Agenda of Ordinary Council - 11 December 2019

MINUTES

Ordinary Council Meeting

20/11/2019

PRESENT

Members:

Councillor Peta Pinson (Mayor)

Councillor Lisa Intemann (Deputy Mayor)

Councillor Rob Turner

Councillor Sharon Griffiths

Councillor Peter Alley

Councillor Justin Levido

Councillor Geoff Hawkins

Councillor Lee Dixon

Other Attendees:

General Manager (Craig Swift-McNair)

Director Corporate Performance (Rebecca Olsen)

Director Development and Environment (Melissa Watkins)

Director Infrastructure (Dan Bylsma)

Director Strategy and Growth (Jeffery Sharp)

Group Manager Financial Services (Nicole Spencer)

Acting Group Manager Governance (Kirsty Callander)

Executive Assistant to the Mayor (Linda Kocis)

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

Major Kevin Unicomb from the Salvation Army delivered the Local Government Prayer.

03 APOLOGIES

Nil.

04 CONFIRMATION OF MINUTES

RESOLVED: Dixon/Alley

That the Minutes of the Ordinary Council Meeting held on 16 October 2019 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 Non-Pecuniary Significant Interest in Item 13.07 - Planning Proposal: Mission Terrace, Lakewood - Consideration of Submissions, as the report includes property immediately adjacent to property that is owned by the Trustees of Church Property, Diocese of Newcastle, which holds that property for the benefit of the Anglican Church Parish of the Camden Haven, of which Councillor Alley serves as Treasurer on the Parish Council.

Councillor Levido declared a Non-Pecuniary - Significant Interest in Item 11.01 - Local Heritage Assistance Fund (2019/2020), as he is the principal of the Port Macquarie Law Firm, Levido Law + Property. The firm acts for the Lessee of one of the properties to benefit from the assistance, the subject of the report.

Councillor Levido declared a Non-Pecuniary Interest in Item 15.03 - T-19-26 - Environmental Assessment and Development Application for Planned Works at the Port Macquarie Airport, as he is the principal of the Port Macquarie Law Firm, Levido Law + Property. The Firm acts for one of the tenderers, the subject of the report.

Councillor Levido declared a Non-Pecuniary - Significant Interest in Item 15.06 - Port Macquarie Transport Network Community Consultative Committee, as he is the principal of Port Macquarie Law Firm, Levido Law + Property. The Firm acts for one of the EOI applicants and he is personally a former business partner with another of the EOI applicants.

Mayor Peta Pinson declared a Pecuniary Interest in Item 13.14 - Notice of Motion - Sancrox Quarry Project, as she has interests in a company, Stabilcorp, who is a commercial customer of Hanson Construction Materials Pty Ltd.

Mayor Peta Pinson declared a Pecuniary Interest in Item 15.01 - Supply & Delivery of Bulk Bitumen Emulsion, as she has interests in a company, Stabilcorp, who is a commercial customer of Bitupave Ltd trading as Boral Asphalt.

Councillor Griffiths declared a Non-Pecuniary - Significant Interest in Item 13.14 - Notice of Motion - Sancrox Quarry Project, as she has family members who live within the Sancrox area and it could be perceived that an impact may be likely.

Councillor Intemann declared a Non-Pecuniary - Less Than Significant Interest in Item 10.17 - Property Investment Report, as she is a Director of a firm that holds an Airport Licence and airport licences in general are mentioned in the report.

Councillor Intemann declared Non-Pecuniary - Less Than Significant Interest in Item 15.03 - T.19.26 - Environmental Assessment and Development Application for Planned Works at the Port Macquarie Airport, as she is a Director of a firm that has an Airport Licence. The licence is unaffected by the matters under consideration.

06.01 MAYORAL MINUTE - Lake Cathie Opening

RESOLVED: Pinson/Intemann

That Council:

1. Note the current Lake Cathie Opening Strategy.

2. Note the Opening Strategy conditions have been met with salinity in the Lake being greater than 40ppt and the water level currently recorded at 11.00 am on 19 November 2019 as -0.443m AHD with water quality being reported as poor.

3. Request the General Manager immediately prepare, lodge and apply for a Short Term Licence (STL) with Crown Lands for the purpose of opening Lake Cathie.

4. Request the General Manager write to the State Member for Oxley, the Hon Melinda Pavey MP and State Member for Port Macquarie, the Hon Leslie Williams MP, seeking their support to fast track Council’s Short Term License application due to the abovementioned extreme environmental factors.

5. Request the General Manager, upon approval of the Licence by Crown Lands, engage a contractor to undertake the process of opening the entrance to the lagoon at the appropriate tides.

6. Request the General Manager to prepare a Communications Strategy to inform the community of the decision of Council and any possible consequences due to the opening.

carried: 6/2

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

Against: Alley and Levido

07 CONFIDENTIAL CORRESPONDENCE TO ORDINARY COUNCIL MEETING

RESOLVED: Intemann/Dixon

That Council determine that the attachments to Item Numbers 10.06 and 10.13 be considered as confidential, in accordance with section 11(3) of the Local Government Act.

carried: 8/0

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

Against: Nil

08 PUBLIC FORUM – MATTERS NOT ON THE AGENDA

The Mayor advised of requests to speak in the Public Forum - Matters Not On The Agenda from:

1. Ms Krissa Wilkinson - Acknowledge & Celebrate Early Conservationist - Grace Easterbrook

2. Mr Jamie Harrison - Procurement

3. Ms Rachel Sheppard - Port Macquarie-Hastings Climate Emergency

4. Ms Rhiannon Beeton - Addressing Effects of Climate Change on Children

5. Deterioration of Lake Cathie/Lake Innes Ecosystem.

RESOLVED: Griffiths/Hawkins

That the above requests to speak in the Public Forum - Matters Not On The Agenda be acceded to.

carried: 8/0

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

Against: Nil

08.01 Acknowledge and Celebrate Early ConservationistS - Grace Easterbrook

Ms Krissa Wilkinson addressed Council requesting acknowledgement and celebration of early conservationists, in particular, Grace Easterbrook. Requesting Council consider a Public Art Project to recognise the early conservationists. Ms Wilkinson answered questions from Councillors.

08.02 Procurement

Mr Jamie Harrison, Harelec, addressed Council on procurement matters and tabled an extract from a Business Paper from Richmond Valley Council for Council’s interest. Mr Harrison answered questions from Councillors.

08.03 Port Macquarie-Hastings Climate Emergency

Ms Rachel Sheppard, on behalf of Hastings Parents for the Environment, addressed Council on the recent Climate Emergency Campaign Launch held on the Town Green on 8 November 2019 and tabled some information on climate change. Ms Sheppard answered questions from Councillors.

08.04 Addressing the Effects of Climate Change on Children

Ms Rhiannon Beeton, on behalf of Hastings Parents for the Environment, addressed Council on the effects of climate change on children and tabled a letter from the group to Council dated 20 November 2019. Ms Beeton answered questions from Councillors.

08.05 Deterioration of THE Lake Cathie/Lake Innes Ecosystem

Mr Stewart Cooper addressed Council on the deterioration of the Lake Cathie/Lake Innes Ecosystem. Mr Cooper tabled his speech notes so that Council can respond to a number of statements made in his address. Mr Cooper answered questions from Councillors.

09 PUBLIC FORUM – MATTERS ON THE AGENDA

The Mayor advised of requests to speak in the Public Forum - Matters On The Agenda from:

Item 10.02 - Ms Rachel Sheppard, Hastings Parents for the Environment, opposing the recommendation.

Item 10.10 - Mr David Smith supporting the recommendation.

Item 10.12 - Mr Michael Lyons supporting the recommendation.

Item 13.03 - Mr Jake Wadsworth supporting the recommendation.

Item 13.04 - Mr Tony Thorne, King & Campbell Pty Ltd on behalf of interested parties, opposing the recommendation.

Item 13.05 - Mr Tom Whelan opposing the recommendation.

Item 13.08 - Mr Stephen Healy supporting the recommendation.

Item 13.14 - Mr Jeff Gillespie supporting the recommendation.

Item 13.14 - Mr Jim Wade, on behalf of Clos Verdun Developments Ltd and others, supporting the recommendation.

Item 13.16 - Ms Sarah Mollard supporting the recommendation.

RESOLVED: Hawkins/Griffiths

That the above requests to speak in the Public Forum - Matters On The Agenda be acceded to.

carried: 8/0

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

Against: Nil

SUSPENSION OF STANDING ORDERS

RESOLVED: Hawkins/Dixon

That Standing Orders be suspended to allow Items 10.02, 10.10, 10.12, 13.03, 13.04, 13.05, 13.08, 13.14 and 13.16 to be brought forward and considered next.

carried: 8/0

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

Against: Nil

10.02 30th Anniversary of Sister City Relationship Between Port Macquarie-Hastings Council and Handa City - Visit to Japan April 2020

Ms Rachel Sheppard, on behalf of Hastings Parents for the Environment, addressed Council opposing the recommendation, specifically in relation to Point 4. Ms Sheppard answered questions from Councillors.

RESOLVED: Griffiths/Alley

That Council:

1. Note that the 30^th Anniversary of the Handa, Japan Sister City relationship with Port Macquarie-Hastings Council will take place in Handa, Japan from 17 - 21 April 2020.

2. Note that up to six Council delegates have been invited to attend the 30^th Anniversary celebrations by Handa City, Japan.

3. Note that two Port Macquarie-Hastings Council Handa Working Group members have confirmed they will be attending the celebrations in Handa.

4. Request the General Manager provide a report to the December Council Meeting outlining the potential costs, community benefits and budget allocation to enable Council to determine Mayoral and Councillor involvement in attending the celebration.

carried: 8/0

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

Against: Nil

10.10 Financial Impact of Cost Shifting from Other Levels of Government

Mr David Smith addressed Council in support of the recommendation.

RESOLVED: Hawkins/Turner

That Council:

1. Note the information in the Report “Financial Impact of Cost Shifting from Other Levels of Government”.

2. In particular, note that the ongoing accelerating transfer of responsibilities from the NSW State and Federal Governments to local councils without appropriate offset funding (also known as cost shifting) presently costs Port Macquarie- Hastings Council and our community a minimum of $16.279 million per annum - an average of $1,357,000 per month.

3. Request the General Manager write to our four Local Members enclosing a full copy of the above report.

4. Request that the General Manager and the Mayor raise the issue at their next regular meeting with all our Local Members and seek their active assistance in removing this financial burden from our local community.

5. Request both the General Manager and the Mayor raise this matter as an agenda item at the next meeting of the Mid North Coast Joint Organisation, with a view to seeking a joint strategy to pursuade higher levels of government to seriously address this matter.

carried: 8/0

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

Against: Nil

10.12 Investments - October 2019

Mr Michael Lyons addressed Council in support of the recommendation. Mr Lyons answered questions from Councillors.

RESOLVED: Hawkins/Alley

That Council note the Investment Report for the month of October 2019.

carried: 8/0

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

Against: Nil

13.03 Water Restrictions

Mr Jake Wadsworth addressed Council in support of the recommendation.

RESOLVED: Intemann/Dixon

That Council:

1. Note that the Port Macquarie-Hastings Council LGA is currently recognised as being in “Intense Drought” by the NSW Department of Primary Industry.

2. Note the recent increase in water usage associated with the recent fire activity across the LGA which is likely to continue over the summer period.

3. In response to being in “Intense Drought” and with the likely ongoing fire activity, implement a temporary variation to the current adopted water restriction trigger levels by early implementation of Level 3 water restrictions on 25 November 2019 as follows:

For Residential Use

What days can I water? If your house is an even number you can water on even dates (2nd, 4th, 6th etc.) and if your house in an odd number, you can water on odd dates (1st, 3rd, 5th etc). There is to be no residential outside water use on the 31st of the month.

 Handheld hoses, fitted with a water cut-off trigger or control nozzle can be used for up to 10 minutes before 9am OR after 4pm.

 Watering cans, buckets and tank water can be used at any time.

 Car or boat washing: on a lawn area by bucket only at any time.

 Boat motor flushing: on a lawn area for 5 minutes only at any time.

 Topping up of pools and spas handheld hoses only before 9am OR after 4pm.

 Cleaning windows, walls, roofs and gutters: BANNED.

 Cleaning driveways, paths and hardstand areas: for health and safety reasons only.

 No exemptions for establishing new turf are available from Council.

For Public Areas

 Sporting fields: only recycled water can be used.

 Community gardens: only recycled or tank water can be used.

 Fountains and garden ponds: handheld hose can be used for up to 10 minutes before 9am OR after 4pm.

For Commercial and Industrial Use

 Plant nurseries, bowling greens and market gardens: sprinkler systems can be used for a maximum of 1 hour before 9am.

 There are no restrictions on water required for commercial/industrial production.

 All other businesses can use a handheld hose with cut-off trigger or control nozzle for up to 10 minutes before 9am OR after 4pm.

 Dust suppression is permitted with recycled water only.

4. Request the General Manager to report back to the February 2020 Ordinary Council Meeting with an updated water security situation, including whether there is any improvement in water storage levels, and further recommendations relating to any proposed extension, relaxation or escalation of water restrictions.

carried: 8/0

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

Against: Nil

13.04 Proposed Orbital Road Investigation Area

Mr Tony Thorne, King & Campbell Pty Ltd on behalf of J Newton Constructions Pty Ltd, Mr & Mrs J and G Newton and St Agnes Care & Lifestyle Ltd (Catholic Care of the Aged), addressed Council in opposition to the recommendation. Mr Thorne answered questions from Councillors.

MOTION

MOVED: Intemann/Turner

That Council note the information included in the Proposed Orbital Road Investigation Area report.

AMENDMENT

MOVED: Pinson/Griffiths

That Council:

1. Note the information included in the Proposed Orbital Road Investigation Area report.

2. Note community feedback supported the concept of an Orbital Road to alleviate traffic congestion but strongly oppose the current ‘preferred viable route’ within the investigation zone (Greenmeadows to Oxley Highway and Fernhill Road to Boundary Street).

3. Discontinue and abandon the current and any future investigations within the currently defined investigation area for the East / West link (Ocean Drive to Oxley Highway).

4. Discontinue and abandon any realignment of Fernhill Road to a new intersection on the Oxley Highway as part of any future Port Macquarie Airport Access Road.

5. Request the General Manager utilise previous Orbital Road concept plans, consultant reports and community engagement and survey reports as a learning tool for future investigation zones.

6. Request the General Manager continue with the development of a Strategic Business Case using the framework of ‘Gates’ which are identified in the NSW Infrastructure Investment Assurance Framework.

7. Request the General Manager to make this Council report (including any attachments) and the subsequent Council resolution available to the public, through appropriate communication channels.

8. Request the General Manager to make this Council report (including any attachments) and the subsequent Council resolution available to State agencies as listed above along, with any other agencies deemed applicable.

9. Request the General Manager write to the Member for Port Macquarie, Hon Leslie Williams MP and the Member for Cowper, Mr Pat Conaghan MP seeking a meeting or meetings to discuss potential future funding opportunities for any future proposed road network improvements.

10. Request the General Manager to develop a detailed communications and engagement plan to cover the period of the development of the Strategic Business Case, as a way of keeping the community informed, including via the Community Consultative Committee, to enable full transparency.

THE AMENDMENT WAS PUT AND LOST

MOVED: Pinson/Griffiths

That Council:

1. Note the information included in the Proposed Orbital Road Investigation Area report.

3. Discontinue and abandon the current and any future investigations within the currently defined investigation area for the East / West link (Ocean Drive to Oxley Highway).

4. Discontinue and abandon any realignment of Fernhill Road to a new intersection on the Oxley Highway as part of any future Port Macquarie Airport Access Road.

5. Request the General Manager utilise previous Orbital Road concept plans, consultant reports and community engagement and survey reports as a learning tool for future investigation zones.

7. Request the General Manager to make this Council report (including any attachments) and the subsequent Council resolution available to the public, through appropriate communication channels.

lost: 3/5

For: Dixon, Griffiths and Pinson

Against: Alley, Hawkins, Intemann, Levido and Turner

THE MOTION WAS PUT

RESOLVED: Intemann/Turner

That Council note the information included in the Proposed Orbital Road Investigation Area report.

CARRIED: 5/3

FOR: Alley, Hawkins, Intemann, Levido and Turner

AGAINST: Dixon, Griffiths and Pinson

13.05 Long Term Energy Strategy - Six Monthly Update

Mayor Pinson left the meeting, the time being 8.28pm.

The Deputy Mayor assumed the Chair.

Mr Tom Whelan addressed Council in opposition to the recommendation. Mr Whelan tabled his address to Council.

Mayor Pinson returned to the meeting, the time being 8.38pm.

Councillor Turner left the meeting, the time being 8.46pm.

Councillor Turner returned to the meeting, the time being 8.48pm.

RESOLVED: Alley/Intemann

That Council:

1. Note the update on the Long Term Energy Strategy implementation as provided in this report.

2. Consider the inclusion of suitably sized solar PV systems, potentially with battery storage, for both the Port Macquarie STP and Wauchope WTP system, in the 2020-2021 Operational Plan, as identified in previous investigations undertaken by NSW Public Works on a number of Council sites.

3. Request the General Manager provide a report in July 2020 on suitable sites within the Port Macquarie-Hastings LGA, including indicative costings and benefits of a 25GWh per annum solar PV project to meet 100% of Council’s current, and short term projected, electricity usage.

4. Request the General Manager to continue to provide six-monthly update reports on the Long Term Energy Strategy, with the May 2020 report to include an update on implementing points 2 and 3 above, and the annual November reports to collate programs completed in the year, and electricity consumption and costs for that year and the previous year.

5. Request the General Manager to identify appropriate funding sources to urgently seek strategic advice on renewable energy technology to suit Council’s needs, and develop a solar procurement and project management plan.

6. Request the General to provide a briefing to Councillors on the Long Term Energy Strategy and the impact on our community.

carried: 8/0

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

Against: Nil

13.08 Floodplain Management

Mr Stephen Healy addressed Council in support of the recommendation. Mr Healy answered questions from Councillors.

RESOLVED: Intemann/Alley

That Council:

1. Reconsider the adoption of Climate Change ‘Scenario 3’ (400mm SLR plus 10% increase in rainfall) as the basis of the Flood Planning Area (FPA) and adopt ‘Scenario 1’ (900mm SLR plus 10% increase in rainfall).

2. Note that the Floodplain Risk Management Study phase of the Wrights Creek and Hibbard Precinct projects will not be undertaken at this time.

3. Note that the next phase of both projects will be subject to a future Operational Plan budget process.

4. Write to people who made a submission on both projects and advise them that the Floodplain Risk Management Study phase will not be undertaken at this time.

carried: 5/3

For: Alley, Dixon, Intemann, Levido and Turner

Against: Griffiths, Hawkins and Pinson

13.14 Notice of Motion - Sancrox Quarry Project

Mayor Pinson declared a Pecuniary Interest in this matter and left the room and was out of sight during the Council's consideration, the time being 9.08pm.

Councillor Griffiths declared a Non-Significant - Less Than Significant interest in this matter and left the room and was out of sight during the Council’s consideration, the time being 9.08pm.

The Deputy Mayor assumed the Chair.

Mr Jeff Gillespie addressed Council in support of the recommendation. Mr Gillespie answered questions from Councillors.

Mr Jim Wade, on behalf of Clos Verdun Developments Ltd and others, addressed Council in support of the recommendation.

MOTION

MOVED: Hawkins/Turner

That Council:

1. Notes that Hanson Construction Materials Pty Ltd have made an application to the NSW Department of Planning, Industry and Environment to significantly expand the size and extraction limits of the Sancrox Quarry.

2. Notes also the potential strong economic development benefits likely to flow to the community and local economy as a consequence of a reasonable expansion of the above quarry.

3. Notwithstanding Point 2 above, Council also notes community concerns with the current plan to significantly expand the size, operating hours and extraction limits of the existing quarry and, as a consequence, requests the General Manager to lodge a submission with the Department of Planning, Industry and Environment objecting to the proposal due to the lack of community consultation and lack of detailed investigation into the following issues:

(a) Dust

(b) Noise and vibration

(d) Justification of increase in output to 750,000 tonnes p.a.

(e) Amenity of residents generally

(f) Potential residual impact on the region’s water security, including the potential for pollution and contamination of Council’s water supply, as well as groundwater

(g) Potential/likely other environmental impacts, including significant koala habitat.

