.

Yes

Entries sheltered and well lit.

Entries sheltered and well lit.

Yes

Entries and circulation spaces sized for movement of furniture.

Entries and circulation spaces sized for movement of furniture.

Yes

Corridors minimum 2.5m wide and 3.0m high.

Corridors minimum 2.1m minimum width.

Variation of 0.4m acceptable as relates to a high care aged facility and not typical residential flat building with dwellings

Corridor lengths minimised and avoid tight corners.

Corridor lengths minimised and avoid tight corners.

Yes

Longer corridors articulated by:

·    Changing direction and width.

·    Utilising series of foyers.

Incorporating windows.

Longer corridors articulated by:

·   Changing direction and width.

·   Utilising series of foyers.

Incorporating windows.

Yes

Secure open air clothes drying facilities that are:

·    easily accessible,

·    screened from public domain and communal spaces,

located with high degree of solar access.

Laundry area provided in basement designed specifically for the needs of a high care aged facility

N/A

·    Public and private space clearly defined.

Public and private space clearly defined.

Yes

3.3.2.42

Entrances:

·    oriented to public street,

·    provide direct and well lit access between car parks, lift lobbies and unit entrances,

·    optimise security by grouping clusters (max. 8) around a common lobby

Entrances:

·    oriented to public street,

·    provide direct and capability for being well lit access between car parks, lift lobbies and unit entrances

Yes

3.3.2.44

Access to all parts of the building to be controlled.

Given the nature of the proposed high care use – access control will be provided throughout the site.

Yes

Above ground utility infrastructure integrated with building design.

Above ground utility infrastructure integrated with building design including new electricity substation.

Yes

 

DCP 2013: General Provisions

 

Requirements

Proposed

Complies

2.7.2.2

Design addresses generic principles of Crime Prevention Through Environmental Design guideline

No concealment or entrapment areas proposed. Adequate casual surveillance available.

Yes

2.3.3.1

Cut and fill 1.0m max. 1m outside the perimeter of the external building walls

Cut and fill <1.0m change 1m outside the perimeter of the external building walls

Yes

2.3.3.2

1m max. height retaining walls along road frontage

None proposed

N/A

Any retaining wall >1.0 in height to be certified by structure engineer

Can be addressed as part of Construction Certificate

Yes

Combination of retaining wall and front fence height max 1.8m, max length 6.0m or 30% of frontage, fence component 25% transparent, and splay at corners and adjacent to driveway

No retaining wall front fence combination proposed.

N/A

2.3.3.8

Removal of hollow bearing trees

No hollow bearing trees are proposed to be removed

N/A

2.6.3.1

Tree removal (3m or higher with 100m diameter trunk at 1m above ground level and 3m from external wall of existing dwelling)

Several trees are proposed to be removed.

A specialist Arborist Report has also been submitted to address potential impacts on trees within the adjoining Wrights Road reserve to the north.

Yes – applied for removal

2.4.3

Bushfire risk, Acid sulphate soils, Flooding, Contamination, Airspace protection, Noise and Stormwater

Refer to main body of report.

 

2.5.3.2

New accesses not permitted from arterial or distributor roads

No new access proposed to arterial or distribution road.

N/A

Driveway crossing/s minimal in number and width including maximising street parking

Driveway crossing minimal in width

Yes

2.5.3.3

Parking in accordance with Table 2.5.1.

The requirements of this DCP are overridden by the requirements of the Seniors SEPP as detailed earlier in this report.

22 nominated parking spaces are proposed within the basement parking area.

105 beds are proposed = 105/10 = 11 spaces minimum to be provided.

The proposal provides more parking than the minimum Seniors SEPP requires.

N/A

2.5.3.11

Section 94 contributions

Refer to main body of report.

Yes - condition

2.5.3.12 and 2.5.3.13

Landscaping of parking areas

Basement parking area proposed

N/A

2.5.3.14

Sealed driveway surfaces unless justified

Sealed driveway proposed

Yes

2.5.3.15 and 2.5.3.16

Driveway grades first 6m or ‘parking area’ shall be 5% grade with transitions of 2m length

Driveway grades capable of satisfying Council standard driveway crossover requirements. Condition recommended for section 138 Roads Act permit

Yes

2.5.3.17

Parking areas to be designed to avoid concentrations of water runoff on the surface.

Stormwater drainage requirements are capable of being managed as part of plumbing construction.