4. Request the General Manager to write to both the local State Members and the NSW Minister of Planning informing them of the above objection and advising of community concerns with multiple aspects of the proposed project and requesting their support in persuading the Department of Planning to put the project on hold pending further detailed analysis and public scrutiny.

5. Request the General Manager to provide a further report to the December 2019 Ordinary Meeting of Council providing the following:

(a) A copy of the submission made in accordance with Point 2 above for information.

(b) Advice regarding the legislated role of Council in the assessment and determination of “State Significant Development” and details of what role Council will be required to play ensuring compliance with the State imposed conditions of consent including whether Council’s costs are reimbursed by the State and, if so, via what mechanism.

AMENDMENT

MOVED: Levido/Alley

That Council:

2. Notes also the potential strong economic development benefits likely to flow to the community and local economy as a consequence of a reasonable expansion of the above quarry.

3. Notwithstanding Point 2 above, Council also notes community concerns with the processing of the application for the current plan to significantly expand the size, operating hours and extraction limits of the existing quarry with respect to:

- lack of interaction and consultation with the Project Consultative Committee;

- lack of transparent consultation with the broader community;

- the adequacy and integrity of the EIS forming part of the application

and, as a consequence, requests the General Manager to lodge a submission of concerns with the Department of Planning, Industry and Environment as to the proposal.

4. Request the General Manager to write to both the local State Members and the NSW Minister of Planning informing them of the above submission and advising of community concerns with multiple aspects of the proposed project and requesting their support in persuading the Department of Planning to put the project on hold pending further detailed analysis and public scrutiny.

5. Request the General Manager to provide a further report to the December 2019 Ordinary Meeting of Council providing the following:

(a) A copy of the submission made in accordance with Point 2 above for information.

THE AMENDMENT WAS PUT AND CARRIED

MOVED: Levido/Alley

That Council:

2. Notes also the potential strong economic development benefits likely to flow to the community and local economy as a consequence of a reasonable expansion of the above quarry.

- lack of interaction and consultation with the Project Consultative Committee;

- lack of transparent consultation with the broader community;

- the adequacy and integrity of the EIS forming part of the application

and, as a consequence, requests the General Manager to lodge a submission of concerns with the Department of Planning, Industry and Environment as to the proposal.

5. Request the General Manager to provide a further report to the December 2019 Ordinary Meeting of Council providing the following:

(a) A copy of the submission made in accordance with Point 2 above for information.

carried: 6/0

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

Against: Nil

THE AMENDMENT BECAME THE MOTION AND WAS PUT

RESOLVED: Levido/Alley

That Council:

2. Notes also the potential strong economic development benefits likely to flow to the community and local economy as a consequence of a reasonable expansion of the above quarry.

- lack of interaction and consultation with the Project Consultative Committee;

- lack of transparent consultation with the broader community;

- the adequacy and integrity of the EIS forming part of the application

and, as a consequence, requests the General Manager to lodge a submission of concerns with the Department of Planning, Industry and Environment as to the proposal.

5. Request the General Manager to provide a further report to the December 2019 Ordinary Meeting of Council providing the following:

(a) A copy of the submission made in accordance with Point 2 above for information.

carried: 6/0

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

Against: Nil

EXTENSION OF TIME

RESOLVED: Alley/Dixon

That, as per Clause 18.2 of the adopted Code of Meeting Practice, Council extend the time of this meeting to 11.00pm.

carried: 6/0

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

Against: Nil

Mayor Pinson returned to the meeting, the time being 10.09pm.

Councillor Griffiths returned to the meeting, the time being 10.09pm.

Councillor Hawkins left the meeting, the time being 10.09pm.

Councillor Alley left the meeting, the time being 10.11pm.

The Mayor resumed the Chair.

13.16 Notice of Motion - Heat Plan

Ms Sarah Mollard addressed Council in support of the recommendation. Ms Mollard answered questions from Councillors.

Councillor Hawkins returned to the meeting, the time being 10.11pm.

Councillor Alley returned to the meeting, the time being 10.14pm.

RESOLVED: Intemann/Alley

That the General Manager be requested to undertake a community education program to educate community awareness of heat effects and ways and means to minimise heat stress.

carried: 7/1

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

Against: Griffiths

Councillor Dixon left the meeting, the time being 10:19pm.

10.01 Mayoral Discretionary Fund Allocations - 3 October to 6 November 2019

RESOLVED: Pinson/Griffiths

That Council note the allocations from the Mayoral Discretionary Fund for the period 3 October to 6 November 2019 inclusive.

carried: 7/0

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

Against: Nil

Item 10.02 - 30th Anniversary of Sister City Relationship Between Port Macquarie-Hastings Council and Handa City - Visit to Japan April 2020 - has been moved to another part of the document.

10.03 Notice of Motion - Mike Cusato

RESOLVED: Hawkins/Alley

That Council places on record, its deep gratitude to Mike Cusato for his service to the Port Macquarie-Hastings Community as a Councillor for the period 8 September 2012 to 23 September 2019.

carried: 7/0

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

Against: Nil

10.04 Status of Reports From Council Resolutions

RESOLVED: Turner/Alley

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

carried: 7/0

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

Against: Nil

Councillor Dixon returned to the meeting, the time being 10.21pm.

10.05 2020 Ordinary Local Government Election

RESOLVED: Griffiths/Intemann

That Council note the information in the 2020 Ordinary Local Government Election report.

carried: 8/0

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

Against: Nil

10.06 Legal Fees

RESOLVED: Intemann/Turner

That Council note the information in the Legal Fees report.

carried: 8/0

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

Against: Nil

10.07 Recommended Item from Audit, Risk and Improvement Committee - Risk Register Quarterly Report - September 2019 Review

RESOLVED: Hawkins/Intemann

That the Audit, Risk and Improvement Committee recommends that Council:

1. Notes the effect of the decision of the Supreme Court in the matter of Cornish v Secretary which appears to dilute the effectiveness of a Code of Conduct as a control.

2. Request the General Manager make representation to the Minister of Local Government and/or Office of Local Government in relation to strengthening the enforceability of the Code of Conduct.

carried: 8/0

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

Against: Nil

Councillor Levido left the meeting, the time being 10.23pm.

10.08 Disclosure of Interest Return

RESOLVED: Dixon/Turner

That Council note the Disclosure of Interest return for the following position:

1. Senior Strategic Planner.

carried: 7/0

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

Against: Nil

10.09 Designated Persons

RESOLVED: Intemann/Alley

That Council determine that the following position become a Designated Person pursuant to the provisions of section 441 of the Local Government Act 1993:

1. Environmental Planner.

carried: 7/0

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

Against: Nil

Item 10.10 - Financial Impact of Cost Shifting from Other Levels of Government - has been moved to another part of the document.

10.11 Monthly Budget Review - October 2019

RESOLVED: Hawkins/Turner

That Council:

1. Adopt the adjustments in the “October 2019 Adjustments” section of the Monthly Budget Review - October 2019.

2. Amend the 2019-2020 Operational Plan to include all budget adjustments approved in this report.

carried: 7/0

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

Against: Nil

Item 10.12 - Investments - October 2019 - has been moved to another part of the document.

10.13 Quarterly Budget Review Statement - September 2019

Councillor Levido returned to the meeting, the time being 10.25pm.

RESOLVED: Turner/Hawkins

That Council note the Quarterly Budget Review Statement for the September 2019 Quarter.

carried: 8/0

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

Against: Nil

10.14 2017-2021 Delivery Program and 2019-2020 Operational Plan - Quarterly Progress Report as at 30 September 2019

RESOLVED: Griffiths/Dixon

That Council note the 2019-2020 Operational Plan Quarterly Progress Report as at 30 September 2019.

carried: 8/0

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

Against: Nil

10.15 Annual Financial Statements for the Year Ended 30 June 2019

RESOLVED: Hawkins/Alley

That Council adopt the annual financial statements for the year ended 30 June 2019, as submitted, together with the Auditor’s report.

carried: 8/0

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

Against: Nil

10.16 2018-2019 Annual Report

RESOLVED: Intemann/Griffiths

That Council:

1. Adopt the 2018-2019 Annual Report, comprising Parts A and B.

2. Submit the adopted 2018-2019 Annual Report to the Minister for Local Government by the 30 November 2019.

3. Publish the adopted 2018-2019 Annual Report on Council's website and make copies of the report available at all Council Offices and Libraries.

4. Note the distribution proposal for Part A Community Report Card 2018-2019.

carried: 8/0

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

Against: Nil

10.17 Property Investment Portfolio - Six Monthly Report

RESOLVED: Hawkins/Intemann

That Council:

1. Note the update provided on the Property Investment Portfolio as provided in this report.

2. Request the General Manager provide annual update reports on the Property Investment portfolio in November each year rather than the current six monthly updates.

carried: 8/0

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

Against: Nil

10.18 Port Macquarie Aquatic Facility Steering Group and Charter

RESOLVED: Griffiths/Intemann

That Council:

1. Note the information contained within the Port Macquarie Aquatic Facility Steering Group and Charter report.

2. Appoint members to the Port Macquarie Aquatic Facility Project Steering Group as recommended within this report.

3. Endorse the Port Macquarie Aquatic Facility Steering Group Charter and amend Charter at Clause 3.3 to add to the end of the first sentence the words “…..on behalf of Council,”.

carried: 8/0

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

Against: Nil

10.19 Development Activity And Assessment System Performance

RESOLVED: Alley/Dixon

That Council:

1. Note the Development Activity and Assessment System Performance report for the first quarter of 2019-2020.

2. Note the determinations made by staff under Clause 4.6 of the Port Macquarie-Hastings Local Environmental Plan 2011 for the quarter.

carried: 8/0

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

Against: Nil

11.01 Local Heritage Assistance Fund (2019/2020)

Councillor Levido left the meeting, the time being 10.29pm.

RESOLVED: Intemann/Alley

That Council endorse the allocation of 2019/20 Local Heritage Assistance Fund Grants to the value of $3,000 each to:

1. P. Davies for conservation works on 46 Comboyne Street - Kendall - All Saints Anglican Church

2. The Royal Kew Hotel for internal repairs and restoration works.

3. W. Lang for conservation works on 5 Laurie Street Laurieton - The Former Post Office and cottages.

carried: 7/0

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

Against: Nil

Councillor Levido returned to the meeting, the time being 10.30pm.

11.02 Community Participation Plan - Post Exhibition

RESOLVED: Griffiths/Dixon

That Council:

1. Note the feedback received from the community on the Draft Community Participation Plan during the exhibition period.

2. Note the changes to the Draft Community Participation Plan.

3. Adopt the Community Participation Plan and place on the Department of Planning Portal by 1 December 2019.

carried: 8/0

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

Against: Nil

11.03 Draft Community Inclusion Plan

RESOLVED: Intemann/Dixon

That Council:

1. Place the Draft Community Inclusion Plan 2019-2021 on public exhibition from 25 November 2019 to 31 January 2020.

2. Request the General Manager table a further report following the completion of the exhibition period.

carried: 8/0

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

Against: Nil

11.04 Local Strategic Planning Statement

RESOLVED: Intemann/Turner

That Council:

1. Endorse the recommended approach for development of the first Local Strategic Planning Statement for the Port Macquarie-Hastings Local Government Area as detailed in this report.

2. Request the General Manager write to the Minister for Planning and Public Spaces, seeking a 12 month extension to the statutory timeline for making of a Local Strategic Planning Statement by Port Macquarie-Hastings Council.

carried: 8/0

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

Against: Nil

12.01 Economic Development Strategy 2017-2021: Six Monthly Report on Progress

RESOLVED: Turner/Hawkins

That Council note the six monthly progress report on implementation of the 2017-2021 Port Macquarie-Hastings Economic Development Strategy.

carried: 8/0

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

Against: Nil

13.01 Draft Waste Minimisation and Management Policy

RESOLVED: Intemann/Turner

That Council:

1. Note the draft Waste Minimisation and Management Policy.

2. Place the draft Waste Minimisation and Management Policy on public exhibition for a minimum period of 28 days, from 27 November 2019 to 31 January 2020.

3. Note that a further report will be tabled at the March 2020 meeting of Council, detailing the submissions received during the exhibition period.

carried: 8/0

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

Against: Nil

13.02 Protection of Public Infrastructure Bonds Fee

RESOLVED: Alley/Dixon

That Council request the General Manager to reduce the Protection of Public Infrastructure Bonds fee for the Port Macquarie CBD in the draft 2020/21 Fees and Charges to $2,500.00.

carried: 8/0

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

Against: Nil

Item 13.03 - Water Restrictions - has been moved to another part of the document.

Item 13.04 - Proposed Orbital Road Investigation Area - has been moved to another part of the document.

Item 13.05 - Long Term Energy Strategy - Six Monthly Update - has been moved to another part of the document.

13.06 Stage 1 Review of Port Macquarie-Hastings Development Control Plan 2013 - Housekeeping amendments

RESOLVED: Turner/Hawkins

That Council:

1. Endorse the proposed amendments to Port Macquarie-Hastings Development Control Plan (DCP) 2013 as contained in Attachments 1 - 4 of this report.

2. Publically exhibit the Draft DCP in accordance with clauses 18 and 19 of the Environmental Planning and Assessment Regulation 2000 from 27 November 2019 to 31 January 2020.

3. Delegate authority to the Director Strategy and Growth to correct any formatting, typographical, numbering or cross-reference errors to the Draft Development Control Plan in preparation for public exhibition.

4. Receive a further report following the completion of public exhibition period outlining the community feedback received.

carried: 8/0

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

Against: Nil

13.07 Planning Proposal: Mission Terrace, Lakewood - Consideration of Submissions

Councillor Alley 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 10.36pm.

RESOLVED: Griffiths/Turner

That Council:

1. As a result of the consideration of submissions, amend the Planning Proposal to adjust the eastern boundary of the proposed R1 General Residential zone and make corresponding amendments to the Height of Buildings, Lot Size and Floor Space Ratio LEP maps, as described in this report.

2. Subject to approval under Point 1 above, and following certification of building upgrade works to the four buildings on the eastern interface of the proposed R1 General Residential zone, as described in this report, take the necessary steps under section 3.35 and 3.36 of the Environmental Planning and Assessment Act 1979 to finalise Local Environmental Plan (Amendment No 49).

3. Delegate authority to the Director Strategy and Growth to make any minor amendments to the Planning Proposal in finalising the matter.

4. Notify all persons who lodged a submission of Council’s decision.

carried: 7/0

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

Against: Nil

Councillor Alley returned to the meeting, the time being 10:38pm.

Item 13.08 - Floodplain Management - has been moved to another part of the document.

13.09 Coastal Koala Plan of Management - Status update Report

RESOLVED: Intemann/Hawkins

That Council note the information presented in the Coastal Koala Plan of Management update report.

carried: 8/0

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

Against: Nil

13.10 Development Assessment Panel Charter Review

RESOLVED: Griffiths/Intemann

That Council:

1. Request the General Manager to review the operation and membership of the Development Assessment Panel (DAP).

2. Place the amended DAP sub-committee Charter (Attachment 1) on public exhibition for a period of 28 days commencing in February 2020.

3. Request the General Manager provide a report to the April 2020 Ordinary Council Meeting outlining the review and feedback received during the exhibition period and any recommended changes to the DAP Charter following this exhibition.

carried: 8/0

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

Against: Nil

13.11 Classification of Land to be Acquired by Council

RESOLVED: Intemann/Griffiths

That Council proceed to classify Lot 50 Deposited Plan 1248785, land at 921 Hastings River Drive, Pembrooke as Operational Land in accordance with Section 34 of the Local Government Act upon transfer of land ownership to Council.

carried: 8/0

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

Against: Nil

13.12 Land Acquisition - Houston Mitchell Drive, Bonny Hills

RESOLVED: Intemann/Dixon

That Council

1. Pay compensation in the amount of $3,000 (GST Exclusive) to the owner of Lot 1 Deposited Plan 1117908, S J Mifsud, for the acquisition of that part of Lot 1 Deposited Plan 1117908 more particularly described as Lot 1 in plan of acquisition Deposited Plan 1210904 (Attachment 1).

2. Pursuant to Section 59 of the Land acquisition (Just Terms Compensation) Act 1991 pay the landowner’s property conveyancing (legal) costs.

3. Delegate authority to the General Manager to sign, electronically or otherwise, all documents including but not limited to any authorisation form as required, associated with the acquisition in accordance with the Electronic Transactions Act 2000.

4. On acquisition of Lot 1 Deposited Plan 1210904, dedicate the land as public road pursuant to Section 10 of the Roads Act 1993.

carried: 8/0

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

Against: Nil

13.13 Land Acquisition Required as Part of the Long Flat Sewer Scheme

RESOLVED: Intemann/Griffiths

That Council:

1. Pursuant to Section 186 of the Local Government Act 1993 make application to the Minister for Local Government and Her Excellency the Governor for the compulsory acquisition of Lot 11 DP1258663 for sewer purposes.

2. Exclude all mines and minerals and the easement for underground powerlines depicted in DP1256147 from the compulsory acquisition of Lot 11 DP1258663 (Attachment 1).

3. In its capacity as the appointed Crown Land Manager of the land to be acquired, note the acquisition does not impact on the uses of Crown Reserve 95766 for its reserved purpose.

4. Upon acquisition of Lot 11 DP1258663 and pursuant to Section 34 of the Local Government Act 1993, commence the process to classify Lot 11 DP1258663 as ‘operational land’, by placing on public exhibition for a minimum period of 28 days, the proposal to classify the land as follows:

- “It is intended to classify Lot 11 DP1258663 (land at 31 Henry Street, Long Flat) as operational land”

5. Note a further report will be tabled at a future Council meeting detailing any submissions received during the exhibition period.

6. Delegate authority to the General Manager to request the Registrar General of Land Registry Services to note the compulsory acquisition, record Port Macquarie-Hastings Council as the registered proprietor of Lot 11 DP1258663 and issue a Certificate of Title for Lot 11 DP1258663.

carried: 8/0

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

Against: Nil

Item 13.14 - Notice of Motion - Sancrox Quarry Project - has been moved to another part of the document.

13.15 Notice of Motion - Biodiversity Investigations

RESOLVED: Intemann/Hawkins

That Council:

1. Request the General Manager to undertake investigations into possible land acquisition(s) for the purpose of biodiversity opportunities for long term stewardship.

2. Request the General Manager to table a report to the March 2020 Council meeting with the results of the investigations referred to in Point 1.

carried: 8/0

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

Against: Nil

Item - 13.16 Notice of Motion - Heat Plan - has been moved to another part of the document.

14 ITEMS TO BE DEALT WITH BY EXCEPTION

Nil.

CONFIDENTIAL COMMITTEE OF THE WHOLE

RESOLVED: Dixon/Alley

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 15.01 T-19-51 Supply and Delivery of Bulk Bitumen Emulsion

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 15.02 T-19-63 Technology Infrastructure Management Agreement

Item 15.03 T-19-26 Environmental Assessment and Development Application for Planned Works at Port Macquarie Airport

Item 15.04 T-19-49 Port Macquarie Road Network Planning Project - Strategic Business Case

Item 15.05 T-19-50 Port Macquarie Town Centre Pavement Cleaning

This item is considered confidential under Section 10A(2)(d(ii)) of the Local Government Act 1993, as it contains commercial information of a confidential nature that would, if disclosed, confer a commercial advantage on a competitor of the Council.

Item 15.06 Port Macquarie Transport Network Community Consultative Committee

This item is considered confidential under Section 10A(2)(a) of the Local Government Act 1993, as it contains personnel matters concerning particular individuals (other than Councillors).

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: 8/0

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

Against: Nil

ADJOURN MEETING

The Ordinary Council Meeting adjourned at 10.41 pm.

RESUME MEETING

The Ordinary Council Meeting resumed at 11.03 pm.

ADOPTION OF RECOMMENDATIONS FROM THE CONFIDENTIAL COMMITTEE OF THE WHOLE

RESOLVED: Intemann/Dixon

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

carried: 8/0

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

Against: Nil

Item 15.01 T-19-51 Supply and Delivery of Bulk Bitumen Emulsion

Mayor Pinson declared a Pecuniary Interest in this matter and left the room and was out of sight during the Council's consideration, the time being 10.43pm.

The Deputy Mayor assumed the Chair.

RESOLVED: Turner/Griffiths

That Council:

1. Pursuant to Section 55 (3)(a) of the Local Government Act 1993, resolve to not invite tenders for the Supply and Delivery of Bulk Bitumen Emulsion.

2. Accept the quotation obtained through Local Government Procurement’s LGP213-2 arrangement from Bitupave Ltd t/as Boral Asphalt for the Supply and Delivery of Bulk Bitumen Emulsion.

3. Accept the Schedule of Rates from Bitupave Ltd t/as Boral Asphalt for the Supply and Delivery of Bulk Bitumen Emulsion.

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

5. Maintain the confidentiality of the documents and considerations in respect of Tender T-19-51.

carried: 7/0

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

Against: Nil

Item 15.02 T-19-63 Technology Infrastructure Management Agreement

RESOLVED: Hawkins/Intemann

That Council:

1. Pursuant to Section 55 (3)(a) of the Local Government Act 1993, note the engagement of S5 Technology Group Pty for the provision of the Technology Infrastructure Management Agreement for the period ending 3 September 2020 with an extension option of a further 12 month term, to be renewed in accordance with Service Level Agreement.

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

3. Maintain the confidentiality of the documents and consideration in respect of request for quotation T-19-63.

carried: 8/0

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

Against: Nil

Item 15.03 T-19-26 Environmental Assessment and Development Application for Planned Works at Port Macquarie Airport

Councillor Levido declared a Non-Pecuniary - Significant Interest in this item and left the room and was out of sight during the Council's consideration, the time being 10.44pm.

RESOLVED: Intemann/Hawkins

That Council:

1. Accept the tender from King & Campbell Pty Ltd for $190,945.50 (exclusive of GST) for the Environmental Assessment and Development Application for planned works at Port Macquarie Airport, including:

- runway strip (RWS) and obstacle limitation surface (OLS) clearing;

- relocation of the aerodrome weather information service; and

- staged construction of a new parallel taxiway and run up bays.

2. Accept the Schedule of Rates from King & Campbell Pty Ltd for the Environmental Assessment and Development Application for the planned works at Port Macquarie Airport.

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

4. Maintain the confidentiality of the documents and consideration in respect of Tender T-19-26.

carried: 7/0

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

Against: Nil

Item 15.04 T-19-49 Port Macquarie Road Network Planning Project - Strategic Business Case

RESOLVED: Hawkins/Griffiths

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 RFT T-19-49 for Port Macquarie Road Network Planning Project - Strategic Business Case due to contractual clause departures resulting in no conforming Tenders being received.

2. In accordance with the Local Government (General) Regulations 2005 clauses 178(3)(e) and 178(4), decline to invite fresh tenders, and enter into negotiations with SMEC who submitted a Tender in response to RFT T-19-49, with a view to entering into a contract for Port Macquarie Road Network Planning Project - Strategic Business Case for the reason that the Tender Evaluation Panel considers that the tenderer has demonstrated the experience, capacity and capability to meet the requirements of the RFT.

3. Request the General Manager present a further report to a future meeting of Council on completion of the negotiation process, for Council’s further consideration of RFT T-19-49.

4. Maintain the confidentiality of the documents and considerations in respect of RFT T-19-49.

Item 15.05 T-19-50 Port Macquarie Town Centre Pavement Cleaning

RESOLVED: Intemann/Dixon

That Council:

1. Accept the tender from Waspindustries Pty Ltd for the provision of pavement cleaning and sealing services for the Port Macquarie Town Centre (PMTC), for a two-year period commencing 1 December 2019, with two options to extend for a further one-year period, such options to be for the benefit of the Council and may be exercised only by the Council in its sole discretion.

2. Accept the Schedule of Rates from Waspindustries Pty Ltd for the provision of pavement cleaning and sealing services for the Port Macquarie Town Centre

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

4. Maintain the confidentiality of the documents and considerations in respect of Tender T-19-50.

carried: 8/0

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

Against: Nil

Item 15.06 Port Macquarie Transport Network Community Consultative Committee

This item is considered confidential under Section 10A(2)(a) of the Local Government Act 1993, as it contains personnel matters concerning particular individuals (other than Councillors).

RESOLVED: Griffiths/Pinson

That Council:

1. Appoint Denise Wilson as the Independent Chair of the Port Macquarie Transport Network Community Consultative Committee, as assessed by an independent third party.

2. Appoint the following people as independent members of the Port Macquarie Transport Network Community Consultative Committee, for a 12 month term, as recommended by an independent third party assessment:

a) Adele Graham

b) Michael Mowle

c) Craig Nethery

d) Brad Thomas

e) Anthony Thorne

f) Philip Lloyd

3. That Councillors Intemann and Alley be the Councillor representatives as members of the Port Macquarie Transport Network Community Consultative Committee.

4. Maintain the confidentiality of the documents and consideration of the Expression of Interest.

5. Amend the Charter as follows:

- at Clause 3.3, add to the end of the first sentence the words “...on behalf of Council,”

- at Clause 5.3, change the second sentence to read “The secretariat will ensure that the business paper and supporting papers are circulated as early as possible but at least 3 days prior to each meeting.”

- at Clause 3.0 - Membership - allow an additional community member on the Consultative Committee.

carried: 7/0

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

Against: Nil

The meeting closed at 11.02pm.

………………………………………..

Peta Pinson

Mayor

AGENDA Ordinary Council 11/12/2019

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, the undersigned, hereby 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:

Please submit to the Governance Support Officer at the Council Meeting.

(Refer to next page and the Code of Conduct)

Pecuniary Interest

4.1 A pecuniary interest is an interest that you have in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to you or a person referred to in clause 4.3.

4.2 You will 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 you might make in relation to the matter, or if the interest is of a kind specified in clause 4.6.

4.3 For the purposes of this Part, you will have a pecuniary interest in a matter if the pecuniary interest is:

(a) your interest, or

(b) the interest of your spouse or de facto partner, your relative, or your partner or employer, or

4.4 For the purposes of clause 4.3:

(a) Your “relative” is any of the following:

i) your parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child

ii) your spouse’s or de facto partner’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child

iii) the spouse or de facto partner of a person referred to in paragraphs (i) and (i)

(b) “de facto partner” has the same meaning as defined in section 21C of the Interpretation Act 1987.

4.5 You will not have a pecuniary interest in relation to a person referred to in subclauses 4.3(b) or (c)

(a) if you are unaware of the relevant pecuniary interest of your spouse, de facto partner, relative, partner, employer or company or other body, or

(b) just because the person is a member of, or is employed by, a council or a statutory body, or is employed by the Crown, or

(c) just because the person is a member of, or a delegate of a council to, a company or other body that has a pecuniary interest in the matter, so long as the person has no beneficial interest in any shares of the company or body.

Non-Pecuniary

5.1 Non-pecuniary interests are private or personal interests a council official has that do not amount to a pecuniary interest as defined in clause 4.1 of this code. These commonly arise out of family or personal relationships, or out of involvement in sporting, social, religious or other cultural groups and associations, and may include an interest of a financial nature.

5.2 A non-pecuniary conflict of interest exists where a reasonable and informed person would perceive that you could be influenced by a private interest when carrying out your official functions in relation to a matter.

5.3 The personal or political views of a council official do not constitute a private interest for the purposes of clause 5.2.

5.4 Non-pecuniary conflicts of interest must be identified and appropriately managed to uphold community confidence in the probity of council decision-making. The onus is on you to identify any non-pecuniary conflict of interest you may have in matters that you deal with, to disclose the interest fully and in writing, and to take appropriate action to manage the conflict in accordance with this code.

5.5 When considering whether or not you have a non-pecuniary conflict of interest in a matter you are dealing with, it is always important to think about how others would view your situation.

Managing non-pecuniary conflicts of interest

5.6 Where you have a non-pecuniary conflict of interest in a matter for the purposes of clause 5.2, you must disclose the relevant private interest you have in relation to the matter fully and in writing as soon as practicable after becoming aware of the non-pecuniary conflict of interest and on each occasion on which the non-pecuniary conflict of interest arises in relation to the matter. In the case of members of council staff other than the general manager, such a disclosure is to be made to the staff member’s manager. In the case of the general manager, such a disclosure is to be made to the mayor.

5.7 If a disclosure is made at a council or committee meeting, both the disclosure and the nature of the interest must be recorded in the minutes on each occasion on which the non-pecuniary conflict of interest arises. This disclosure constitutes disclosure in writing for the purposes of clause 5.6.

5.8 How you manage a non-pecuniary conflict of interest will depend on whether or not it is significant.

5.9 As a general rule, a non-pecuniary conflict of interest will be significant where it does not involve a pecuniary interest for the purposes of clause 4.1, but it involves:

a) a relationship between a council official and another person who is affected by a decision or a matter under consideration that is particularly close, such as a current or former spouse or de facto partner, a relative for the purposes of clause 4.4 or another person from the council official’s extended family that the council official has a close personal relationship with, or another person living in the same household

b) other relationships with persons who are affected by a decision or a matter under consideration 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 the council official and an organisation (such as a sporting body, club, religious, cultural or charitable organisation, corporation or association) that is affected by a decision or a matter under consideration that is particularly strong. The strength of a council official’s affiliation with an organisation is to be determined by the extent to which they actively participate in the management, administration or other activities of the organisation.

d) membership, as the council’s representative, of the board or management committee of an organisation that is affected by a decision or a matter under consideration, in circumstances where the interests of the council and the organisation are potentially in conflict in relation to the particular matter

e) a financial interest (other than an interest of a type referred to in clause 4.6) that is not a pecuniary interest for the purposes of clause 4.1

f) the conferral or loss of a personal benefit other than one conferred or lost as a member of the community or a broader class of people affected by a decision.

5.10 Significant non-pecuniary conflicts of interest must be managed in one of two ways:

a) by not participating in consideration of, or decision making in relation to, the matter in which you have the significant non-pecuniary conflict of interest and the matter being allocated to another person for consideration or determination, or

b) if the significant non-pecuniary conflict of interest arises in relation to a matter under consideration at a council or committee meeting, by managing the conflict of interest as if you had a pecuniary interest in the matter by complying with clauses 4.28 and 4.29.

5.11 If you determine that you have a non-pecuniary conflict of interest in a matter that is not significant and does not require further action, when disclosing the interest you must also explain in writing why you consider that the non-pecuniary conflict of interest is not significant and does not require further action in the circumstances.

5.12 If you are a member of staff of council other than the general manager, the decision on which option should be taken to manage a non-pecuniary conflict of interest must be made in consultation with and at the direction of your manager. In the case of the general manager, the decision on which option should be taken to manage a non-pecuniary conflict of interest must be made in consultation with and at the direction of the mayor.

5.13 Despite clause 5.10(b), a councillor who has a significant non-pecuniary conflict of interest in a matter, may participate in a decision to delegate consideration of the matter in question to another body or person.

5.14 Council committee members are not required to declare and manage a non-pecuniary conflict of interest in accordance with the requirements of this Part where it arises from an interest they have as a person chosen to represent the community, or as a member of a non-profit organisation or other community or special interest group, if they have been appointed to represent the organisation or group on the council committee.

SPECIAL DISCLOSURE OF PECUNIARY INTEREST DECLARATION

This form must be completed using block letters or typed.

If there is insufficient space for all the information you are required to disclose,

you must attach an appendix which is to be properly identified and signed by you.

[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 the affected principal place of residence of the councillor or an associated person, company or body (the identified land)

Relationship of identified land to councillor

[Tick or cross one box.]

 The 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).

 An associated person of the councillor has an interest in the land.

 An associated company or body of the councillor has interest in the land.

MATTER GIVING RISE TO PECUNIARY INTEREST[1]

Nature of land that is subject to a change

in zone/planning control by proposed

LEP (the subject land2

[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 or associated person

[Tick or cross one box]

 Appreciable financial gain.

 Appreciable financial loss.

[If more than one pecuniary interest is to be declared, reprint the above box and fill in for each additional interest]

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

This form is to be retained by the council’s general manager and included in full in the minutes of the meeting

Last Updated: 3 June 2019

Important Information

This information is being collected for the purpose of making a special disclosure of pecuniary interests under clause 4.36(c) of the Model Code of Conduct for Local Councils in NSW (the Model Code of Conduct).

The special disclosure must relate only to a pecuniary interest that a councillor has in the councillor’s principal place of residence, or an interest another person (whose interests are relevant under clause 4.3 of the Model Code of Conduct) has in that person’s principal place of residence.

Clause 4.3 of the Model Code of Conduct states that you will have a pecuniary interest in a matter because of the pecuniary interest of your spouse or your de facto partner or your relative or because your business partner or employer has a pecuniary interest. You will 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.

“Relative” is defined by clause 4.4 of the Model Code of Conduct 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.

You must not make a special disclosure that you know or ought reasonably to know is false or misleading in a material particular. Complaints about breaches of these requirements are to be referred to the Office of Local Government and may result in disciplinary action by the Chief Executive of the Office of Local Government or the NSW Civil and Administrative Tribunal.

This form must be completed by you before the commencement of the council or council committee meeting at 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.

[1] Clause 4.1 of the Model Code of Conduct 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 clause 4.6 of the Model Code of Conduct.

2 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 clause 4.3 of the Model Code of Conduct has a proprietary interest

AGENDA Ordinary Council

11/12/2019

Item: 10.03

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 contained in the Status of Reports from Council Resolutions report.

Discussion

Report	Date & Item of Resolution	Status	Reporting Officer	Previous Anticipated Date/s for Report	Current Anticipated Date for Report
Markets Policy and local markets & Hay Street Forecourt Tuesday Real Food Market Compliance Report	21/11/18 Item 11.03 & 20/02/19 Item 11.01		DSG		Dec-19
Proposed Primary Airport Access Road Intersection with Oxley Highway	21/08/19 Item 13.01		DI		Dec-19
Water Security	18/09/19 Item 13.06		DI		Dec-19
Draft Planning Proposal Policy - Post Exhibition	16/10/2019 Item 13.06		DSG		Dec-19
Sustainability Initiatives and Programs	16/10/19 Item 13.01		DDE		Dec-19
30th Anniversary of Sister City Relationship - cost, benefits, budget	20/11/19 Item 10.02		DSG		Dec-19
Sancrox Quarry Project	20/11/19 Item 13.14		DDE		Dec-19
RFT T-19-49 Port Macquarie Road Network Planning Project - Strategic Business Case - negotiation process	20/11/19 Item 15.04		DI		Dec-19
Planning Proposal – Lot 2 DP1091253 Beach Street Bonny Hills	19/04/16 Item 12.02	Awaiting advice from proponent	DSG	Sep-19 Nov-19	Feb-20
Town Centre Master Plan Charter Review	20/06/18 Item 09.09	Still being discussed	DSG	Apr-19 May-19 Jun-19 Aug-19 Oct-19 Nov-19 Dec-19	Feb-20
Council owned lots at North Shore - Progress of Sale	19/09/18 Item 09.24)	Council is currently in the process of obtaining DA's for the individual lots, prior to sale - this will provide assurance to future purchasers that the lots can be built on.	DSG	Dec-19	Feb-20
QFPM - Enforcement of Unlawful Activity Policy - findings of review	18/07/18 Item 09.07	Policy being drafted. Awaiting further advice and discussions with Councillors.	DDE	Dec-19 Feb-19 Mar-19 Apr-19 Jun-19 Jul-19 Aug-19 Oct-19	Feb-20
PP: Bundaleer Aged Care - 67 High Street & 4-8 Johnstone Street, Wauchope - Gateway Determination	15/08/18 Item 12.04	Awaiting response from proponent	DSG	Sep-18 Oct-18 Feb-19 Apr-19 May-19 Jul-19 Sep-19 Nov-19	Feb-20
2020 Ordinary Local Government Election	20/02/19 Item 09.07		DCP		Feb-20
T-19-09 Supply and Delivery of Ready Mix Concrete - post negotiations	19/06/19 Item 15.04	Still negotiating	DI	Aug-19 Oct-19 Dec-19	Feb-20
Planning Proposal Request PP2011 - 9.3: The Ruins Way and South Blackwood, Port Macquarie	19/06/19 Item 13.06	Awaiting advice from proponent	DSG	Aug-19 Sep-19 Nov-19	Feb-20
T-19-10 Supply and Delivery of Road Construction Materials - post negotiations	19/06/19 Item 15.05	Still negotiating	DI	Aug-19 Oct-19 Dec-19	Feb-20
Planning Proposal - Airport Business Park - post exhibition	17/07/19 Item 13.05	Awaiting additional information from the proponent to allow for the gateway determination to be issued.	DDE		Feb-20
Planning Proposal - Airport Business Park - draft DCP approval	17/07/19 Item 13.05	Awaiting additional information from the proponent to allow for the gateway determination to be issued.	DDE		Feb-20
LGP EL0519 Supply of Electricity - Accepted Rates	17/07/19 Item 15.06	Analysis is yet to be completed	DCP	Sep-19 Oct-19 Dec-19	Feb-20
JH Taylor & MJ Taylor vs PMHC - report when finalised	18/09/19 Item 15.03		DCP		Feb-20
T-19-38 Supply and Delivery of Electrical Goods	16/10/2019 Item 15.01	Still negotiating	DI	Dec-19	Feb-20
Beach to Beach Project - Progress Report	16/10/2019 Item 10.04		DI		Feb-20
Water Restrictions & Water Security	20/11/19 Item 13.03		DI		Feb-20
Land Acquisition Required as Part of the Long Flat Sewer Scheme - post exhibition	20/11/19 Item 13.13		DDE		Feb-20
Future of Committees following establishment of Cultural Steering Group	19/04/17 Item 15.05	Item is to be discussed at a future Cultural Steering Group meeting, following the adoption of the Cultural Plan	DSG	Jun-17 Jul-17 Sep-17 Oct-17 Feb-18 Apr-18 Jul-18 Sep-18 Feb-19 Apr-19 May-19 Nov-19	Mar-20
Classification as "Operational" Land - 52 John Oxley Drive, Port Macquarie - post exhibition.	20/06/18 Item 14.05		DSG		Mar-20
Draft Waste Minimisation and Management Policy - post exhibition	20/11/19 Item 13.01		DCP		Mar-20
Draft Community Inclusion Plan - post exhibition	20/11/19 Item 11.03		DSG		Mar-20
Stage 1 Review of Port Macquarie-hastings Development Control Plan 2013 - Housekeeping Amendments - post exhibition	20/11/19 Item 13.06		DSG		Mar-20
Biodiversity Investigations Stewardship Sites	20/11/19 Item 13.15		DDE		Mar-20
Development Assessment Panel Charter Review - post exhibition	20/11/19 Item 13.10		DDE		Mar-20
Tuffins Lane Sporting Fields - Terms of Agreement	14/12/16 Item 06.02	Awaiting Catholic Parish advice	GM	Oct-18 Mar-19 Apr-19 Jul-19 Dec-19	Jun-20
Canal Maintenance	18/10/17 Item 12.04	Works delayed 18mths.	DI	FY2018/2019	Jun-20
Port Macquarie Aquatic Facility - Progress of detailed design and Strategic Concept Plan	18/09/19 Item 11.02		DDE		Jun-20
Port Macquarie Aquatic Facility - Outcome discussions with displaced user groups of Macquarie Park	18/09/19 Item 11.02		DDE		Jun-20
Long Term Energy Strategy - suitable sites	20/11/19 Item 13.05		DDE		Jul-20
Trialling Of Parklets In The Port Macquarie Town Centre	16/05/18 Item 10.02	Council is still working the relevant approvals	DSG		Aug-20
MOU - Norfolk Island Regional Council - income and expenditure administration.	20/03/19 Item 09.02		GM		Feb-21
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.	10/08/16 Item 12.01		DDE		2021 (estimate)
Ocean Drive Duplication - Outcomes of RMD Review	18/09/19 Item 13.09		DI		TBA
Design Rainbow Beach Design of Rainbow Beach Sporting Fields & Construction of School to School Shared Pathway - outcome of procurement strategy for each project	16/10/2019		DI		TBA

Cyclic Reports

Report	Reporting Officer	Reporting Cycle	Month	Altered Report Date
Mayoral Discretionary Fund Allocations	GM	Monthly	Every
Monthly Financial Update	DCP	Monthly	Every (except July)
Investments	DCP	Monthly	Every
Recommendations by the Mayor’s Sporting Fund Sub-Committee	DSG	Monthly	Every
Development Activity and Assessment System Performance	DDE	Quarterly	May, Aug, Nov, Feb
Operational Plan – Quarterly Progress	DCP	Quarterly	Nov, Feb, May, Aug
Management of Flying-Fox Colony in Kooloonbung Creek Nature Reserve - Quarterly Progress Report (15/08/18 - Item 12.08)	DDE	Quarterly	Dec, Mar, June, Sep
Legal Fees - Update Report (19/09/18 - Item 09.16)	DCP	Quarterly	Feb, May, Aug, Nov
Grant Application Status Report (21/08/19 - Item 11.02)	DSG	Biannual	Feb, Aug
Glasshouse Strategic Plan Update	DCP	Biannual	Feb, Aug
Digital Technology Project Status (16/08/17 - Item 09.18)	DCP	Biannual	Feb, Aug
Delivery Program – Six Monthly Progress	DCP	Biannual	Mar, Sep
Update on Site Specific Planning Proposal Requests	DSG	Biannual	Apr, Oct
Mayoral and Councillor Fees (Setting of)	GM	Annually	May
Long Term Energy Strategy – Progress	DDE	Biannual	May, Nov
Economic Development Strategy - Progress (20/11/2013 - Item 10.03)	DSG	Biannual	May, Nov
Council Policy - Status	DCP	Annually	Jul
Recreation Action Plan – Status	DDE	Annually	Jul
UGMS - Annual Progress Report on Implementation and Status of Actions (20/06/18 - Item 12.07)	DSG	Annually	Jul
Local Preference Policy Outcomes	DCP	Annually	Aug
Annual Report of the Activities of the Mayor’s Sporting Fund	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	Annually	Sep
Legislative Compliance Register	DCP	Annually	Sep
Cultural Plan 2018 - 2021 - Implementation Progress Report (19/09/18 - Item 10.02)	DSG	Annually	Sep
Koala Recovery Strategy Annual Report (19/09/18 - Item 12.05)	DDE	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 (21/10/15 - Item 09.04)	DCP	Annually	Nov
Performance of Property Investment Portfolio 6-Monthly (20/11/19 - Item 10.17)	DSG	Annually	Nov
Compliments and Complaints Annual Report	DSG	Annually	Dec	Feb-20

Attachments

Nil

AGENDA Ordinary Council

11/12/2019

Item: 10.10

Subject: Draft Glasshouse Plan 2020 - 2022

Presented by: Corporate Performance, Rebecca Olsen

Alignment with Delivery Program

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

RECOMMENDATION

That Council:

1. Note the draft Glasshouse Plan 2020-2022 as detailed in this report.

2. Place the draft Glasshouse Plan 2020-2022 on public exhibition for a minimum period of 28 days, from 24 January 2020 to 21 February 2020.