Yes

 

The proposal seeks to vary the Development Provision relating to the recommended side setback on the eastern side of the site. Specifically, the eastern-most section of the building is setback 1m from the eastern site boundary which is unable to comply with the 3m side setback DCP provision (applicable for residential flat buildings rather than aged care facilities).

 

The relevant objectives are:

·    To allow flexibility in the siting of buildings while limiting the extent to which any building overshadows or overlooks adjacent properties.

·    To allow adequate natural light and ventilation between dwellings/buildings and to private open space areas.

·    To provide acoustic and visual privacy.

·    To provide adequate area for deep soil planting.

 

Having regard for the development provisions and relevant objectives, the variation is considered acceptable for the following reasons:

 

·     the proposal is located immediately adjacent to a non-residential use to the east, being a urology clinic and associated car park;

·     the wall length along this boundary does not result in any loss of residential amenity or significant overbearing effects;

·     the proposal will not create an unreasonable overshadowing impact on the adjoining property to the east;

·     a larger setback is alternatively proposed along the northern boundary of the site;

·     a multi-dwelling housing proposal or single dwelling could be proposed with a 1.0m side setback up to 8.5m in building height under the general housing provisions of the DCP.

 

Based on the above assessment, the variations proposed to the provisions of the DCP are considered acceptable and the relevant objectives have been satisfied. Cumulatively, the variations do not amount to an adverse impact or a significance that would justify refusal of the application.

 

(iiia)  any planning agreement that has been entered into under Section 93f or any draft planning agreement that a developer has offered to enter into under Section 93f:

 

No planning agreement has been entered into relating to the site. The Applicant has however made an offer in writing to seek commencement of process to prepare a Planning Agreement. Council Staff are currently negotiating the terms of the Planning Agreement however no Agreement has been formally entered into at this point.

 

The infrastructure requirements listed below with regard to sewer are required to be developer funded and Council is willing to facilitate Voluntary Planning Agreements (VPA) in the area to allow the cost of the infrastructure to distribute among multiple developers. This would be generally set up through a percentage breakdown for the cost of the infrastructure amongst the developers on an ET basis.

 

The infrastructure is recommended to be built as part of this development with the cost sharing details to be worked through separately after the development consent is issued.

 

iv)     any matters prescribed by the Regulations:

 

Demolition of buildings AS 2601 – Clause 92

 

Demolition of the existing buildings on the site is capable of compliance with this Australian Standard and is recommended to be conditioned.

 

v)      any coastal zone management plan (within the meaning of the Coastal Protection Act 1979), that apply to the land to which the development application relates:

 

No Coastal Zone Management Plan applies to the subject site.

 

(b)     The likely impacts of that development, including environmental impacts on both the natural and built environments, social and economic impacts in the locality:

 

Context and setting

The proposal will be unlikely to have any adverse impacts to existing adjoining properties and satisfactorily addresses the public domain.

 

The proposal is considered to be sufficiently compatible with other development in the locality and adequately addresses the intent of planning controls including the floor space ratio and building height (noting the variations proposed) for the area.

 

The proposal will not have any identifiable adverse impacts on existing view sharing.

 

The proposal will be unlikely to generate any significant adverse lighting impacts.

 

There are no significant adverse privacy impacts identified to neighbouring properties. 

 

There are no adverse overshadowing impacts. The proposal will not prevent adjoining properties from receiving 3 hours of sunlight to private open space and primary living areas on 21 June.

 

Roads

The site has road frontage to Highfields Circuit, Port Macquarie.

 

Adjacent to the site, Highfields Circuit is a sealed public road under the care and control of Council.  Highfields Circuit is a local road containing an 8m carriageway within a 20m road reserve.

 

Traffic and Transport

During the assessment of the DA, the Applicant has submitted a Traffic Impact Assessment form Woolacotts Consulting Engineers. A copy of the report is attached to this assessment report. Findings of the study determined:

 

Existing traffic concerns within Highfields Circuit all relate to on-street parking and congestion caused by poor parking, vehicles searching for parking and construction activities. We recommend that the on-street parking within Highfields Circuit be reviewed by Council and appropriate signage be erected to control the location and time available for non-resident parking. As a minimum we recommend formalising the no parking signage for the street frontage of this proposed development, which corresponds to the inside of a blind corner and is within close proximity of the roundabout intersection with Wrights Road. Conditions should also be placed on the parking of construction vehicles, to ensure they do not disrupt traffic flow by causing obstructions. The traffic generated by the proposed development is relatively minor and will have minimal impact on existing traffic conditions.