3. Note that a further report will be tabled at the March 2020 meeting of Council, detailing the submissions received during the exhibition period.

Executive Summary

In July 2014, Council adopted the Glasshouse Strategic Plan 2014-2017 to provide a greater commercial focus in the operation of the venue. Since that time, significant progress has been made in reducing the net cost of the operation of the venue to the community, while continuing to ensure the delivery of high quality cultural, community and commercial activities.

Council’s 2018-19 Operational Plan action 1.5.3.2 required that Council “Review and update the Glasshouse Strategic Plan”.

In September 2018, Council adopted the Cultural Plan 2018 - 2021 including action 4.3 to provide input into the development of Council’s Glasshouse Strategic Plan.

Following consultation with Council’s Cultural Steering Group and Councillors, a draft Glasshouse Plan 2020 - 2022 (as attached) has now been developed to guide the future strategic direction of the venue.

The Glasshouse Plan 2020 - 2022 provides the framework for the Glasshouse to:

· Contribute to the development of our region’s cultural identity;

· Provide opportunities for our community to engage with and participate in arts and cultural experiences;

· Promote a diverse range of high quality cultural, community and commercial activities which contribute to our region’s visitor economy;

· Continue to apply a prudent financial management focus to the delivery of Glasshouse services to support the long-term viability of the venue for our community.

It is proposed to place the draft Plan on public exhibition to obtain broader community and stakeholder feedback prior to finalisation and further consideration of the Glasshouse Plan 2020 - 2022 by Council.

Discussion

At the Ordinary Council Meeting held on 19 June 2013, Council resolved to develop a Strategic Business Plan to provide a greater commercial focus in the future operation of the Glasshouse:

1. Council note the information provided in this report detailing the seventy one (71) submissions received relating to the future strategic direction of the Glasshouse;

2. Endorse the following statement that details the future strategic direction of the Glasshouse:

'The Glasshouse is a unique, nationally recognised and highly awarded multi-purpose facility. It contributes significantly to the economic benefit, place making, lifestyle and marketing of the Port Macquarie Hastings region. It is and will continue to be a key centre for high quality cultural, community and commercial activities on the Mid North Coast.'

3. A Draft Strategic Business Plan for the Glasshouse be developed giving consideration to the Strategic Direction and a more commercial focus in future operations.

4. The Draft Strategic Business Plan be tabled at a future meeting of Council.

The Glasshouse Strategic Plan 2014 - 2017 was subsequently developed in consultation with the then Glasshouse Sub-Committee and formally adopted by Council in July 2014 with a focus on 4 key outcome areas:

· Ensuring good governance;

· Developing successful partnerships;

· Enhancing utilisation and visitation;

· Promoting viability.

Since the adoption and implementation of the Glasshouse Strategic Plan 2014 - 2017, significant progress has been made in reducing the net cost of the operation of the venue to the community, while continuing to ensure the delivery of high quality cultural, community and commercial activities.

While the Glasshouse Strategic Plan was dated 2014 - 2017, pending adoption of an updated Strategic Plan, day-to-day operations at the Glasshouse have continued to be guided by the Glasshouse Strategic Plan 2014 - 2017. Reports are presented to Council in February and August each year, providing updates on progress against the Glasshouse Strategic Plan, key performance measures and financial information for the previous financial year period.

At the Ordinary Council Meeting held in September 2018, Council adopted the Cultural Plan 2018 - 2021 to drive and support cultural development within the Port Macquarie - Hastings region. The Cultural Plan includes the following action:

4.3 Glasshouse Strategic Plan

Provide input into the development of Council’s Glasshouse Strategic Plan to ensure the delivery of high-quality cultural, community and commercial activities which reflect the social and cultural aspects that are relevant to our community

In accordance with this action, a number of discussions have taken place with the Cultural Steering Group since October 2018 to obtain feedback on the development of the Glasshouse Plan.

In August 2019, a Councillor Briefing was also held to obtain feedback and direction from Councillors as to the future strategic direction of the venue.

The draft Glasshouse Plan 2020 - 2022 (as attached) has now been developed in consideration of the feedback received to date.

The Glasshouse Plan 2020 - 2022 seeks to:

· Continue the adopted strategic direction of Council, being to apply a commercial focus in the operation of the venue;

· Realign the 2014 - 2017 outcome areas to refocus the strategic direction on:

- Enhancing utilisation, visitation and participation;

- Developing successful partnerships;

- Promoting viability and ensuring good governance;

· Provide a broader scope than the 2014 Strategic Plan, and present information to inform the community and stakeholders of the breadth of Glasshouse activities provided across the cultural, community and commercial areas;

· Demonstrate clear alignment of the Glasshouse Plan and activities with the aspirations of Council’s Cultural Plan 2018 - 2021 objectives, strategies and actions, and identify actions to contribute to the following Cultural Plan 2018 - 2021 actions:

- 1.3 Venues and spaces

- 1.4 Showcase programs

- 1.8 Professional development opportunities

- 2.1 Inclusive programs and events

- 2.4 Community-based and community-led programs

- 3.1 Collaborative partnerships

- 3.2 Cultural marketing and communications plan

- 4.1 Funding

- 4.7 Cultural performance measure

The following Glasshouse Plan 2020 - 2022 actions are recommended in support of the key outcome areas and Cultural Plan 2018 - 2021 strategies:

Enhancing utilisation, visitation and participation

Ensuring the delivery of high quality cultural, community and commercial activities

Cultural Plan Action 1.3 Venues and spaces

1.3.1 Market and promote the Glasshouse performance, exhibition and event spaces as the premier venue in the region

1.3.2 Investigate opportunities and implement strategies to promote greater utilisation and activation of the Glasshouse performance, exhibition and event spaces, including consideration of reduced fees and charges options for the Studio and Podium spaces.

1.3.3 Undertake Glasshouse back of house maintenance (OP 2.5.1.2 CW) to ensure continued technical excellence, enhanced customer experiences and/or improved efficiency in the delivery of Glasshouse events

Cultural Plan Action 1.4 Showcase programs

1.4.1 Manage the delivery of a range of high quality performing and visual arts events at the Glasshouse in consideration of Council’s Cultural Plan (OP 2.5.1.3)

1.4.2 Facilitate opportunities to showcase locally-developed, high-quality performing and visual arts events at the Glasshouse

1.4.3 Attract international standard commercial touring productions to the Glasshouse

Cultural Plan Action 1.8 Professional development opportunities

1.8.1 Deliver professional development opportunities for artists and our community in conjunction with the Glasshouse performing and visual arts programs

Cultural Plan Action 2.1 Inclusive programs and events

2.1.1 Develop and deliver a range of education and public programs associated with the Glasshouse performing and visual arts programs, to encourage participation in arts and cultural experiences by all sectors of our community, including young people, seniors, people with a disability, and Aboriginal people

Cultural Plan Action 2.4 Community-based and community-led programs

2.4.1 Implement strategies within a framework of fair and equitable access, to enhance utilisation and encourage community participation

2.4.2 Provide a high level of professional, technical and marketing support to community hirers to assist in the co-ordination and delivery of community events and to build future capability

Developing successful partnerships

Working with key stakeholders in the community, government and industry to support the delivery of cultural, community and commercial activities

Cultural Plan Action 3.1 Collaborative partnerships

3.1.1 Partner with key stakeholders in the community, government and industry to support the delivery of cultural and community programs

3.1.2 Develop the Glasshouse Membership Program and associated marketing initiatives to build customer loyalty and repeat visitation

3.1.3 Deliver a range of Visitor Information services within the Glasshouse to market our region’s rich and diverse experiences

Cultural Plan Action 3.2 Cultural marketing and communications plan

3.2.1 Review and update the Glasshouse Marketing and Sales Plan

3.2.2 Implement targeted marketing and sales strategies to increase awareness, enhance utilisation, increase event visitation and maximise cultural, community and commercial outcomes

Promoting viability and ensuring good governance

Applying a prudent financial management focus and open and transparent decision-making, to manage the net cost of the operation of the Glasshouse to the community

Cultural Plan Action 4.1 Funding

4.1.1 Apply a prudent financial management focus to all cultural, community and commercial activities to support long-term efficiency, effectiveness and viability of the Glasshouse

4.1.2 Increase operating revenue at the Glasshouse (OP 1.5.3.1)

4.1.3 Review current revenue sources and investigate the commercial viability of identified new revenue sources (OP 1.5.4.1)

4.1.4 Identify Australian and NSW State Government grant funding opportunities to support the delivery of cultural programs and maintenance of venue technical infrastructure

4.1.5 Review Glasshouse sponsorship / partnership and membership programs and identify new opportunities to support the delivery of cultural and community programs

4.1.6 Investigate and develop a Fundraising Strategy to support the delivery of cultural and community programs and the long-term viability of the Glasshouse

Cultural Plan Action 4.7 Cultural performance measure

4.7.1 Present biannual reports to Council detailing Glasshouse performance against the Glasshouse Plan, key operational and financial performance measures, and Council’s Cultural Plan Objectives

4.7.2 Undertake an economic impact assessment to measure and report on the benefits of the Glasshouse to the local and regional economy

Through these actions, the Glasshouse Plan 2020 - 2022 provides the framework for the Glasshouse to:

· Contribute to the development of our region’s cultural identity;

· Provide opportunities for our community to engage with and participate in arts and cultural experiences;

· Promote a diverse range of high quality cultural, community and commercial activities which contribute to our region’s visitor economy;

· Continue to apply a prudent financial management focus to the delivery of Glasshouse services to support the long-term viability of the venue for our community.

Options

Council has the option to:

1. Resolve to exhibit the draft Glasshouse Plan 2020 - 2022 as recommended;

2. Resolve to undertake amendments to the draft Glasshouse Plan 2020 - 2022 prior to public exhibition;

3. Resolve to not exhibit the draft Glasshouse Plan 2020 - 2022 and seek further information.

Community Engagement & Internal Consultation

The draft Glasshouse Plan 2020 - 2022 has been prepared in consideration of feedback received to date from:

· Councillors via a Councillor Briefing in August 2019;

· Cultural Steering Group;

· Arts Mid North Coast (via the Cultural Steering Group);

· Glasshouse staff.

It is proposed to place the draft Plan on public exhibition for a minimum period of 28 days, from 24 January 2020 to 21 February 2020, to obtain broader community and stakeholder feedback prior to finalisation and further consideration of the Glasshouse Plan 2020 - 2022 by Council at the Ordinary Council Meeting to be held in March 2020.

The public exhibition dates have been deferred to the end of January 2020 to avoid the upcoming Christmas / New Year school holiday period.

Further consultation will be undertaken with Council’s Cultural Steering Group during the public exhibition period.

Planning & Policy Implications

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

The Glasshouse Plan is proposed for the period 2020 - 2022, to align with the next review of the Cultural Plan 2018 - 2021 expected in the 2021-22 financial year.

Financial & Economic Implications

There are no direct financial and economic implications in relation to this report.

Consistent with proposed action 1.3.2 “Investigate opportunities and implement strategies to promote greater utilisation and activation of the Glasshouse performance, exhibition and event spaces”, a review is currently being undertaken in conjunction with the planning for Council’s 2020-21 Schedule of Fees and Charges, to consider venue hire fee options, for example, for the Studio and Podium spaces, to promote greater utilisation and activation of these spaces.

The draft Glasshouse Plan 2020 - 2022 aims to continue the previously adopted strategic direction of Council, being to apply a commercial focus in the operation of the venue. Through the key outcome area “promoting viability and ensuring good governance”, the Plan seeks to continue to apply a prudent financial management focus to manage the net cost of the operation of the Glasshouse to the community.

The graph below shows the significant progress made since 2011-12 in managing the net cost of the operation of the Glasshouse while continuing to ensure the delivery of high quality cultural, community and commercial activities.

Attachments

1 View. Draft Glasshouse Plan 2020 - 2022 for exhibition

AGENDA Ordinary Council

11/12/2019

Item: 12.02

Subject: Policy Review - Markets Policy

Presented by: Strategy and Growth, Jeffery Sharp

Alignment with Delivery Program

3.2.1 Support vibrant commercial, tourism, recreational and/or community hubs across the region.

RECOMMENDATION

That Council:

1. Note the review of Markets Policy, which has now been in place for 12 months.

2. Note the information relating to exceptions to the Markets Policy from February - November 2019 as detailed in this the Policy Review - Markets Policy report.

3. Remove the CBD market setup and start time restrictions from the revised Markets Policy.

4. Place the draft amended Markets Policy on public exhibition from 16 December 2019 to 29 January 2020.

5. Note that a further report will be tabled at the 19 February 2020 meeting of Council, detailing the submissions received from the public during the exhibition period.

Executive Summary

At the Ordinary Council meeting held on 21 November 2018, Council resolved to implement the Markets Policy following exhibition, with changes limiting the number, and timing of markets being held in Port Macquarie, Wauchope and Laurieton CBDs. The aim of the Markets Policy is to facilitate well-managed markets that help to support and contribute to local communities, complementing the offerings of local businesses.

The Markets Policy has now been in place for one year, with oversight by Council’s Temporary Licence Review Panel and the Director Strategy and Growth. During this time, five market applications have been considered:

· Two markets reviewed and approved under the policy: the Port Macquarie Foreshore Market and the Laurieton Riverwalk Market;

· One market approved with exception: the Port Macquarie Real Food Markets; and

· Two market applications fitting under the definition of “occasional” under the policy, making them exempt from the policy.

This Council Report provides a review of the Markets Policy, with a key focus on its effectiveness in the first 12 months of implementation, review of the Council exception made under the Policy, and review of the fee structure for market operators.

Discussion

At the Ordinary Council meeting held on 21 November 2018, Council resolved as follows:

1. Note the submissions received during the Draft Markets Policy exhibition period.

2. Adopt the exhibited Draft Markets Policy but amending the clause on Page 1 to read: “As a general guideline, in each of the Port Macquarie, Wauchope or Laurieton CBDs (see maps at Appendix A) in any week only one ‘regular’ market will be permitted from Monday to Friday, with a set-up time to be no earlier than 3pm, and one ‘regular’ market on the weekend (Saturday and Sunday inclusive, and with the Saturday set-up time to be no earlier than 12 noon). Competing applications will be considered on merit with pre-approved markets taking precedence. Regular markets involve four or more markets in one calendar year.”

3. Include in the Markets Policy the changes proposed following exhibition, as identified under points 2-4 on Page 138 of the Agenda and detailed in Attachment 2.

4. Request the General Manager provide a report to the December 2019 meeting on the local markets situation (regular, occasional, ancillary to another event) including the operation of the Markets Policy.

5. Request the General Manager to give consideration to a suitable fee structure and report back through the Cultural & Economic Development Portfolio and include any fee structure developed to the December 2019 Report to Council.

Further, at the Ordinary Council meeting held on 20 February 2019, Council resolved as follows:

That Council:

1. Subject to a successful application under Council’s Markets Policy, admit the Tuesday Real Food Market in the Hay Street Forecourt as a trial exception under the general provisions of the Markets Policy relating to timing in the CBD, with a set-up time from 11am and start time of noon, and the trial to end 31 December 2019.

2. Request the General Manager to:

a) Report to Council any future application for exception under the Markets Policy, for Council’s determination.

b) Advise the approved operator of the Hay Street Forecourt Tuesday Real Food Market of the terms of the policy exception for those markets, namely that only fresh local food products be offered, and the approved operator is required to manage the stalls in accordance with the approved exception and provide a compliance report by 30 November 2019.

c) Table the compliance report referred to in 2(b) to Council in conjunction with the review of Markets Policy at the December 2019 Ordinary Council Meeting.

This report addresses items 4 and 5 of the November 2018 resolution and item 2 of the February 2019 resolution. On consideration of these matters and the review of the Policy implementation to date, the report recommends the following amendment to the Policy, to remove the current restrictions around start times:

· Amend the clause on Page 1 to read: “As a general guideline, in each of the Port Macquarie, Wauchope or Laurieton CBDs (see maps at Appendix A) in any week only one ‘regular’ market will be permitted from Monday to Friday, and one ‘regular’ market on the weekend (Saturday and Sunday). Competing applications will be considered on merit with pre-approved markets taking precedence. Regular markets involve four or more markets in one calendar year.”

Effectiveness of the Markets Policy

The Markets Policy introduced an important mechanism to assess the overall impact of new markets via a Market Suitability Analysis. Under the Policy, this became a prerequisite of market approval conducted by Council’s Temporary Licence Review Panel. It creates a measured approach to introducing markets that complement the location at which they are being held, and the facilities available in the market location. Key markets subject to the Market Suitability Analysis in the first twelve months of the Markets Policy were:

- Foreshore Markets application: Market Suitability Analysis supported change in layout, subject to 6-month trial based on initial concerns about changed parking arrangements.

- Real Food Market application: Market Suitability Analysis confirmed that the market was complementary to retail activity in the Port Macquarie CBD, with evidence available indicating an increase in CBD activation associated with the market. An exception to the policy was approved by Council for the regular market to commence at 12pm, in February 2019.

- Laurieton Riverwalk Market application: Market Suitability Analysis identified an opportunity for targeted park maintenance that would enhance the market experience.

Markets that fell outside of the scope of the Policy in the first 12 months of operation, based on them being defined as “occasional” (being less than four markets per year) were:

- Wauchope Farmers Market: One market held within the defined Wauchope CBD on Saturday 27 April 2019 at Bain Park.

- The Forecourt Summer Markets: Three markets are to be held within the defined Port Macquarie CBD on 12, 19, and 23 December 2019. Defined as “occasional” under the Markets Policy.

Review of Council Exception made under the Policy

As noted above, at the Ordinary Council meeting held on 20 February 2019, Council requested that any further applications for exception under the Markets Policy be reported to Council for determination. To date, the Real Food Market is the only application requesting any form of exemption under the Policy.

In accordance with the Council resolution, Pacific Coast Shopping Centres submitted the required compliance report on 19 November 2019 (see attachment 2 and 3), which also seeks an extension to the exception. Given the ongoing success of this market, and the evidence supporting the uplift in CBD activation, it is recommended that continuation of this market be supported.

Feedback from businesses operating stalls at the Real Food Markets also supports removal of a key limitation within the Markets Policy - the limit to timing of markets within CBDs. Market operators have indicated that, should the start time of this market be forced to comply with the policy - commencing after 3pm - it will no longer be viable for stallholders to attend. Given the limited number of market applications received by Council, the effectiveness of the Market Suitability Analysis, and the negative impact on market viability that the timing limitation is reported to have, it is recommended this condition be removed from the clause on Page 1 of the Policy.

It is understood that on adoption of the Market Policy, Council sought to limit the impact of Markets on adjoining businesses. The trial exception period, the compliance report and surrounding business feedback indicate the positive effect markets can have on activation and economic activity on the spaces and adjoining business. It is therefore proposed to remove the time restriction adopted in the 21 November 2018 resolution.

Review of Fee Structure for Markets

Markets operate in a variety of locations across the Port Macquarie-Hastings region, however the approval given for markets to operate on Council-managed land generally falls into one of two categories depending on if the market occurs in a park (approval under Section 68), or on a road reserve (approval under Section 138). Accordingly, markets are charged differently depending on the location that they operate. An overview of fees levied per market for those approved under the Markets Policy are provided below:

Real Food Markets Port Macquarie (operated on a road reserve under a Section 138 approval by a commercial entity)

o Charge per m²: $2.55 inc.GST

o Size per market stall: 12.5m²

o Fees 26 February to 25 June 2019 (18 markets): $2,460.70 inc GST

§ Average fees per market: $136.71 inc GST

Foreshore Market Port Macquarie (operated in a park under a section 68 approval by a commercial entity)

o Ground Fee - Commercial Use: $440.00

o Electricity - single phase (3): $123.00

o Electricity - three phase (2): $164.00

§ Total fees per market: $727.00 inc GST

Laurieton Riverwalk Markets (operated in a park under a section 68 approval by a not-for-profit entity)

o Ground Fee - General Use: $170.00

o Electricity - single phase (4): $164.00

§ Total fees per market: $334.00 inc GST

It is assessed that the current level of market activity in the local government area is not excessive. Existing markets continue to operate successfully in a sustainable and considered manner under the Markets Policy, and we are not seeing an influx of new markets. The current fees and charges, although varying by location, are deemed fair and reasonable. Further, the fee structure applied to market locations is consistent with other public uses, therefore allowing appropriate management of competing demand for public land based on Council’s broader community event prioritisation.

It is recommended a future review of fees and charges for key Port Macquarie event spaces - including Town Square, the Glasshouse Forecourt and Westport Park - be conducted in the context of broader community use and customer experience to consider the impact the approval mechanisms and varying fees have on CBD activation.

Options

Council has the option to:

1. Note the information presented in the report and agree an amended draft Policy be placed on public exhibition;

2. Request further information;

3. Note the information presented in the report and continue with the Policy implementation as currently adopted.

Community Engagement & Internal Consultation

Community Engagement

Real Food Markets Stallholders and Market owner. There has not been any targeted community engagement in the development of this report, and a review of correspondence did not reveal any community feedback regarding markets since the influx of feedback regarding the Real Food Markets which led to the exception decision in February 2019.

Business Engagement

Engagement with businesses immediately exposed to the Real Food Markets (Hay Street Forecourt and facing Hay Street South), has confirmed they support removal of the 3pm start time clause in the Markets Policy. Most businesses indicated the Real Food Markets generate valuable activation, foot traffic and exposure that is otherwise limited in their location, and businesses that did not experience a change in trade due to the markets noted the markets raise awareness of their presence. Businesses exposed to the markets also reported the valuable role they have played in introducing local produce supplies into supply chains, with businesses in the precinct sourcing supplies from market stallholders (including eggs, honey, fresh produce and value-added goods).

Internal Consultation

· Temporary Licence Review Panel

Financial & Economic Implications

Local markets have a strong positive impact on economic development within a community. Markets offer an opportunity for small businesses to test new business ideas, develop an understanding of the retail landscape, and develop a business case for entering the commercial environment on an ongoing basis. Further, many local markets with the Port Macquarie-Hastings Local Government Area are biased toward the offering of locally grown produce and locally made products, enhancing outcomes to small producers by offering the sale direct to the public.

Markets also have a strong positive impact on the environment that they operate in, attracting activation and increased spend in neighbouring commercial precincts. For example, according to Pacific Coast Shopping Centres - the owner and operator of the Port Macquarie Real Food Market - over the first 12 months of market operation average traffic uplift in Port Central on a Tuesday from the Real Food Markets was 15.9%, or 1,800 people. It was further estimated that the Real Food Market attracts 100,000 additional people into Port Central per annum.

Attachments

1 View. Port Macquarie-Hastings Markets Policy

2 View. Compliance Report Cover Letter: Port Macquarie Real Food Markets

3 View. Compliance Report - Real Food Market

AGENDA Ordinary Council

11/12/2019

Item: 13.01

Subject: Water Security Update

Presented by: Infrastructure, Dan Bylsma

Alignment with Delivery Program

4.1.1 Plan, investigate, design and construct water supply assets ensuring health, safety, environmental protection and security of supply for the future growth of the region.

RECOMMENDATION

That Council note the information included in the Water Security Update report.

Executive Summary

At the 18 September 2019 Ordinary Council meeting, Council resolved:

That Council:

1. Request the General Manager Report to the December 2019 Council Meeting on water security and water availability for the Local Government Area. Within this report request the General Manager include:

a) Updates on investigations into water filtration systems.

b) Current plans (if any) to raise the dam walls.

c) Outline any investigations into building new water infrastructure.

2. Request the General Manager:

(a) Write to the NSW Minister for Water, Hon. Melinda Pavey MP, asking for information on any new funding opportunities for local government to upgrade water infrastructure.

(b) Write to the NSW Leader of the National Party, Hon. Member John Barilaro MP, and the NSW Member for Port Macquarie, Hon. Leslie Williams MP, to advise of Council’s correspondence to the Minister attaching this report and the letter to the Minister.

This report provides an update, relating to point 1 above, on Council’s current water availability and short-term drought management planning along with Council’s long-term strategy to ensure a secure water supply.

The actions relating to point 2 above will be completed following the December 2019 Ordinary Council meeting, to ensure any other issues from the discussion at the meeting are addressed in the correspondence.

Discussion

Short-Term Drought Management

NSW is experiencing one of the most severe droughts on record with the Port Macquarie-Hastings Council LGA currently identified as being in ‘Intense Drought’ by NSW Department of Primary Industries. There have been extreme low catchment inflows over the past 12 months, which has resulted in limited river extraction opportunities and reliance on our water storages.

As a result, Council’s water storage levels have dropped over the past 12 months with the total water storage levels currently approaching 45% capacity. In response to this, Council resolved at the November 2019 Ordinary Council meeting to expedite the introduction of Level 3 Water Restrictions (approximately 26 days early) due to the on-going drought and bushfire activity.

It is estimated that if there were to be no river extraction opportunities and demand remains unchanged from what is currently being experienced the following supply timeframes are expected:

· 74 Days until 35% capacity (Level 4 water restrictions trigger)

· 137 days until 25% capacity (Emergency level water restrictions)

· 293 days until empty

With outlooks for drier-than-average conditions forecast to ease into summer, some extraction opportunities may become available over this period, which would extend the water supply however, it should be noted that several months of above-average rainfall would be needed to see a recovery from current long-term rainfall deficiencies.

The following are the key risks which if realised could lead to Council’s water supply being exhausted in accordance with the above timeframes:

· Long-term rainfall forecasts indicating a return to average rainfall from January to March are not realised and less than average rainfall continues leading to no opportunities to extract water.

· Should rainfall occur as currently forecast between January and March there is a risk that due to recent prolonged dry conditions and bushfire activity, the quality of the river water may not be sufficient to allow extraction. Further to this it is possible that in the time it takes for the river quality to return to an acceptable level the quantity of river flow may drop to below the level acceptable to allow extraction. This would be more likely to occur if there were to be one large rainfall event, then no rain to follow for a prolonged period.

· As the Dam storage level lowers, there is an increased risk of reduced water quality that include potential taste and odour issues caused by the reduced depth of water leading to temperature variations, wave action agitating bank around the top water line, an increased risk of algal blooms.

In order to mitigate these risks and ensure that Council is doing everything possible to provide security of water within the LGA, the following is being undertaken in the short-term:

· Council will continue to enforce water restrictions in accordance with Council’s Water Supply Policy and Drought Management Plan. Supporting media and consultation will continue in order to educate the community and ensure water demand is reduced accordingly.

· Council is currently providing monthly updates to the NSW Government Department of Planning, Industry and Environment (DPIE) who are supporting water utilities across the State and assists them in identifying any emerging issues and where assistance is most needed.

Long-term Water Security Plans

Development of an Integrated Water Cycle Management Plan (IWCM)

In order to adequately plan for the future, the NSW Government encourages local water utilities (Councils) to undertake a comprehensive review of their water, sewer and stormwater undertakings every eight years. This process is called Integrated Water Cycle Management (IWCM) and leads to a formal summary document outlining the long term plan for water and sewer schemes and strategic stormwater management.

The IWCM Strategy effectively provides an Options Report for any dams, water and sewage treatment works and recycling projects over a 30-year horizon. In completing the IWCM, consultation is undertaken with the NSW Government and the broader community and therefore streamlines any subsequent approvals.

Public Works Advisory (PWA) have been engaged by Council to complete a review and update to the Draft IWCM strategy to ensure that the studies are in accordance with the latest available population and climate data and are sufficient to gain DPIE Water approval. Works on the revised IWCM document are scheduled to be completed in early 2021. Council have also successfully obtained grant funding support for this project under the NSW Government’s Safe and Secure Water program.

In the interim, to avoid delays while awaiting the finalisation of the IWCM strategy Council are progressing with the planning for the various infrastructure upgrade projects identified following advice from PWA and DPIE.

Options for Increased Water Security

As identified in the draft IWCM and subsequent secure yield (annual demand) analysis undertaken by PWA, two key projects have been identified to improve Council’s long-term water security. These include:

· Construction of a bulk water filtration plant at Cowarra Dam

· Raising of the Cowarra Dam walls in order to increase dam storage capacity.

A bulk water filtration plant at Cowarra Dam would provide increased water security for Council by allowing the river water extraction quality constraints to be relaxed. This would mean Council would be able to extract water from the river more frequently when river flows are sufficient. Currently, following large rainfall events, it is typical for Council to be unable to extract water for a number of weeks due to increased turbidity and nutrients in the water. The filtration plant will also provide a higher level of service to our community in terms of water quality. Additionally, it will also provide added security by reducing the risk of contamination of the water stored within the dam and reduces the risk of algal blooms impacting the water supply as the water can be treated again prior to supplying to the community.

Based on the latest water balance modelling and secure yield analysis completed by PWA, it is estimated that with the provision of a bulk water filtration plant at Cowarra Dam secure yield would be provided until approximately 2050.

Following this, it is proposed that raising of the Cowarra Dam walls to increase the storage capacity from 10,000ML to approximately 18,000ML would provide water security through to approximately 2070. As part of the IWCM review currently being undertaken by PWA, it is proposed to complete a review of the timing of construction for the Dam wall upgrade and consider whether bringing this forward in the works program would provide any advantages.

PWA were engaged in May 2019 to complete a scoping study for a bulk water filtration plant at Cowarra Dam to be completed in parallel with the IWCM updates. The study is expected to be completed in June 2020 and will identify the treatment requirements, preferred location for the treatment plant, environmental planning constraints and preliminary costs for the works. Completion of this study and inputs from the development of the IWCM Strategy will allow Council to proceed with detailed design and construction of the proposed water treatment plant which is expected to be completed by 2024.

A number of other upgrades are planned to the water supply system to ensure that the pipeline network is suitable to provide adequate supply and has appropriate redundancy to maintain water supply should there be a significant interruption in system i.e. water main break. These upgrades include:

· Construction of the Southern Arm Trunk Main providing redundancy to the Camden Haven water supply. This pipeline has been constructed with one section remaining along Houston Mitchell Drive.

· Construction of a dedicated trunk main between the Rosewood and Sancrox Reservoirs. The detailed design for this pipeline is complete with construction expected to be completed in the 2020-2021 financial year.

· Construction of a new 750mm diameter trunk pipeline between the River extraction point at Rosewood and the Cowarra Dam and from the Cowarra Dam to the Port Macquarie Dam to allow for the increased water yield provided by the proposed bulk water filtration plant.

Options for increased use of Recycled Water

The intense drought and level 3 water restrictions has seen a strong interest in the supply of treated effluent (recycled or reclaimed water) for a range of reuses, with many new requests received from the community. Council have gained approval for the following end uses:

Port Macquarie Recycled Scheme

· Irrigation

· Toilet Flushing

· Truck/Car Washing

· Laundry

· Industrial and Commercial Construction

· Dust Suppression

· Fire Fighting rehydration response at Linfield Park peat fire

Lake Cathie/Bonny Hills Recycled Scheme

· Irrigation

· Dust Suppression

Camden Haven Recycled Scheme

· Irrigation

· Dust Suppression

Kew/Kendall Recycled Scheme

· Irrigation

Further to the above, Council is investigating options in consultation with the Local Land Service and NSW Department of Primary Industries for potential end use opportunity for agriculture and livestock use following various requests from the community impacted by both the intense drought and recent fires.

Council will continue to explore opportunities for further use of reclaimed and recycled water. Reclaimed water is the process of converting wastewater into water including primary and tertiary treatment. Reuse for reclaimed water is typically limited to irrigation purposes. Recycled water has a further level of treatment that allows for a wider range of end uses including fulfilling certain needs in residences, businesses, and industry, and can even reach drinking water standards. For any new approvals however, there may also be other considerations for Council, such as existing user commitments, administrative burden, cost recovery etc. Small-scale reuse may be appropriate/attractive in the current context, but longer-term arrangements may be limited by current plants capacity (3.7ML per day) and processing costs. In response to these concerns, Council are reviewing the duration of any new approval applications.

Council will continue to explore opportunities for further use of reclaimed and recycled water. Reclaimed water is the process of converting wastewater into water that can be reused for other purposes. Reuse may include irrigation of gardens and agricultural fields or replenishing surface water and groundwater. Reused water may also be directed toward fulfilling certain needs in residences, businesses, and industry. Recycled water has a further level of treatment that could even reach drinking water standards. For any new approvals however, there may also be other considerations for Council, such as existing user commitments, administrative burden, cost recovery etc. Small-scale reuse may be appropriate/attractive in the current context, but longer-term arrangements may be limited by current plant capacity (3.7ML per day) and processing costs. In response to these concerns, Council are reviewing the duration of any new approval applications.

As part of the IWCM, investigations are also being undertaken to assess the suitability of our current recycled water system as part of a broader effluent management study. This work will assess whether increasing the current dual reticulation system will provide benefits to Council in terms of providing a suitable way to dispose of effluent and decreasing demand on the potable water supply.

In the interim period, Council is working toward completing the current approved recycled water systems with construction completed on the Bonny Hills Recycled water supply mains and construction commencing in early 2020 on the interim Thrumster Recycled water supply mains connection, with completion expected in 2021.

Following completion of the above mentioned projects and subsequent final approval from the Department of Planning, Industry and Environment (DPIE), Council will be supplying recycled water to the Thrumster development area, Rainbow Beach (Area 14) development area, all golf courses, a number of open space and recreation areas and a number of commercial users within Port Macquarie.

Options

This report is for notation only in relation to providing information in response to the Notice of Motion regarding Water Security tabled at the 18 September 2019 Ordinary Council meeting.

Community Engagement & Internal Consultation

There has been no external community engagement in relation to this report due to the fact that this report is an information report only.

Internal consultation has taken place with the following:

· General Manager

· Director Infrastructure

· Group Manager Infrastructure Operations

· Group Manager Infrastructure Planning

· Group Manager Project Delivery

· A/Operations Manager Water & Sewer

· Senior Project Manager - Water & Sewer Projects

Planning & Policy Implications

There are no planning and/or policy implications in relation to this report, noting it is an information report only.

Financial & Economic Implications

There are a number of significant capital projects over the next 10 years tied closely to the IWCM and overall approach to water management. These projects are expected to total in the order of $500,000,000.00 and be funded through the Water and Sewer reserves and potential for grant funding.

Attachments

Nil

AGENDA Ordinary Council

11/12/2019

Item: 13.03

Subject: Sancrox and Fernbank Creek Planning Investigation

Presented by: Strategy and Growth, Jeffery Sharp

Alignment with Delivery Program

4.5.1 Carry out strategic planning to manage population growth and provide for co-ordinated urban development.

RECOMMENDATION

That Council:

1. Endorse the information contained within Fernbank Creek and Sancrox Planning Investigation Area Discussion Paper and associated Fact Sheet.

2. That the above documents be placed on public exhibition for a period of 28 days, and that feedback received in relation to this public exhibition be used to inform the development of a Structure Plan for this area (previously referred to as an ‘Outline Plan’).

3. That delegation be provided to the General Manager to make any required minor or administrative amendments to these documents prior to exhibition.

4. Note that Council Staff have recently reviewed a suite of draft documents in support of a proposed future Planning Proposal for a number of landholdings collectively known as ‘Le Clos Sancrox’. These documents are being reviewed in parallel with the progression of the Structure Plan following Council’s resolution in relation to this matter at its Ordinary Meeting of 20 February 2019.

5. Encourage the Le Clos Sancrox land owner consortium to develop documents in support of the proposal referenced in Recommendation 4, in parallel with the development of the Structure Plan referenced in Recommendation 2, and that to ensure consistency in the strategic planning process, lodgement of a subsequent Planning Proposal should be avoided until this Structure Plan has been finalised.

Executive Summary

The Fernbank Creek and Sancrox Planning Investigation is being undertaken as Council’s current adopted position (as detailed within Council’s Urban Growth Management Strategy (UGMS)) is to maintain a 15-year supply of zoned residential land, ready for development, including allowance for lead-in times for investigation and rezoning. The intent is to promote market choice, competition and affordability in the housing market, allowing for growth cycles whilst also providing reasonable certainty for builders, developers and government regarding return on investment, particularly in relation to up-front infrastructure costs. In July 2017, the estimated supply of residentially zoned land in Port Macquarie was 16.4 years. Given the usual long lead times for the investigation and rezoning of land, it is timely to commence this process now in order to maintain a 15-year land supply.

Urban growth within the Local Government Area (LGA) must be consistent with the North Coast Regional Plan (NCRP) and UGMS. These documents are ultimately approved by the New South Wales (NSW) Government Department of Planning, Industry and Environment (DoPIE). When the NSW Government approved the UGMS in November 2018, it was subject to the Fernbank Creek and Sancrox investigation areas as being endorsed ‘only for investigation’. Advice from the NSW Government in relation to this condition stated that detailed assessment of site specific development constraints such as proximity to mineral resources, regionally significant farmland and potential high-environmental-value land will be required at the structure plan stage to confirm consistency with relevant state environmental planning policies and other legislative strategic planning requirements.

In consideration of the above, at its Ordinary Meeting of 20 February 2019, Council resolved that “…4. Immediately commence Stage 1 planning to prepare an Outline Plan for Sancrox-Fernbank Creek as detailed in the UGMS.” Following on from this resolution, it is proposed that the term ‘Structure Plan’ be used in place of the term ‘Outline Plan’ to ensure consistency with the terminology referenced by the DoPIE in relation to its November 2018 advice as detailed above.

This report seeks Council’s endorsement of the Fernbank Creek and Sancrox Planning Institute of Australia Paper and Fact Sheet for the purpose of further engagement.

Discussion

The aim of the Fernbank Creek and Sancrox Planning Investigation project is to investigate the potential future growth areas referred to as A1 to B4, including a potential long term light industrial investigation area between Sancrox Road and the Oxley Highway, as identified in the UGMS. In addition, the relationship between these areas and existing land use zones within the Planning Investigation Area will also be considered to ensure the logical and sustainable long term growth of Port Macquarie can be facilitated. This process is intended to develop a strategic approach to the planning and release of these urban growth areas to ensure achievement of Council’s vision for the Port Macquarie-Hastings Local Government Area: ‘A sustainable high quality of life for all’.

Council’s current adopted position is to maintain a 15-year supply of zoned residential land, ready for development, including allowance for lead-in times for investigation and rezoning. The intent is to promote market choice, competition and affordability in the housing market, allowing for growth cycles whilst also providing reasonable certainty for builders, developers and government regarding return on investment, particularly in relation to up-front infrastructure costs.

In July 2017, the estimated supply of residentially zoned land in Port Macquarie was 16.4 years (UGMS). Given the usual long lead times for the investigation and rezoning of land, it is timely to commence investigation of the future potential growth areas as detailed within the attached Discussion Paper in order to maintain a 15-year land supply.