 

The findings of the traffic report are recommended to be supported. It is also noted that no parking signs are erected along the frontage of the development. Review of existing Highfields Circuit on-street parking and signage recommendations would need to be addressed separate to the DA process.

 

Site Frontage & Access

Vehicle access to the site is proposed through multiple driveway access to Highfields Circuit.  All accesses shall comply with Council AUSPEC and Australian Standards, and conditions have been imposed to reflect these requirements. 

 

Due to the type and size of development, additional works are required to include concrete footpath paving (minimum 1.2m wide) along the full frontage.

 

Parking and Manoeuvring

A total of 22 nominated parking spaces (including 2 disabled spaces) have been provided on-site. Parking and driveway widths on site can comply with relevant Australian Standards (AS 2890) and conditions have been imposed to reflect these requirements. 

 

Due to the type of development, car park circulation is required to enable vehicles to enter and exit the site in a forward manner. Site plans show adequate area is available and conditions have been imposed to reflect these requirements. 

 

 

Water Supply Connection

Council records indicate that the development site has an existing 20mm metered water service.

 

Final water service sizing will need to be determined by a hydraulic consultant to suit the domestic and commercial components of the development. Fire service and backflow protection requirements must be addressed in accordance with AS 2419.

 

Detailed plans will be required to be submitted for assessment with the Section 68 application.

 

Refer to relevant conditions of consent.

 

Sewer Connection

Council records indicate that the development site is connected to Sewer via junction to the existing sewer line that runs outside the southern property boundary.

 

The proposed development must discharge sewage to an existing or proposed sewer manhole. Any abandoned sewer junctions must be capped at the main.

 

The existing Council sewer system does not have sufficient capacity to facilitate the proposed development. This has been discussed extensively with the Applicant during the assessment of the DA. The following sewer infrastructure upgrades are required:

1.   A new Sewer Pump Station of diameter 2.4 metres (located on the future CSU site) and lead in gravity trunk mains along the eastern boundary of Lot 7 DP 1094444 (currently being constructed by the student accommodation on Kingfisher Road DA2015 - 95).

2.   Approximately 450m of sewer rising main from the Sewer Pump Station (described in requirement 1 above) to an existing sewer manhole located near Major Innes Road.

3.   A deep carrier bypass sewer main through Major Innes Drive near the intersection of John Oxley Drive.

4.   Approximately 150 metres of deep gravity sewer main along Major Innes Road

5.   Approximately 250 metres of gravity sewer main on the northern side of Lot 8 DP 1094444.

 

The infrastructure requirements listed above are unable to be included in a Local Area Development Services Plan (DSP) and will not be applicable to contribution offsets if constructed. The contributions for the development would be the current DSP rates only and there would be no additional charge from another DSP.

 

The infrastructure requirements listed above are recommended to be developer funded and it has been recommended that the Applicant offer a Voluntary Planning Agreements (VPA) to allow the cost of the infrastructure which could also include distribution of cost among multiple developers. This would be generally done through a percentage breakdown for the cost of the infrastructure amongst the developers on an Equivalent Tenement (ET) basis.

 

Stormwater

 

The legal point of discharge for the proposed development is defined as a direct connection to Council’s stormwater pit/pipeline within Highfields Circuit.

 

A detailed site stormwater management plan will be required to be submitted for assessment with the Section 68 application and prior to the issue of a Construction Certificate.

 

In accordance with Councils AUSPEC requirements, the following must be incorporated into the stormwater drainage plan:

·     On-site stormwater detention facilities

·     Water quality controls

 

Refer to relevant conditions of consent.

 

Other Utilities

Telecommunication and electricity services are available to the site.

 

Heritage

Following a site inspection (and a search of Council records), no known items of Aboriginal or European heritage significance exist on the property. No adverse impacts anticipated.

 

Other land resources

The site is within an established urban context and will not sterilise any significant mineral or agricultural resource.

 

Water cycle

The proposed development will be unlikely to have any adverse impacts on water resources and the water cycle.

 

Soils

The proposed development will be unlikely to have any adverse impacts on soils in terms of quality, erosion, stability and/or productivity subject to a standard condition requiring erosion and sediment controls to be in place prior to and during construction.

 

Air and microclimate

The construction and/or operations of the proposed development will be unlikely to result in any adverse impacts on the existing air quality or result in any pollution. Standard precautionary site management condition recommended.