With regard to the UGMS, when the former Department of Planning and Environment (DoPE), now DoPIE approved this document, it was subject to the potential release areas outside of the urban growth areas (Fernbank Creek and Sancrox) being endorsed as ‘only for investigation’. The DoPE advised that the NCRP will not be changed until the investigations have been completed and appropriate structure plans endorsed by the DoPE. The advice also stated that detailed assessment of site specific development constraints such as proximity to mineral resources, regionally significant farmland and potential high-environmental-value land will be required at the structure plan stage to confirm consistency with relevant state environmental planning policies and section 9.1 directions.

In consideration of the above, at its Ordinary Meeting of 20 February 2019, it was resolved that Council: ‘…4. Immediately commence Stage 1 planning to prepare an Outline Plan for Sancrox-Fernbank Creek as detailed in the UGMS.’ Following on from this resolution, it is proposed that the term ‘Structure Plan’ be used in place of the term ‘Outline Plan’ to ensure consistency with the terminology referenced by the DoPIE in relation to its November 2018 advice as detailed above.

In addition to the above, the Port Macquarie Hastings Industrial Land Strategy Review 2015 (ILSR) provides a strategic planning framework for industrial precincts and identifies appropriate locations for future industry to support and enhance the economic competitiveness of the Port Macquarie-Hastings Region. This document was used to inform industrial land use priorities within the UGMS, which included a potential long term light industrial investigation area between Sancrox Road and the Oxley Highway. The ILSR found:

…..there is 530 ha [hectares] of zoned industrial land in Port Macquarie-Hastings LGA, of which around 244ha of land is developed and 285ha is zoned and vacant. Excluding the constrained precinct of Herons Creek there remains around 211ha of vacant suitable industrial land available to the market.

The Port Macquarie-Hastings LGA will demand an additional 78ha to 135ha of industrial land to 2036 indicating there is sufficient current supply to meet demand to 2036.

To address long term industrial demand, an appropriate location for investigation may be between the Sancrox Employment Precinct and the Oxley Highway due to:

· The proximity of both the Oxley and Pacific Highways;

· Agglomeration opportunities with the Sancrox Employment Precinct; and

· The potential for this future land to further improve access to the Sancrox Employment Precinct.

Given the long term nature of potential development within the Planning Investigation Area (beyond 2036), the proximity of this area to the future growth areas referred to as A1 to B4, and the sites location within the assessment boundary for the Greater Sancrox Structure Plan 2015, this precinct is also considered within the Discussion Paper document, along with consideration of other existing land use zones within the Planning Investigation Area.

In addition to the above, a suite of draft documents has been recently submitted by a planning consultant on behalf of a land owner consortium in support of a proposed future Planning Proposal for a number of landholdings collectively known as ‘Le Clos Sancrox’, which is located within the subject Planning Investigation Area. This documentation has been submitted in parallel with the progression of the Structure Plan following Council’s resolution in relation to this matter at its Ordinary Meeting of 20 February 2019.

Following initial review of the draft documents by Council Staff, feedback was provided to the subject planning consultant on 7 November 2019. Council Staff will continue working with the consultant in relation to these documents as relevant.

It can be noted that if site specific documentation in relation to Le Clos Sancrox is further advanced than information prepared as part of the wider Sancrox and Fernbank Creek Planning Investigation, there is the potential for inconsistencies to develop between these suites of documents through the assessment process.

The planning consultant administering the above process has indicated that formal lodgement of a Planning Proposal for this site is imminent. If the subject Planning Proposal is lodged prior to the finalisation of the wider Sancrox and Fernbank Creek Planning Investigation, statutory assessment timeframes will commence and Council will be required to issue a determination on the proposal within 90 days. If a determination is made to proceed with the Planning Proposal prior to the finalisation of the Structure Plan, infrastructure, social, environmental and other ancillary assessments are unlikely to be completed. This is likely to result in substandard infrastructure, social, environmental and other outcomes as the cumulative costs and benefits of the proposed development will not have been appropriately assessed and subsequent management measures developed, including the development of sustainable strategic development and contributions plans. The subject proposal would also need to be justified against the Variation Criteria as detailed within the NCRP and may lack strategic context. This may result in a more complex and time consuming approval process than if the Planning Proposal was lodged following finalisation of the Structure Plan.

Given the above, consideration can be given to encouraging the land owner consortium to progress site specific documentation in parallel with the wider planning investigations in accordance with the Resolution of Council’s Ordinary Meeting of 20 February in relation to this matter. This would minimise the chance of inconsistencies between the documents, which would simplify the assessment process and achieve the best strategic community outcomes.

Options

Alternative options to the progression of the subject Planning Investigation are provided below:

Option 1 - As per Recommendation

Option 2 - Not prepare a Structure Plan for the Planning Investigation Area

This option would involve Council’s consideration of a report seeking an amendment to the UGMS to remove Action 6 (Preparation of an Outline Plan (Stage 1 investigations) for the Fernbank Creek and Sancrox potential future growth areas). In accordance with the provisions of the North Coast Regional Plan (NCRP), this action would likely remove strategic context to facilitate the progression of the Fernbank Creek site, due to this site being located within the ‘Coastal Zone’ as defined within the NCRP.

Notwithstanding the above, the Sancrox components of this proposal may be able to proceed, likely in part only due to site specific planning constraints, in accordance with the Variation Criteria contained within Appendix 1 of the NCRP. This could occur through the progression of appropriately justified individual Planning Proposals, as this area is outside of the constrained ‘Coastal Zone’ as defined within the NCRP.

This approach would initially reduce burden on Council resources by removing the requirement to prepare a Structure Plan and associated documentation. However, additional long term burden may be borne by Council in assessing multiple site specific Planning Proposals on a case by case basis without the strategic framework of a Structure Plan.

In addition to the above, it is likely that the full cost and benefit of this development to the community will not be accurately quantified without an overall Structure Plan. This may result in infrastructure not being adequately costed and therefore funded into the future. It is also likely to result in fragmented and poor quality social and environmental outcomes as conservation and community development decisions will be made on a case by case basis rather than in consideration of wider community requirements.

Option 3 - Preparation of a Structure Plan without a Discussion Paper or Fact Sheet

This option would involve proceeding directly to the preparation of a Structure Plan without first having prepared a Discussion Paper or Fact Sheet. This option would facilitate the expedient resolution of Action 6 of the UGMS and Council’s Resolution of 20 February 2019. However, other considerations associated with this option include:

· Targeted consultation in relation to this proposal has not yet been undertaken with the Fernbank Creek Stakeholders. Proceeding directly to the Structure Plan phase without first having undertaken a higher level assessment and targeted consultation may ‘surprise’ these stakeholders. This may result in poor community relations outcomes, particularly due to the potential nature of the Planning Investigation (rezoning rural land to urban land) and the presence of potential existing infrastructure challenges in relation to Fernbank Creek Road. This approach would also limit Council’s ability to receive initial feedback which can be taken into consideration in the preparation of the Structure Plan.

· The direction of the proposal for the Sancrox component of the Planning Investigation Area has changed significantly since initial planning investigations between 2011 and 2014. This includes changing potential urban land use outcomes from large lot residential to a combination of potential large lot, general and medium density residential, business and industrial land uses. These changes will significantly increase demand for infrastructure, social and recreational facilities, the demand for which will be required to be accurately quantified. As above, targeted consultation will minimise the chance of stakeholder ‘surprise’ and will allow Council to receive initial feedback which can be taken into consideration in the preparation of the Structure Plan.

This report recommends Option 1.

Community Engagement & Internal Consultation

Initial meetings between Council staff, State Government agency representatives and landowners in relation to the Greater Sancrox Structure Plan (GSSP) Issues Paper commenced in October 2011.

In December 2011 and after calling for expressions of interest, a Reference Group of landowner representatives was formed to assist in the draft GSSP preparation. The Reference Group comprised 10 landowner representatives and representation from the (former) Department of Planning and Infrastructure (DP&I), the Roads and Maritime Services (RMS) and the Office of Environment and Heritage (OEH).

Information about the draft GSSP preparation, including notes from the Reference Group meetings, was made available on Council’s website. Council staff meet with the Group several times to identify challenges and opportunities. The outcomes of these meetings and feedback from Group members helped to inform the development of the GSSP. Information updates were provided on Council’s website for all interested persons throughout.

At its Ordinary Meeting of 20 August 2014, Council resolved to publicly exhibit the draft GSSP. The draft GSSP was placed on public exhibition for a period of six weeks during September and October 2014.

Community engagement during public exhibition period included written notification to landowners and adjoining owners, notices in the local paper, web-based information and feedback survey form, information sessions and stakeholder meetings. Additional consultations also occurred with key State government agencies.

Following assessment of the public submissions received, amendments were made to the draft GSSP to incorporate appropriate feedback prior to reporting a revised GSSP to the 17 December 2014 Council meeting for adoption.

The direction of the proposal for the Sancrox component of the Planning Investigation Area has changed significantly since the planning investigations between 2011 and 2014. This includes changing potential urban land use outcomes from large lot residential to a combination of potential large lot, general and medium density residential, business and industrial land uses. These changes will significantly increase demand for infrastructure and social and recreational facilities, the demand for which will be required to be accurately quantified. Proposed targeted consultation in relation to these changes will minimise the chance of stakeholder ‘surprise’ and allow Council to receive initial feedback which can be taken into consideration in the preparation of the Structure Plan.

General consultation in relation to the Fernbank Creek component of the Planning Investigation Area has been undertaken as part of the progression of the UGMS. No stakeholder consultation specific to this proposal has been undertaken to date.

Internal consultation in relation to the Sancrox component of the planning investigation area has been undertaken since the development of the Greater Sancrox Structure Plan Issues Paper in 2011. This consultation has been undertaken through means such as document referrals, meetings and workshops. More recently, internal consultation in relation to this proposal was undertaken as part of an internal working group on 17 September 2019. Feedback from this working group has been used to inform the development of the attached Discussion Paper and Fact Sheet.

Planning & Policy Implications

There are no planning and policy implications in relation to the current phase of the subject Planning Investigation. Relevant Council policies such as Social Impact Assessment and Planning Agreements will be considered during the relevant future phases of the Planning Investigation.

Financial & Economic Implications

Council has allocated $150,000 to the development of the subject Structure Plan. The public exhibition of the subject Discussion Paper and Fact Sheet will incur administrative costs for purposes such as document distribution, venue hire and other associated costs as applicable. However, the majority of the above allocation is likely to be used to resource specialist assessments during the Structure Plan phase. Overhead resources (such as Council Staff time) will also be required to develop and manage the subject material.

Notwithstanding the above, the provision of resources to the progression of this documentation will facilitate the strategic identification of the economic, social, environmental and infrastructure opportunities and constraints of the site. This will allow the medium and long term costs and benefits of the proposal to be quantified and contributions planning and resource allocation distributed accordingly.

No other financial implications are envisaged in relation to this matter at this time.

Attachments

1 View. Discussion Paper - Sancrox and Fernbank Creek Planning Investigation Area

2 View. Fact Sheet - Sancrox and Fernbank Creek Planning Investigation Area

AGENDA Ordinary Council

11/12/2019

Item: 13.06

Subject: Draft Port Macquarie-Hastings Development Control Plan 2013 - Airport Business Park

Presented by: Development and Environment, Melissa Watkins

Alignment with Delivery Program

4.5.1 Carry out strategic planning to manage population growth and provide for co-ordinated urban development.

RECOMMENDATION

That Council:

1. Endorse the Draft Port Macquarie-Hastings Development Control Plan 2013 - Airport Business Park, at Attachment 3, for public exhibition concurrently with the Airport Business Park Planning Proposal for the period of 29 January to 26 February 2020.

2. Seek an alteration to the Airport Business Park Planning Proposal Gateway Determination to include ‘recreation area’ as a permitted use in the B7 Business Park Zone.

3. Delegate authority to the Director Development and Environment to make any necessary minor changes to the Draft Development Control Plan, including mapping, before public exhibition.

4. Receive a further report on any submissions to the Draft Development Control Plan following the public exhibition period.

Executive Summary

At the same time that Council resolved to prepare a Planning Proposal to reconfigure and expand the existing B7 Business Park zone at the Port Macquarie Airport (i.e. July 2019), Council also resolved to prepare draft development control provisions to guide future development of the proposed Airport Business Park.

This report seeks Council endorsement to publicly exhibit draft development controls for future development of the Airport Business Park. The proposed controls are needed to help manage change in this area so that new development reflects the significance of the Airport Business Park as a distinctive business-related Gateway to Port Macquarie for aviation-related, high technology and campus style business park development.

The draft controls presented for pubic exhibition have been informed by work undertaken by King and Campbell Pty Ltd on behalf of the landowner (PMHC Airport). This work was undertaken following Council’s July 2019 resolution. In short, the proposed amendment to the Port Macquarie-Hastings Development Control Plan 2013 includes provisions related to a new access network, new open space network, high quality urban design and infrastructure.

It is also recommended that Council request an alteration to the Gateway Determination recently issued for the Airport Business Park Planning Proposal to add ‘recreation area’ as a permitted use in the B7 Zone. This will ensure that upon rezoning, passive recreational opportunities will be permitted in the Airport Business Park for the enjoyment of workers and visitors, as envisaged.

In accordance with the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000, it is recommended that the draft development controls prepared by Council’s planning staff be placed on public exhibition for a period of 28 days, together with the Airport Business Park Planning Proposal.

Discussion

Figure 1 - Site Plan

Background

On 17 July 2019, Council resolved to endorse a Planning Proposal to amend the Port Macquarie-Hastings Local Environmental Plan 2011 in relation to the Port Macquarie Airport and surrounding lands. The Planning Proposal involves a reconfiguration and expansion of the existing B7 Business Park zone at the Airport, together with a rezoning of the remaining Airport lands and Council’s Thrumster lands to reflect the State Government’s Biodiversity Certification Assessment.

The NSW Department of Planning, Industry and Environment has since issued a Gateway Determination (Attachment 1) to allow the Planning Proposal process to commence.

Points 3 and 6 of Council’s resolution (reproduced in full below) relate directly to this report:

That Council:

1. Endorse the Planning Proposal attached at Attachment 1 pursuant to section 3.33 of the Environmental Planning and Assessment Act 1979 to amend the Port Macquarie-Hastings Local Environmental Plan 2011 in relation to the Port Macquarie Airport and surrounding lands in accordance with the Planning Proposal.

2. Forward the Planning Proposal to the Department of Planning, Industry and Environment for a Gateway Determination, and request that the Determination not authorise Council to be the local plan-making authority.

3. Prepare draft Development Control provisions in respect of the Airport Business Park as outlined in this report in accordance with clause 18 of the Environmental Planning and Assessment Regulation 2000.

4. Prepare a draft Section 9.11 Airport Business Park Roads Contribution Plan as described in this report.

5. Commit to bind any purchaser of the Council owned Business Park Zone to contribute proportionally to the cost of upgrading Boundary Street and the Hastings River Drive/Boundary Street intersection.

6. Receive a further report providing details of the draft Development Control provisions in 3 above for approval prior to the Planning Proposal and draft Development Control provisions being exhibited concurrently.

7. Receive a report following the public exhibition to assess any submissions received.

8. Delegate authority to the Director Development and Environment to make minor amendments to the Planning Proposal prior to submission for Gateway Determination.

Draft Development Control Provisions

In September 2019, King and Campbell Pty Ltd on behalf of the landowner (PMHC Airport) offered to prepare the draft development control provisions (DCP) for the proposed Airport Business Park. A preliminary draft DCP was submitted on 25 October 2019 and in consultation with staff of Council’s Infrastructure Planning, Council’s planning staff reviewed the draft provisions and provided feedback.

A revised draft DCP was received on 26 November 2019 (Attachment 2) and has been used to inform the content of the draft DCP proposed to be put forward for public exhibition by Council (Attachment 3).

The draft DCP contains a Vision for the Airport Business Park as follows:

‘The Airport Business Park evolves into a highly successful and attractive employment precinct that provides a range of job opportunities to support the local economy. Strategically located, the Business Park operates as an important employment precinct that builds on the role of the Airport as a regional hub and significant Gateway to Port Macquarie.’

The desired future character of the Airport Business Park is a distinctive and prestigious hi-tech Gateway to Port Macquarie, with strong and seamless links to the Health and Education Precinct and Central Business District.

The Precinct will contain a mix of aviation-related, high technology and campus style business park development supported by new infrastructure including, new roads, accessible public transport, pedestrian and cycleway connections, open space, and high-speed telecommunications.

A pleasant and safe work environment is envisaged through the provision of pedestrian-friendly streets, good landscape design and open spaces, with access to passive recreational opportunities adjoining Conservation Lands, as well as encouraging high-quality built form based on sustainable design principles.

The draft DCP proposes that the Airport Business Park contain four development sub-precincts (see Figure 2) as follows:

1. The Boulevard - will accommodate up to three storey ‘A-grade’ commercial/light industrial buildings that benefit from high visibility and accessibility. This area will be vibrant and pedestrian friendly, focused along the major roads with key active frontages and communal open space at the northern Gateway entry for the enjoyment of workers and visitors. Cafes and restaurants will be encouraged to provide areas for social interaction.

The high-quality design of the buildings and streetscape within The Boulevard will reflect the importance of the major transport connection to Hastings River Drive and future potential access to the Oxley Highway, the Health and Education Precinct and the Port Macquarie Central Business District.

The Boulevard road reserve will provide for future growth in traffic volumes without compromising the quality of landscaping and the provision of infrastructure for cyclists and pedestrians. The importance of the existing entry to the Port Macquarie Airport will be announced through a combination of urban/building design Gateway controls and treatments.

2. Business Park North – will comprise a range of aviation-related, technology, service and business uses, with a component of warehousing, and in some cases a component of research, such as but not limited to, information and communication technology, modern warehousing and distribution industries, advanced manufacturing industries and high-technology uses. Focused along the perimeter of the precinct and internal street network, this area will be activated by display/showrooms and small-scale ancillary convenience uses.

3. Business Park South – will feature a diversity of business and industry employment opportunities, including but not limited to, professional services, service trades, technology development and manufacturing, and community facilities, such as child care centres, gymnasiums/indoor recreation facilities.

4. Recreation - the periphery of the precinct will provide opportunities for passive recreational open space adjacent to Conservation Lands.

In preparing the draft DCP, Council planning staff became aware that passive recreation, as envisaged for the Recreation sub-precinct, falls within the definition of ‘recreation area’ under the Port Macquarie-Hastings Local Environmental Plan 2011 and is prohibited in the B7 Zone.

It is recommended that Council request that the Department of Planning, Industry and Environment issue an alteration to the Gateway Determination to add ‘recreation area’ as a permitted use in the B7 Zone. This will ensure that upon rezoning, passive recreational opportunities will be permitted in the Airport Business Park, as envisaged.

The Boulevard - pink shading

Business Park North and Business Park South, as denoted

Recreation - outer edge of perimeter road

Figure 2 – Airport Business Park development sub-precincts

The purpose of the draft DCP is to guide coordinated development outcomes across the Airport Business Park to assist in realising the Vision for and Desired Future Character of the area.

The specific aims are:

· To facilitate future business and technology park development that delivers high-value jobs to the local economy and builds on the role of the Port Macquarie Airport as a regional hub and transport Gateway.

· To ensure the precinct will be characterised by a high quality and well-designed built form and streetscape that reflects the Gateway importance of the Airport Business Park and promotes a sense of arrival, prestige and identity.

· To create a network of new streets to provide vehicular, pedestrian and cycle efficiency, safety and permeability that maximises cross connections within the precinct and to surrounding areas.

· To facilitate a high quality environment and amenity for workers and visitors to the precinct.

· To ensure that development does not interfere with the continued and expanded operation of the Port Macquarie Airport.

· To ensure that development minimises potential environmental impacts and is consistent with the biodiversity outcomes of the Order Conferring Biodiversity Certification-Port Macquarie Airport and Surrounding Land, published in the NSW Government Gazette on 7 September 2018.

· To provide for new road infrastructure, stormwater drainage, water supply, sewerage, electrical and telecommunications utilities to service future development.

Below is a summary of the key draft controls:

Subject	Proposed controls
Access network	· New public streets, pedestrian connections and shared pedestrian/cycle pathways required.
Lot design	· Minimum 40m width to street frontage. · Lots oriented so buildings address the street. · Battle-axe lots not supported.
Car parking	· All parking for development to be on-site or in centralised off-road locations.
Bicycle facilities	· Bicycle facilities required where commercial developments employ 20+ staff.
Landscape design	· One street tree every 20m of street frontage comprising advanced stock capable of achieving heights of 10-15m. · Deep soils zones for each lot comprising 10% of site area (min 3m x 3m). · One canopy tree for every 9 at-grade car parking spaces (max intervals of 25m). · Landscaped front setbacks to include planting with low-water requirements.
Open space network	· The Boulevard sub-precinct to provide communal public open space/plaza area at the northern Gateway entry. · Recreation sub-precinct to include pedestrian and cycle shareways, fitness trails and other opportunities for passive recreation.
Stormwater management	· Water sensitive urban design required within subdivision, site and building design. · Developments to include 10kL rainwater tank plumbed for internal usage for toilets and site landscape irrigation.
Infrastructure and services	· Sewer and water strategies required. · Electricity and telecommunications to be underground and preferably co-located. · State of the art telecommunications required.
Built form	· High-quality architectural standard encouraged. · Metal cladding or untreated concrete surfaces for walls not supported. · Energy efficient design principles to be incorporated into building design. · Signage to be integrated with design of building facade.
Setbacks	· 5m front building setback. · Building to extend 40% (min) of the lot frontage.
Gateway sites	· High quality public art and/or landscaping required for entry point to Port Macquarie Airport. · Design of buildings adjacent to this intersection to create a distinctive and recognisable Gateway entry to the Precinct.
Port Macquarie Airport controls	· Lighting details required. · Development to have to regard to potential wildlife and bird strike hazards.

If adopted following exhibition, the draft DCP will supplement the General and the Development Specific (Business and Commercial Development, Subdivision) Provisions of Port Macquarie-Hastings DCP 2013 and provide guidance for Council staff and applicants in the assessment and preparation of development applications for the Airport Business Park.

Given the limited time that Council staff have had to review and prepare the draft development controls, further consultation with the landowner (PMHC Airport) may be needed to refine the provisions and Council will be able to make further amendments to the draft DCP following the public exhibition period.

Options

The following options are available to Council:

1. Continue to rely on existing general planning controls in the Port Macquarie-Hastings DCP 2013 to guide future development within the proposed Airport Business Park.

2. Require revisions to the draft DCP at Attachment 3 to this report.

3. Progress the draft DCP at Attachment 3 to this report to public exhibition and invite feedback.

Option 3 is the preferred option to facilitate community engagement in conjunction with the Planning Proposal.

Community Engagement & Internal Consultation

If endorsed, the draft DCP will be exhibited for 28 days in accordance with clause 18 of the Environmental Planning and Assessment Regulation 2000, together with the Airport Business Park Planning Proposal and Council’s adopted Community Participation Plan 2019. The exhibition will provide government agencies, the Proponent, adjoining landowners and the community, an opportunity to review and comment on the draft DCP.

An advertisement will be placed in local newspapers advising of the exhibition period and the draft DCP will be available for view at Council’s administration buildings and ‘Have Your Say’ website.

Should Council endorse the draft DCP, public exhibition of the Planning Proposal and draft DCP is expected to commence at the end of January 2020, having regard to the excluded Christmas/New Year period for exhibition under Schedule 1 of the Environmental Planning and Assessment Act 1979.

Following the exhibition period, Council planning staff will consider any government agency and public submissions received to the Planning Proposal and draft DCP and prepare a report for consideration at a future Council meeting.

Planning & Policy Implications

The Airport Business Park is comparable in scale to the Port Macquarie Central Business District and although the B7 zone has been in place at the Airport for many years, there are no development controls for the Airport Precinct. The Airport Business Park would typically have a location specific Precinct Plan. Effective development controls are considered necessary to help achieve the Vision and Desired Future Character of the Precinct,

NSW planning legislation relating to DCPs is contained within Part 3 Division 3.6 of the Environmental Planning and Assessment Act 1979 and Part 3 of the Environmental Planning and Assessment Regulation 2000. If adopted, the DCP will take effect upon rezoning of the Airport Business Park and notified in local newspapers, typically within two to three weeks of the Council meeting date.

Financial & Economic Implications

There are no financial or economic implications in relation to the recommended public exhibition of the draft Airport Business Park development control provisions.

Attachments

1 View. Gateway Determination - Airport Business Park

2 View. King and Campbell Draft DCP - Airport Business and Technology Precinct

3 View. Council Draft DCP - Airport Business Park

AGENDA Ordinary Council

11/12/2019

Item: 13.10

Subject: Update on Site Specific Planning Proposal Requests

Presented by: Strategy and Growth, Jeffery Sharp

Alignment with Delivery Program

4.5.1 Carry out strategic planning to manage population growth and provide for co-ordinated urban development.

RECOMMENDATION

That Council:

1. Note the current status of site specific Planning Proposal requests as described in this report.

2. Having regard to the deferral of the assessment report on the Planning Proposal Request for Ruins Way, Port Macquarie (PP2011-9.3) at the June 2019 Ordinary Council meeting, advise the Proponent that:

a) A revised Planning Proposal and supporting information describing proposed modifications to the proposal to achieve positive environmental outcomes is to be submitted to Council by 28 February 2020, and

b) If a revised Planning Proposal is not submitted to Council within the timeframe referred to in a.) above, the Council report (June 2019) recommending the proposal not be supported, be presented to Council for a decision in March 2020.

3. Request the General Manager write to the Minister for Planning and Open Spaces, in relation to the Planning Proposal for Bundaleer Aged Care, Wauchope (PP2017-6.1) requesting that pursuant to Section 3.35(4) of the Environmental Planning & Assessment Act 1979, the Planning Proposal not proceed.

4. Receive a further update report in six months regarding the progress of site specific Planning Proposal requests.

Executive Summary

The purpose of this report is to provide Council with an update on the current status of site specific Planning Proposal requests and to determine whether to progress all of these requests in the context of the Council’s Strategic Land Use Planning Program and priorities.

Council at its Ordinary Meeting on 17 April 2019, considered a report on the status of twelve (12) site specific Planning Proposal requests (Item 12.08) and resolved to continue assessing all of these requests. In relation to the Mission Terrace, Lakewood Planning Proposal (PP2016-11.1), Council resolved to provide the Proponent with a further 3 months to resolve NSW Rural Fire Service concerns with the proposal. The RFS advised of its support for Planning Proposal in July 2019 subject to conditions, and following public exhibition, this Planning Proposal was reported to Council in November 2019 and is being finalised.

It is recommended that Council continue to assess all the Planning Proposal requests to amend the Port Macquarie-Hastings Local Environmental Plan 2011 as outlined in this report, excepting the Bundaleer Aged Care Planning Proposal (PP2017-6.1), which the Proponent has advised is to be withdrawn. As this Planning Proposal has received a Gateway Determination, Council will need to write to the Minister for Planning and Open Spaces, requesting the Minister to determine, pursuant to Section 3.35(4) of the Environmental Planning & Assessment Act 1979, that the matter not proceed.

It is also recommended in light of the deferral by Council in June 2019 of the assessment report on the Ruins Way Planning Proposal (PP2011-9.3) for further negotiations to take place on proposed modifications to the proposal to achieve positive environmental outcomes, that the Proponent be given until 28 February 2020 to submit a revised Planning Proposal and supporting information to Council. If a revised proposal is not submitted to Council within this timeframe, it is proposed that, as recommended in the June 2019 Council report, the Planning Proposal be presented to Council for a decision in March 2020.

Council will receive individual reports on each of these Planning Proposal requests at key stages of the process. A further update report on the progress of site specific proposals will be presented to Council in June 2020.

Discussion

Context - Council’s Strategic Land Use Planning Program

Council’s Strategic Land Use Planning Program is directed and based on the priorities and actions identified in the Operational Plan 2018-2019 and the 2017-2036 Port Macquarie Hastings Urban Growth Management Strategy (UGMS). The UGMS was adopted by Council in June 2018 and approved as the local planning strategy by the NSW Department of Planning & Environment in November 2018.

Projects currently being prioritised in the program include:

· Yippin Creek Urban Release Area

· Airport Business Park Precinct - Planning Proposal/LEP and DCP

· Implementation of the Port Macquarie Health and Education Precinct Master Plan

· Comprehensive review of Council’s Development Control Plans

· Review of housing related LEP and DCP provisions to promote housing choice

· Outline Plan for Fernbank Creek and Sancrox areas

· Preparation of a new policy for Planning Proposals

· Input to development of a Regional City Action Plan (Priority action under the North Coast Regional Plan 2036)

· Administrative reviews and update of Port Macquarie Hastings LEP 2011

· Local Strategic Planning Statement

In addition to the above projects, the review, assessment and reporting of Planning Proposal requests to amend the LEP 2011 are undertaken by Council’s Strategic Planning staff. These Planning Proposals are predominately initiated by proponents (being land owners, consultants, developers and/or their representatives) and seek to amend the planning controls applying to their land (for e.g. the land use zone, height of buildings, floor space ratio or minimum lot size).

There is a need to balance and prioritise the amount of staff resources allocated to progress site specific Planning Proposals, against the need to progress the major strategic planning projects identified in the UGMS, which are important to deliver coordinated community, economic, social or environmental outcomes to the Port Macquarie-Hastings community.

Site Specific Planning Proposal requests

Council, at its meeting on 17 April 2019, considered a report on the status of twelve (12) site specific Planning Proposal requests (Item 12.08) and resolved:

That Council:

1. Note the current status of site specific Planning Proposal requests as described in this report.

2. In relation to the Planning Proposal Request (PP2016-11.1) for Lot 2 DP 771931, Mission Terrace Lakewood, provide the Proponent with a further 3 months (to 17 July 2019) to resolve the NSW Rural Fire Service concerns with the Planning Proposal, and if this is not able to be achieved that the matter be reported back to Council to determine the next steps.

3. Receive a further update report in six months regarding the progress of site specific Planning Proposal requests.

This report provides an update on twelve (12) current Site Specific Planning Proposal requests as listed below.

1. Part Lot 245 DP 1227796 and Part Lot 399 DP1241278, Ruins Way, Port Macquarie

2. Nos. 11 and 33 Mumford Street, Port Macquarie

3. Part Lot 500, DP 1237901, Crestwood Drive, Port Macquarie

4. Part Lot 1 DP 1087368, Partridge Creek, Thrumster

5. Bundaleer Aged Care, 4-8 Johnstone Street and 67 High Street, Wauchope

6. Proposed Highway Service Centre: 1179 Oxley Highway, Sancrox

7. Lot 37 and Part Lot 39 DP 1191701, Frogs Road and Benjamin Close, Sancrox

8. Lot 2 DP 1091253, Beach Street, Bonny Hills

9. Lot 10 DP 615755, Houston Mitchell Drive, Bonny Hills

10. The Chimneys, Lot 1 DP1161722, Homedale Road, Kew

11. Lot 202 DP 1133171 and Crown Land, Homedale Road, Kew

12. Lot 2 DP 771931, Mission Terrace, Lakewood

Council also resolved at its meeting on 20 February 2019, that an update be included in this bi-annual status report on the Le Clos, Sancrox Planning Proposal and this has been included in the Discussion section of this report.

Since the April 2019 Council report, two Planning Proposals have been finalised (Proposed Highway Service Centre, Sancrox and Homedale Road, Kew), and a new Planning Proposal request has been lodged for Council-owned land at Partridge Creek, Thrumster.

Table 1 below provides a summary, by locality, of the status of each site specific Planning Proposal request to amend the LEP 2011. Please note that a key to the Status Category is provided in Table 2 below.

Table 1: Status of Site Specific Planning Proposal requests (December 2019)

File No.	Property	Summary of requested amendments to LEP 2011	Status Category (April 2019)	Status Category (Dec 2019)	Fees Paid
Port Macquarie
PP2011-9.3	Lot 245 DP 1227796 and Part Lot 399 DP1241278 Ruins Way, Port Macquarie	Rezone land from RU1 Primary Production to R1 General Residential	6	6 (Assessment report deferred by Council June 2019. Under negotiation)	Yes (Stage 1: 2011 Fees & Charges)
PP2014-10.1	Nos 11 and 33 Mumford Street, Port Macquarie	Rezone land from R1 General Residential and part E2 Environmental Conservation to Business Zone	5	5 (Additional information received June 2019. Under assessment)	Yes (Stage 1)
PP2017-4.1	Part Lot 500, DP 1237901 Crestwood Drive, Port Macquarie	Rezone land from RU1 Primary Production to B2 Local Centre and include ‘Storage premises’ as an additional permitted land use in the zone (Revised request)	5	5 (Revised PP lodged July 2019. Under assessment)	Yes (Stage 1)
Thrumster
PP2019 - 7.1	Part Lot 1 DP 1087368, Partridge Creek, Thrumster Council-owned land	Amend location, rezone land and reduce the size of the current B1 Neighbourhood Centre zoned land to provide an improved location for the neighbourhood centre.	New	5 Planning Proposal lodged 26 August 2019. Under assessment	Yes (Stage 1)
Wauchope
PP2017-6.1	Bundaleer Aged Care, Nos 4-8 Johnstone Street and No 67 High Street, Wauchope	Increase maximum building height from 8.5m to 14.5m and increase floor space ratio from 0:65:1 to 1:1.4 to enable redevelopment of the site for aged care development and a new Sub-Acute Care Centre	8	8 (Pending receipt of land owners consent since Dec. 2018)	Yes (Stage 1)
Sancrox
PP2017-10.1	Proposed Highway Service Centre, 1179 Oxley Highway, Sancrox	Amendment to Schedule 1 (Additional permitted uses) to permit development for the purpose of a highway service centre	9	14 (Published NSW Legislation website 30 August 2019)	Yes (Stages 1 & 2)
PP2017-3.1	Lot 37 and Part Lot 39 DP 1191701, Frogs Road and Benjamin Close, Sancrox	Rezone land from RU1 Primary Production to IN1 General Industrial for employment purposes	5	5 (Pending consideration of draft CKPoM and planning process for Sancrox)	Yes (Stage 1)
Bonny Hills
PP2016-10.1	Lot 2 DP 1091253, Beach Street, Bonny Hills	Rezone land from RU1 Primary Production to part E2 Environmental Conservation and part R1 General Residential	12	12 (Submissions under review and updated studies. Proponent to revise PP)	Yes (Stage 1)
PP2014-14.1	Lot 10 DP 615755 and Lot 1 DP 1117908, corner Ocean Drive and Houston Mitchell Drive, Bonny Hills	Rezone land from RU1 Primary Production to Light Industrial and environmental purposes	5	11 (On public exhibition from 20 Nov. - 18 Dec 2019)	Yes (Stage 1)
Kew
PP2017-11.1	The Chimneys – Lot 1 DP1161722, Homedale Road, Kew	Rezone land from RU1 Primary Production to part R1 General Residential, part RE1 Public Recreation, part E2 Environmental Conservation and part E3 Environmental Management	5	5 (Since May 2019, pending lodgement of revised Planning Proposal)	Yes (Stage 1)
PP2014-12.1	Lot 202 DP 1133171 and Crown Land, Homedale Road, Kew	Rezone land from RU1 Primary Production to R1 General Residential and E2 Environmental Conservation	13	14 (Published NSW Legislation website 31 May 2019)	Yes (Stages 1 & 2)
Lakewood
PP2016-11.1	Lot 2 DP 771931, Mission Terrace, Lakewood	Rezone land from RU1 Primary Production to part R1 General Residential and part E3 Environmental Management and amend associated development standards	9	13 (Nov. 2019 Council resolved to finalise the PP)	Yes (Stages 1 & 2)

Table 2: Key to Status Category

Category	Stage in the Planning Process
1	Written request received
2	Internal review and discussion with proponent
3	Report to Council for decision whether to include in Strategic Land Use Planning Program for the coming year
4	If included, Pre-lodgement meeting held; additional information or amended requirements
5	Planning Proposal lodged, under assessment and negotiation with Proponent
6	Assessment report to Council for decision on whether or not to support a Planning Proposal to proceed to the Gateway
7	Submitted to Department of Planning & Environment (DPIE) for Gateway determination
8	Gateway determination issued by DPIE
9	Government agency consultation; additional studies/ investigations (required by conditions of the Gateway determination)
10	Preparation for public exhibition
11	Public exhibition of Planning Proposal
12	Post-exhibition report to Council to consider submissions and for decision on whether or not to proceed to finalise the Planning Proposal
13	Finalisation of Planning Proposal/ LEP Amendment
14	LEP Amendment made and published on NSW Legislation website

1. Overview

Since the time of the April 2019 Council report, there has been significant

progress on some site specific Planning Proposals as outlined in this report. This has included the finalisation of LEP amendments for the proposed Highway Service Centre (including a Planning Agreement and DCP provisions) and Homedale Road, Kew (including DCP provisions).

A large amount of work has also been undertaken by Council staff in relation to

Planning Proposals for The Ruins Way, Port Macquarie, Crestwood Dr, Port Macquarie, Houston Mitchell Drive, Bonny Hills and Mission Terrace, Lakewood.

A report was presented in the November 2019 Council Business Paper on the Planning Proposal for Mission Terrace Lakewood following the recent public exhibition, and Council resolved to finalise the Planning Proposal. Also, the Houston Mitchell Drive Planning Proposal commenced public exhibition on 20 November for 28 days until 18 December 2019.

As shown in Table 1 above, four (4) out of the twelve (12) Site Specific Planning

Proposal requests have progressed to the next stage in the planning process since this matter was last reported to Council on 17 April, 2019. These are:

· PP2014-12.1 – Homedale Road, Kew: Completed. LEP Amendment published NSW Legislation website 31 May 2019;

· PP2017-10.1 – Proposed Highway Service Centre, Sancrox: Completed. LEP Amendment published NSW Legislation website 30 August 2019;

· PP2014-14. – Corner Ocean Drive and Houston Mitchell Drive, Bonny Hills: Planning Proposal and DCP provisions on public exhibition from 20 November to 18 December 2019;

· PP2016-11.1 - Mission Terrace, Lakewood - Planning Proposal being finalised following the post-exhibition report on submissions received at the November Ordinary Council Meeting.

Although not as many Planning Proposal requests have progressed to the next stage of the process since the time of the April 2019 Council report (approximately 33%), a large amount of work has been undertaken by Council staff on a number of the Planning Proposals that have remained in the same Status Category (refer Table 2).

Actions have been undertaken by Council staff in relation to five (5) Planning Proposal requests since April 2019 which includes Ruins Way, Port Macquarie; Mumford Street, Port Macquarie; Crestwood Drive, Port Macquarie; Beach Street, Bonny Hills and The Chimneys, Kew. These proposals still remain in the same Status Category for a range of reasons including proponents lodging additional information requiring internal review/ referral, revised Planning Proposals to be lodged (The Chimneys and Crestwood Drive), review and negotiations with proponents, and the need for supporting studies to inform and respond to submissions received (Beach Street, Bonny Hills).

For the remaining two (2) Planning Proposal requests which have remained in the same Status Category since April 2019 (Bundaleer Aged Care and Frogs Road, Sancrox), these applications require further actions to occur prior to proceeding to the next stage, as outlined in Table 1 to this report.

An update is provided below on specific Planning Proposals for Council’s information.

2. PP2017 - 6.1 - Bundaleer Aged Care, 4-8 Johnstone Street and 67 High Street, Wauchope

As reported in the status update report to Council in April 2019, the Proponent has been requested to provide the land owner’s consent for Lot 1 DP 603483 (4-8 Johnstone Street), in accordance with Council’s resolution of 12 December 2018, provided below:

That Council:

1. Note the information contained within this update report.

2. Request the General Manager write to the Mid North Coast Local Health District seeking to be removed from the current Lease S228374 and the subsequent Deed dated 20 March 1984.

3. Seek from the proponent, Love Project Management, the land owners consent for Lot 1 DP 603483 situated 4-8 Johnstone Street, Wauchope prior to further consideration of the Planning Proposal.

The land owner’s consent for Lot 1 DP 603483 has not been received to date. The Proponent has advised that the ownership of the land is a complex matter and that Council’s resolution has been noted and further investigations have been undertaken. In terms of point 2 of Council’s resolution, Council has requested to be removed from the current Lease and subsequent Deed; however, no response has been received from Mid North Coast Local Health District.

Since the time of status update report to Council in April 2019, Bundaleer Care Services lodged a Development Application (DA2019-481) in July 2019 for a proposed 140-bed Aged Care Facility at another site in Wauchope at 211 High Street. Council staff are currently assessing the DA, which will be determined by the Northern Joint Regional Planning Panel.