 

 

 

Flora and fauna

During the assessment of the DA, an Arboriculture Impact Assessment Report prepared by The Tree MD Pty Ltd has been submitted to address tree retention outside the boundary on the northern side of the site within the Wrights Road reserve.

 

The author of this report established that excavation to within 4 meters of the existing fence line and 2.5m from the fence north of the tennis court location would not compromise the structural integrity of the Council trees. Further protective measures are specified to allow for the retention of soil moisture and that any tree roots encountered are preserved or pruned in accordance with the Australian Standard Pruning of Amenity Trees AS 4373 - 2007.8.

 

With the setback of the proposed development wall at 6m from the fence line with 3m deep excavation there can be sufficient room allocated for the protection and retention of the trees. Identifiable concerns are raised if the removal of the fence line, shed and tennis court are carried out with heavy machinery. Root development within the site is expected to be minimal due to the constraints of the fence line and concreted areas as well as the poor compact soil conditions within the site.

 

Additional concerns are raised with the establishment of footpaths or excavation for services or the location of a substation around Tree 1 and Tree 2, it is recommended that these designs are either above grade or a diploma level arborist oversees the possible excavation of the area. With the utilisation of a load sharing surface pedestrian access could be permitted through the Tree Preservation Zone.

 

The requirements of the Arborist Assessment are considered acceptable and recommended to be supported. An appropriate condition is recommended to require compliance with the recommendations.

 

Construction of the proposed development will require the removal/clearing of several trees within the site itself however these trees are not considered to be significant vegetation and therefore will be unlikely to have any significant adverse impacts on biodiversity or threatened species of flora and fauna.  Section 5A of the Act is considered to be satisfied.

 

Energy

The proposal includes measures to address energy efficiency and will be required to comply with the requirements of Section J of the Building Code of Australia. No adverse impacts anticipated.

 

Noise and vibration

Acoustic treatment of the north western corner of the proposed nursing home is proposed to reduce noise associated with operation of the Base Hospital and the nearby Wrights Road roundabout.

 

During construction some noise and vibration may impact on the residential villas opposite however construction activities will only occur during those hours permitted by the Council.

 

The operational noise levels from the proposal will not be out character with the future intent of the precinct.

 

No adverse impacts anticipated. Condition recommended to restrict construction to standard construction hours.

 

Bushfire

The site is not identified as being bushfire prone.

 

Safety, security and crime prevention

The proposed development will be unlikely to create any concealment/entrapment areas or crime spots that would result in any identifiable loss of safety or reduction of security in the immediate area.  The increase in housing density will improve natural surveillance within the locality and openings from each dwelling overlook common and private areas.

 

Social impacts in the locality

 

Given the nature of the proposed development and its’ location the proposal is unlikely to result in any adverse social impacts. The proposal will provide for suitable additional seniors housing which is encouraged by State legislation.

 

Economic impact in the locality

No adverse impacts. A likely positive impact is that the development will maintain employment in the construction and aged care industry, which will lead to flow impacts such as expenditure in the area.

 

Site design and internal design

The proposed development design satisfactorily responds to the site attributes and will fit into the locality. No adverse impacts likely.

 

Construction

No potential adverse impacts identified to neighbouring properties with the construction of the proposal.

 

Cumulative impacts

The proposed development is not expected to have any adverse cumulative impacts on the natural or built environment or the social and economic attributes of the locality.

 

(c)     The suitability of the site for the development:

 

The proposal will fit into the locality and the site attributes are conducive to the proposed development particularly due to the proximity to the Port Macquarie Base Hospital and medical precinct.

 

(d)     Any submissions made in accordance with this Act or the Regulations:

 

Two (2) written submissions have been received following public exhibition of the application. Redacted copies of the submissions are attached to this report.

 

Key issues raised in the submissions received and comments in response to these issues are provided as follows:

 

Submission Issue/Summary

Planning Comment/Response

Inadequate parking facilities provided.

22 parking spaces within a basement parking area and a designated drop-off area is proposed at the front of the development. This parking provided is greater than the minimum off-street parking spaces required under State legislation.

 

During the assessment of the DA, the Applicant has submitted a Traffic Impact Assessment from Woolacotts Consulting Engineers. The findings of the report are noted and supported.

The locality is already experiencing car parking over-flow from hospital employees and visitors which is putting strain on legitimate patients trying to park at nearby medical centres.

Very limited car parking spaces considering number of staff and visitor numbers.

The capacity of the access roads and other infrastructure to cope with the increased traffic and itinerant visitors is becoming a real concern for tenants and owners within the locality.