The proponent has now advised Council that the Planning Proposal has been withdrawn (Attachment 1). As the Planning Proposal has received a Gateway determination to proceed (11 July 2018), Council as the Planning Proposal Authority, has to request the Minister for Planning to determine that the matter not proceed under Section 3.35(4) of the EP&A Act, as Council itself does not have the power to do this.

In light of the Proponent’s advice, lodgement of the DA and land ownership issues for the Johnstone Street site, it is recommended that Council write to the Minister for Planning and Open Spaces to request the Planning Proposal not proceed.

3. PP2011 - 9.3 - Ruins Way, Port Macquarie

Council at its Ordinary Meeting on 19 June 2019 considered an assessment report on the Planning Proposal request for Ruins Way, Port Macquarie and resolved:

That Council:

1. Defer consideration of this item.

2. Request the General Manager schedule a Councillor briefing on the proposal as soon as practical.

3. Request the General Manager convene a meeting with the proponent and their representatives and relevant Council staff for the purpose of working towards potential modifications to the planning proposal that seek to achieve optimal outcomes for all parties, including protection of koala habitat under SEPP 44 and other positive environmental outcomes.

4. Request the General Manager provide a report back to Council regarding the outcomes of this meeting and any amendments to the Planning Proposal, once Council staff are in a position to finalise this review.”

The staff Recommendation of this report was that Council not support the Planning Proposal for the following reasons:

“Recommendation:

a) The proposed development resulting from the Planning Proposal is considered unacceptable in terms of environmental impact, specifically:

i) up to 100% loss of existing Core Koala habitat within the proposed development precincts to satisfy Planning for Bushfire Protection requirements.

ii) loss of a significant corridor / habitat linkage between key foraging areas, with significance for genetic dispersal, and recovering vulnerable species, including koala.

iii) Incremental and cumulative habitat and connectivity loss, through ineffective offsets, barriers to movement, vehicle strike, and increased risk of dog attack and disease.

b) The Planning Proposal is inconsistent with North Coast Regional Plan 2036, Urban Growth Management Strategy 2017-2036, State Environmental Planning for Koala Habitat Protection and Coastal Management 2018, and the Biodiversity Conservation Act 2016.

c) The outcomes of the Planning Proposal do not have strategic merit and the request proposes development of land which is inconsistent with the Strategic Merit Test as outlined in the Department of Planning & Environment’s Guidelines for Strategic and Site-Specific Merit Assessment Criteria for Planning Proposals.

d) The request proposes development of land which, if supported, would be inconsistent with Object (b) and Object (e) of the Environmental Planning and Assessment Act, 1979.”

In accordance with Council’s resolution, Council staff met with the proponent and land owner on-site on 17 July 2019, and following this the proponent submitted correspondence to Council (16 August 2019) regarding koala habitat offsetting. A Councillor briefing on this matter was held on 14 August 2019. Following Council’s letter of 19 September 2019, a further meeting was held between Council staff, the land owner and their representatives on 23 October 2019 in an effort to work towards potential modifications to the Planning Proposal to achieve positive environmental outcomes for the land holdings.

As Council is aware, this Planning Proposal has a lengthy history which commenced in April 2011, and a detailed chronology was included in the June 2019 Council report. Excluding the June report and this report, updates on the proposal have been reported to Council on eight (8) separate occasions (27 July 2011; 28 March 2012; 20 August 2014; 15 March 2017; 16 August 2017; 21 March 2018; 19 September 2018 and 17 April 2019). On two of these dates (15 March and 16 August 2017), the reports recommended that the proposal be discontinued as the information to support the preparation of a Planning Proposal had not been provided by the Proponent.

To date, the proponent has not submitted any modifications to the Planning Proposal which Council staff are able to assess and report back to Council. In light of the deferral of this matter by Council in June 2019, and the need for the Planning Proposal to be reconsidered by Council in a timely manner, it is recommended that the Proponent be given until the 28 February 2020 to submit a revised Planning Proposal and supporting information to Council for assessment.

If a revised proposal is not submitted to Council within this timeframe, it is proposed that the deferred June 2019 Council report, which recommended the Planning Proposal not be supported, be presented to Council for a decision in March 2020.

4. Le Clos, Sancrox

In accordance with Council’s resolution at its Ordinary Meeting of 20 February 2019, regular updates will be included in this biannual update report on the progress of the Le Close Sancrox Planning Proposal. Council at its meeting in February 2019 considered a report on future planning for the Fernbank Creek and Sancrox areas and resolved to, “Invite the Le Clos Sancrox landowners to submit a planning proposal in parallel with Stage 1 planning in order to assist in informing the planning process.”

At the time of finalising this report, a Planning Proposal had not been formally lodged, however a preliminary Pre-Lodgement meeting was held between the planning consultants and Council staff in late October 2019. Following this meeting, Council staff provided detailed comments on the draft Planning Proposal and supporting technical studies to the planning consultants. This documentation is being reviewed by staff in parallel with the progression of a Structure Plan for the Fernbank Creek and Sancrox areas, in accordance with Council’s resolution of 20 February 2019.

A separate report has been included in the December 2019 Business Paper in relation to the progress of planning investigations for Fernbank Creek and Sancrox, which includes the land known as Le Clos Sancrox.

Options

Council could opt to continue with all of the Site Specific Planning Proposal requests detailed in this report or discontinue any of them. In relation to the Planning Proposal for Bundaleer Aged Care, in light of the advice from the proponent that it will be withdrawn, Council will need to write to the Minister for Planning and Open Spaces, requesting a determination under Section 3.35(4) of the EP&A Act that the matter not proceed any further.

Requests for Site Specific Planning Proposals are considered by Council as part of the Strategic Land Use Planning Program, and further reports are expected in 2020/21 to determine priorities.

Community Engagement & Internal Consultation

Consultation has been undertaken between Council staff and proponents in relation to each Site Specific Planning Proposal request and in some cases, there has also been consultation with State agencies.

Further community consultation consistent with the requirements of the Environmental Planning and Assessment Act 1979 and the Department’s – A guide to preparing local environmental plans and Council’s adopted Community Participation Plan will occur where a Planning Proposal is supported by Council and a Gateway determination is received.

Planning & Policy Implications

Council’s consideration of requests for Planning Proposals is governed by the Environmental Planning & Assessment Act 1979, EP&A Regulations, various state policies and Department of Planning & Environment guidelines.

As discussed earlier in this report, the assessment of site specific proposals is a part of Council’s Strategic Planning Work Program which needs to be balanced against the need to progress key projects in the recently approved Port Macquarie-Hastings Urban Growth Management Strategy 2017-2036. An assessment report will be required on each Planning Proposal request for Council’s decision as to whether or not to support an amendment being made to the LEP, and the forwarding of the Planning Proposal to the Department for a Gateway Determination.

In relation to the Planning Proposal Policy, a draft Policy has recently completed public exhibition (23 October to 20 November 2019), and a report is presented in the current Business Paper on the submissions received. Upon approval of the Policy by Council and commencement of the Policy, the requirements will need to be considered by proponents in the preparation and lodgement of Planning Proposal Applications to amend the LEP.

Financial & Economic Implications

Council fees consistent with current Fees and Charges will apply to each of the Planning Proposal requests to amend the LEP 2011.

Attachments

1 View. Bundaleer Aged Care Planning Proposal - Formal Withdrawal

Donation of Glasshouse Voucher to Gidget Foundation Fundraiser on 08/11/19	$100.00
Donation of Glasshouse Voucher to PMQ TAFE’s “Movember” Fundraiser	$200.00
	$300.00

Original Budget as at 1 July 2019	Shortfall	($975,198)
Plus adjustments:
July Review	Balanced	$0
August Review	Surplus	$125,477
September Review	Surplus	$14,783
October Review	Balanced	$0
November Review	Balanced	$0
Forecast Budget Position for 30 June 2020	Shortfall	($834,938)

Description	Notes	Funding Source	Amount
Grant Funding	1	Grants	$405,000
s7.11 Contributions	2	s7.11	$34,032
Reserve Movements	3	Reserve	$400,000
Council Resolutions	4	Loans	$2,400,000
Budget Variation Requests	5	Reserve	$370,854
Total			$3,609,886

Council Project	Grant Provider	Grant Funding	Other Funding*	Comment
Airport Security	Dept. of Industry, Innovation & Science	$405,000	$0	Council has secured a grant for the provision of security screening equipment.
Total Grant Funding		$405,000

Council Project	Contributions From	Amount	Other Funding	Comment
Shelley Beach Corridor Environmental Management	s7.11	$11,282	$0	Adjustment to cover costs associated with the maintenance of the Shelley Beach Corridor, (funds collected under VPA).
Glenview Park Maintenance	s7.11	$22,750	$0	Adjustment to cover costs associated with the maintenance of the Glenview Park maintenance, (funds collected under VPA).
S7.11 Contributions		$34,032	$0

Transfer from	Transfer To	Amount	Comments
Strategic Priorities Reserve	Orbital Road Study	$400,000	Transfer from Strategic Priorities Reserve to replace Grant funding budgeted in the 2019/2020 budget which is no longer going to be received
Reserve Movements		$400,000

Project Name	Funding Source	Amount	Comments
Broadwater Canals Lighthouse & Gangway Repairs	Reserve	$110,854	Maintenance to existing structures at the entrance to the Broadwater Canals
Woods St Upgrade	Reserve	$260,000	Increase scope and detailed design
Total Approved Budget Variations		$370,854

General Fund	130,139,236
Waste Fund	18,504,639
Water Fund	100,351,279
Sewer Fund	48,456,988
Sanctuary Springs Fund	38,856
Broadwater	1,404,810
	298,895,808

1	a)	The total number of complaints received in the period about Councillors and the General Manager under the Code of Conduct	14
1	b)	The total number of complaints finalised in the period about councillors and the General Manager under the code of conduct	5
2	a)	The number of complaints finalised at the outset by alternative means by the General Manager or Mayor	1
	b)	The number of complaints referred to the Office of Local Government under a special complaints management arrangement	0
	c)	The number of code of conduct complaints referred to a conduct reviewer	13
	d)	The number of code of conduct complaints finalised at preliminary assessment by conduct reviewer	12
	e)	The number of code of conduct complaints referred back to the General Manager or Mayor for resolution after preliminary assessment by conduct reviewer	1
	f)	The number of finalised code of conduct complaints investigated by a conduct reviewer	2
	g)	The number of finalised code of conduct complaints investigated by a conduct review committee	0
	h)	Number of finalised complaints investigated where there was found to be no breach	12
	i)	Number of finalised complaints investigated where there was found to be a breach	1
	j)	Number of complaints referred by the General Manager or Mayor to another agency or body such as the ICAC, the NSW Ombudsman, the Office or the Police	0
	k)	Number of complaints being investigated that are not yet finalised	0
	l)	The total cost of dealing with Code of Conduct complaints within the period made about Councillors and the General Manager including staff costs	$51,051
3	The number of complaints determined by the conduct reviewer at the preliminary assessment stage by each of the following actions:
	a)	To take no action	12
	b)	To resolve the complaint by alternative and appropriate strategies	0
	c)	To refer the matter back to the General Manager or the Mayor, for resolution by alternative and appropriate strategies	1
	d)	To refer the matter to another agency or body such as the ICAC, the NSW Ombudsman, the Office or the Police	1
	e)	To investigate the matter	0
	f)	To recommend that the Complaints Coordinator convene a conduct review committee to investigate the matter	0
4	The number of investigated complaints resulting in a determination that there was no breach, in which the following recommendations were made:
	a)	That the Council revise its Policies or procedures	0
	b)	That a person or persons undertake training or other education	0
5	The number of investigated complaints resulting in a determination that there was a breach in which the following recommendations were made:
	a)	That the Council revise any of its Policies or procedures	0
	b)	That the subject person undertake any training or other education relevant to the conduct giving rise to the breach	0
	c)	That the subject person be counselled for their conduct	0
	d)	That the subject person apologise to any person or organisation affected by the breach	0
	e)	That findings of inappropriate conduct be made public	0
	f)	In the case of a breach by the General Manager, that action be taken under the General Manager’s contract for the breach	0
	g)	In the case of a breach by a Councillor, that the Councillor be formally censured for the breach under section 440G of the Local Government Act 1993	0
	h)	In the case of a breach by a Councillor, that the matter be referred to the Office for further action	1
6	Matter referred or resolved after commencement of an investigation under clause 8.20 of the Procedures		0
7	The number of investigated complaints resulting in a determination that there was a breach with respect to each of the following categories of conduct:
	a)	General conduct (Part 3)	1
	b)	Conflict of interest (Part 4)	0
	c)	Personal benefit (Part 5)	0
	d)	Relationship between council officials (Part 6)	0
	e)	Access to information and resources (Part 7)	0
8	The number of investigated complaints resulting in a determination that there was a breach in which the Council failed to adopt the conduct reviewers recommendation		0
9	The number of investigated complaints resulting in a determination that there was a breach in which the Council's decision was overturned following a review by the Office		0

Submission			Issue
1.	JS Derks		1. It seems to have little input or focus on children and teenagers and the aged. 2. Suggestion to widen Comboyne Rd for cyclists. 3. Suggestion of signage on Comboyne Rd to promote events, community messaging. 4. Request for better access from Comboyne Rd to the state forests and national parks, creating additional nature reserves and working with landholders to create wildlife corridors. 5. Suggestion for individuals, communities, the Council and energy providers to work to remove Comboyne and Byabarra from the electricity grid. 6. Suggest a survey be undertaken to understand the demand for public transport from the Plateau to Wauchope.
1.	*Response/* *Comment*:	1. Noted - there are a number of actions which look to address infrastructure for the young in particular. For example, development of additional sporting infrastructure in the area and also enhancement of facilities in Pioneer Park. 2. Noted. Plan amended to include investigation for this. 3. Noted. Community signage is being investigated under Action 3 - Objective 2.2 4. Noted. Areas of high ecological value which have the potential to be wildlife corridors and nature reserves are identified in Council’s Biodiversity Strategy and the soon-to- be-developed Ecological Restoration Plan. 5. Noted - and included as Action item 5 under Objective 2.2 “Investigate options for local "off-grid" electricity supply.” 6. Noted. Survey can be undertaken by C-CAT to determine if an Action to advocate for Public Transport options should be included in the plan.

Submission			Issue
1.	Damien		Supportive of the Plan particularly the protection of the of the regions riparian zone, the Pappinbarra River, dam construction and off-river watering technology.
	*Response/* *Comment*:	Noted. Two additional actions (Action 1.3 under Objective 1) have been included: Action 1.3 under Objective 1: ‘To actively seek Council and other funding opportunities for riparian Zone fencing, dam construction and off-river watering technology.’ Action 2.2.3 under Objective 2.2: ‘Encourage property owners whose land intersects with the river, to develop a 30 - 40 metre riparian zone and to revitalise adjacent land (including the removal of invasive flora) to encourage a healthy sustainable habitat’.

*Expense Type*	*Refund Basis*	*Limit*
Travel – Air	Actual	Nil
Travel – Rail	Actual	Nil
Travel – Taxi	Actual	Nil
Travel – Bus	Actual	Nil
Travel – Parking	Actual	$40.00 per day

Actions	Expected timeline	Progress to date
Level 1 Management Actions
Education and awareness programs	June 2020	The next community information session is scheduled for 4 December 2019 from 10am to 11am in the Council Chambers.
Property modification/service subsidies	June 2020	The subsidy program was endorsed by the Executive and Council on 30 October 2019. 14 residents have been provided the subsidy information package with two residents having already applied. The program will run from November 2019 to March 2020 with a survey in April to assess the effectiveness of the program.
Routine Camp Management	Ongoing	Friends of Kooloonbung Creek with support from Council’s NRM team continue to work in the reserve maintaining the bushland ecosystem and flying fox camp area.
Alternative habitat creation	June 2020	Not yet commenced
Protocols to manage incidents	June 2021	Not yet commenced
Research	Ongoing (long term)	Continued quarterly flying fox count undertake for the national census. The last census November 2019 counted 1309 Grey-headed flying fox, 116 Black flying-fox and 72 Little red flying-fox occupying a camp area of 1.4 hectares. The last census undertaken in August counted 6148 Grey-headed flying fox and 117 Black flying fox over an area of 1.5 hectares.

Appropriate land-use planning	June 2022	Not yet commenced.
Level 2 Management Actions
Canopy mounted sprinklers	June 2022	Review of Environmental Factors with Ecological Impact Assessment Report has been completed, pending endorsement. Design and testing of canopy-mounted sprinkler system has been completed and all aspects of the irrigation system are ready to be installed. Options for alternative water supply are being investigated however with the level 3 water restrictions now in force the sourcing of appropriate water is problematic.
Buffers through vegetation trimming and removal	June 2024`	Not yet commenced.

Submission			Issue
1.	Biodiversity and Conservation Division (BCD) of NSW Dept of Planning, Industry & Environment		a. The Draft Planning Proposal Policy and associated draft Application Form provide clear guidance on the Council’s process and requirements for submitting a Planning Proposal. 1. b. BCD requests that Action 2.1 under Direction 2 of the North Coast Regional Plan 2036 should be considered and implemented at the Planning Proposal stage. Action 2.1 of the Regional Plan states: · Focus development to areas of least biodiversity in the region and implement the ‘avoid, minimise, offset’ hierarchy to biodiversity, including areas of high environmental value. BCD recommends that the Draft Policy specifically references Action 2.1 of the Regional Plan and include information relating to biodiversity certification under the Biodiversity Conservation Act 2016. Where biodiversity certification is not sought, the submission provides considerations for Planning Proposal and associated ecological assessments. 2. c. BCD requests that Action 18.2 under Direction 18 of the North Coast Regional Plan 2036 should be considered and implemented at the Planning Proposal stage. Action 18.2 of the Regional Plan states relates to the North Coast’s Aboriginal Heritage and states · Undertake Aboriginal cultural heritage assessments to inform the design of planning and development proposals so that impacts to Aboriginal cultural heritage are minimised and appropriate heritage management mechanisms are identified. 3. BCD recommends that the Draft Policy specifically references Action 18.2 of the Regional Plan, and that information relating to specific requirements for undertaking an assessment of Aboriginal cultural heritage values, be included in the Application Form and any other relevant documents.
1.	*Response/* *Comment*:	a. Noted. 4. b. Once a Planning Proposal Application is lodged, Council staff will carry out an assessment of the Planning Proposal against the Strategic Merit Test contained in the DPIE’s A guide to preparing planning proposals, to determine if the application has strategic and site- specific merit. This will include consideration as to whether the proposal will give effect to the objectives and actions in the North Coast Regional Plan as a whole, including Action 2.1 - Enhance biodiversity, coastal and aquatic habitats, and water catchments. For this reason, it is not considered necessary for the Draft Policy to specifically reference Action 2.1. 5. 6. Furthermore it is not appropriate for the Policy to contain information regarding biodiversity certification as this is a separate assessment process occurring under the Biodiversity Conservation Act 2016. Council will give consideration to information contained in the BCD’s submission relating to High Environmental Value (HEV) land in policy implementation and the updating of the planning proposal procedures. 7. c. For the reasons outlined in point b. above, it is not considered necessary for the Draft Policy to be amended to reference Action 18.2 - Respect and protect the North Coast’s Aboriginal Heritage. Council as part of current practice requires Planning Proposals to consider Aboriginal cultural heritage values and this is required by Section 9.1 Ministerial Planning Direction 2.3 - Heritage Conservation. The Draft Policy at Section 3.8 d) and the Application Form identify the need for Aboriginal cultural heritage to be addressed in the Planning Proposal. 8. 9. Council will consider the information contained in the BCD’s submission relating to Aboriginal heritage values in policy implementation and the updating of planning proposal procedures
2.	NSW Roads & Maritime Services (RMS)		a. RMS understands that the Draft Policy is a strategic policy document and that further consultation with the RMS will occur through the development assessment and Planning Proposal process. 10. b. RMS supports the references in the Draft Policy to the need to provide information on traffic related matters, particularly in sections 3.6b) and 3.8d). 11. c. RMS advises that to assist Council in identifying any significant transport-related issues early in the process, it is willing to be involved at the pre-lodgement stage, either by giving advice or attending a meeting.
2.	*Response/* *Comment*:	Council notes and welcomes the comments from the RMS, particularly their willingness to be involved at the pre-lodgement stage in providing advice or attending a meeting where a Planning Proposal is presenting significant transport-related issues.